Tag Archives: Brett Kavanaugh

‘An Act of Conquest’: Native Americans Condemn SCOTUS Tribal Sovereignty Ruling

“Every few paragraphs of the majority opinion has another line that dismissively and casually cuts apart tribal independence that Native ancestors gave their lives for,” observed one Indigenous law professor.

By Brett Wilkins  Published 6-29-2022 by Common Dreams

The United States Supreme Court in Washington, D.C. ruled on June 29, 2022 that authorities in Oklahoma and other states can prosecute certain crimes on sovereign tribal land. Photo: Beatrice Murch/flickr/CC

Indigenous leaders on Wednesday condemned a U.S. Supreme Court ruling that allows authorities in Oklahoma and other states to prosecute certain crimes on sovereign tribal land, a narrowing of a landmark 2020 decision affirming Native treaty rights.

Writing for the majority in the 5-4 Oklahoma v. Castro-Huerta decision—in which Neil Gorsuch joined the three liberal justices in dissent—Justice Brett Kavanaugh asserted that “the federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian Country.” Continue reading

Share Button

Stephen Breyer is set to retire – should his replacement on the Supreme Court have a term limit?

Will Stephen Breyer’s replacement on the Supreme Court serve for so long?
AP Photo/Manuel Balce Ceneta

Paul M. Collins, Jr., UMass Amherst and Artemus Ward, Northern Illinois University

A vacancy sign hangs above the Supreme Court bench following reports on Jan. 26, 2022, that long-serving liberal justice Stephen Breyer is set to retire.

Names are already being thrown around in the media as to who will replace him, aided by helpful hints from President Joe Biden himself. But whoever it is can, depending on their age, expect a lengthy spell on the bench of the highest court in the land. Continue reading

Share Button

Air and Water Under Threat as SCOTUS Targets Environmental Laws

“It seems like we have a new conservative supermajority on the court that is much more inclined to do a slash-and-burn expedition through our major environmental laws.”

By Julia Conley   Published 1-25-2022 by Common Dreams

Coastal Wetlands at Parker River National Wildlife Refuge in Newburyport, MA.
Ohoto: Kelly Fike/USFWS/flickr/CC

Environmental advocates and congressional Democrats are raising alarm after the U.S. Supreme Court this week agreed to hear arguments in two cases regarding bedrock regulations designed to protect the quality of the nation’s air and water.

The nine justices announced Monday that they plan to hear arguments in the case of an Idaho couple who were blocked from building a home on their land by the Clean Water Act. According to the Environmental Protection Agency (EPA), Chantell and Michael Sackett’s land contained wetlands and the couple needed a federal permit to build. Continue reading

Share Button

Progressives Demand Probe After Revelations About FBI Investigation of Kavanaugh

“Survivors deserve justice, and the country deserves to know the full truth of this situation, as well as the lengths the Trump administration was willing to go to cover up the truth.”

By Jessica Corbett, staff writer for Common Dreams. Published 7-22-2021

Protesters rally against Brett Kavanaugh outside the Supreme Court (Photo Phiend/flickr)

Rights groups and other progressives are demanding a probe of the FBI’s rushed and limited 2018 background investigation into U.S. Supreme Court Justice Brett Kavanaugh after seven Democratic senators on Thursday revealed new details about the bureau’s actions.

Kavanaugh was nominated to the court by former President Donald Trump and narrowly confirmed by GOP senators in October 2018, despite allegations of sexual assault, which Kavanaugh has denied. A newly released letter to lawmakers from the FBI sheds light on—but also raises more questions about—how the bureau handled its investigation of those allegations. Continue reading

Share Button

Trump’s Pennsylvania lawsuits invoke Bush v. Gore – but the Supreme Court probably won’t decide the 2020 election

Judges can intervene in elections, but the Supreme Court really prefers not to. Jantanee Phoolmas/Moment via Getty Images

Steven Mulroy, University of Memphis

The Trump campaign has filed two lawsuits in federal court over ballot counting and voting deadlines in Pennsylvania, threatening to take the election to the Supreme Court. Both consciously echo the two main legal theories of Bush v. Gore, the infamous Supreme Court case that decided the contested 2000 presidential election.

But this race is not likely to be decided by the Supreme Court.

There are several reasons, sitting at the intersection of law and politics, why the ghosts of Florida past won’t rise again in Pennsylvania. As a law professor who’s authored a book on election reform, I rate success in Trump’s efforts to wrench back Biden’s lead through litigation as a real long shot, though not out of the question. Continue reading

Share Button

As Trump Says ‘Must Have Vote Total’ on Nov. 3, Nearly 400 ‘Protect the Results’ Rallies Planned to Fight Election Night Theft

“We think the likelihood of activation is high,” the Protect the Results coalition says.

By Julia Conley, staff writer for Common Dreams. Published 10-27-2020

In the face of increasing signs that President Donald Trump will try to prematurely declare victory on Election Night next Tuesday—even before millions of valid mail-in and absentee ballots are counted—momentum is building for a massive grassroots counter-offensive across the country to make sure that every vote is counted and any effort by the GOP to steal the election is thwarted.

