Tag Archives: Brett Kavanaugh

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

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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

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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

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‘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

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‘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

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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

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After Supreme Court decision, gerrymandering fix is up to voters

The Supreme Court is empty days before the justices vote to on the U.S. gerrymandering case. AP Photo/J. Scott Applewhite

 

John Rennie Short, University of Maryland, Baltimore County

In a 5-4 decision the Supreme Court has ruled that partisan gerrymandering is not unconstitutional.

The majority ruled that gerrymandering is outside the scope and power of the federal courts to adjudicate. The issue is a political one, according to the court, not a legal one.

“Excessive partisanship in districting leads to results that reasonably seem unjust,” wrote Chief Justice John Roberts in the majority decision. “But the fact that such gerrymandering is incompatible with democratic principles does not mean that the solution lies with the federal judiciary.” Continue reading

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As Supreme Court’s Right-Wing Justices Indicate Siding With Trump, Opponents Denounce ‘Bald-Faced Attempt to Racially Rig’ US Census

“This case isn’t just about a line on a form. It’s about whether or not everyone in America counts.”

By Julia Conley, staff writer for Common Dreams. Published 4-23-2019

Demonstrators gathered outside the U.S. Supreme Court Tuesday as the court heard arguments regarding the Trump administration’s attempt to add a citizenship question to the U.S. census. (Photo: @CensusCounts/Twitter)

Civil rights advocates decried the Trump administration’s attack on immigrant rights and marginalized communities Tuesday as the Supreme Court heard arguments regarding the potential addition of a citizenship question to the 2020 census.

The nation’s highest court began deliberating Commerce vs. New York, hearing from a number of rights groups who oppose Commerce Secretary Wilbur Ross’s effort to add the question, “Is this person a citizen of the United States?” to the 10-year survey of all U.S. residents. Continue reading

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As GOP Deploys ‘Nuclear Option’, New Reports Detail Damage Done By Trump’s Far-Right Takeover of Judiciary

“In just under two years on the bench, these narrow-minded elitist judges have already harmed workers, consumers, voters, immigrants, reproductive rights, and many more.”

By Julia Conley, staff writer for Common Dreams. Published 4-3-2019

Mitch McConnell, Brett Kavanaugh, Mike Pence and Jon Kyl before Kavanaugh’s confirmation hearings. Photo: Office of the Vice President [Public domain], via Wikimedia Commons

As Senate Republicans rammed through a rules change enabling faster approval of President Donald Trump’s judicial nominees, two advocacy groups released reports on Wednesday showing the far-reaching and long-lasting damage his confirmed federal judges have already had on the nation.

People for the American Way (PFAW) and Alliance for Justice (AFJ) both published studies Wednesday about Trump’s success in appointing 92 judges to district courts, federal appeals courts, and the U.S. Supreme Court—with PFAW writing that the president’s effort to remake the judicial branch in his own image could be disastrous for a number of marginalized groups. Continue reading

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Virginia’s uranium mining battle flips traditional views of federal and state power

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The Supreme Court is likely to rule on the case by June. AP Photo/J. Scott Applewhite

Cale Jaffe, University of Virginia

The Supreme Court will decide in 2019 whether a Virginia law that bans uranium mining is preempted by the Atomic Energy Act, the U.S. law governing the processing and enrichment of nuclear material.

The case, Virginia Uranium, Inc. v. Warren, will require the court to interpret laws governing nuclear fuel production. But its most significant, long-term impact might be the glimpse it provides into the court’s view of the proper balance between federal regulatory power and the rights of states in setting their own policies. Continue reading

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