Less than two weeks after progressive advocacy groups Stand Up America and Indivisible announced that they, along with a coalition of 135 national and state organizations, are organizing “Protect the Results” demonstrations for Nov. 4, the number of planned events had more than doubled by Tuesday. Continue reading

Share Button

Court Requests Probe Into Whether McConnell Unethically Pressured Judge to Retire to Pave Way for His Unqualified Protégé

“Justin Walker’s nomination was already controversial, but this emerging investigation means an even darker cloud is hanging over his appointment. The hearing on Walker’s nomination should not go forward until we know the truth.”

By Jake Johnson, staff writer for Common Dreams. Published 5-5-2020

Justin Walker. Screenshot: Fox News

A federal court has requested an investigation into whether Senate Majority Leader Mitch McConnell unethically pressured a judge on the powerful U.S. Court of Appeals for the District of Columbia Circuit to retire to pave the way for the Kentucky Republican’s 38-year-old protégé Justin Walker, who is set for a confirmation hearing for the vacancy on Wednesday.

The New York Times reported late Monday that on May 1, Judge Sri Srinivasan—chief judge on the U.S. Court of Appeals for the D.C. Circuit—”asked Chief Justice John G. Roberts Jr. to assign another circuit to look into a complaint filed by the progressive advocacy group Demand Justice, which questioned the timing and circumstances of Judge Thomas B. Griffith’s retirement announcement in early March.” Continue reading

Share Button

‘We Should All Be Alarmed’: McConnell to Bring Senate Back Not to Fight Covid-19 But to Confirm More Trump Judges

“McConnell cares more about ushering his unqualified 38-year-old crony onto one of the country’s highest courts than about ensuring Americans’ health in the middle of a pandemic.”

By Jake Johnson, staff writer for Common Dreams. Published 4-30-2020

Justin Walker. Photo: PFAW

Democratic lawmakers and advocacy groups are accusing Senate Majority Leader Mitch McConnell of endangering the health of members of Congress and Capitol Hill employees for political gain as the Kentucky Republican presses forward with plans to reconvene the chamber next week for the sole purpose of confirming more right-wing judges—including his unqualified 38-year-old protégé.

“McConnell is calling the Senate back in, ignoring D.C.’s stay at home order, and putting thousands of Capitol employees at risk,” tweeted Sen. Chris Murphy (D-Conn.). “Not to do oversight of Trump’s pandemic response. Not to pass a new relief bill. But to ram through more conservative judges.” Continue reading

Share Button

‘This Is Despicable’: Not Even COVID-19 Pandemic Can Halt Trump’s Right-Wing Takeover of Federal Courts

Critics warn the president’s latest nominees for lifetime appellate court positions are both committed to the “deadly agenda” of overturning the entire Affordable Care Act.

By Jessica Corbett, staff writer for Common Dreams. Published 4-3-2020

President Donald J. Trump honors Senate Majority Leader Mitch McConnell during the federal judicial confirmation milestones event, Wednesday, Nov. 6, 2019, Photo: White House/flickr

As the coronavirus pandemic continued to ravage the United States this week, killing and infecting thousands while shuttering schools and businesses, President Donald Trump proceeded with his ongoing effort to shift the federal judiciary to the far-right by announcing a fresh pair of lifetime nominees to appellate courts.

Trump on Friday announced the nomination of U.S. District Judge Justin Walker to the U.S. Court of Appeals for the D.C. Circuit, following the president’s nomination on Monday of Mississippi Court of Appeals Judge Cory Wilson to the U.S. Court of Appeals for the Fifth Circuit. Continue reading

Share Button

After Supreme Court Agrees to Hear First Abortion Case With Gorsuch and Kavanaugh, Warnings Right-Wingers Could ‘Decimate’ Access in Louisiana

“We are counting on the court to follow its precedent; otherwise, clinics will needlessly close.”

By Jessica Corbett, staff writer for Common Dreams. Published 10-4-2019

A contested Louisiana law that requires abortion providers to have admitting privileges at local hospitals resembles a Texas law the U.S. Supreme Court struck down in 2016. (Photo: Jordan Uhl/Flickr/cc)

Reproductive rights groups on Friday emphasized the importance of legal precedent after the U.S. Supreme Court agreed to hear a case challenging an anti-choice Louisiana law—the court’s first abortion rights case since President Donald Trump’s appointees, Justices Neil Gorsuch and Brett Kavanaugh, joined the bench and shifted the court to the right.

Act 620, a 2014 Louisiana law that requires abortion providers to have admitting privileges at local hospitals, is similar to a Texas law the Supreme Court struck down in 2016. Such measures—which critics call “TRAP” (Targeted Regulation of Abortion Providers) laws—have become popular among right-wing legislatures trying to circumvent Roe v. Wade and restrict access to abortion care. Continue reading

Share Button