Tag Archives: Brett Kavanaugh

Supreme Court Rejects Bid by API, Exxon, and Koch to Kill Climate Case

“Big Oil companies will continue fighting to escape justice, but for the third time in a year, the U.S. Supreme Court has denied their desperate pleas,” said one campaigner.

By Jessica Corbett. Published 1-8-2024 by Common Dreams

The Pine Bend oil refinery in Rosemount, Minnesota, run by Flint Hills Resources, a subsidiary of Koch Industries. Photo: Tony Webster/Wikimedia Commons/CC

For the third time in less than a year, the U.S. Supreme Court on Monday allowed a key case against the fossil fuel industry to proceed in state court, delivering a win for the movement to make polluters pay for driving the climate emergency.

“This decision is another step forward for Minnesota’s efforts to hold fossil fuel giants accountable for their climate lies and the harm they’ve caused,” said Center for Climate Integrity president Richard Wiles, pointing to the previous denials of other cases last April and May.

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In ‘Victory for Voting Rights,’ Federal Judges Adopt New Alabama Congressional Map

“Today’s order means for the first time, Black voters in two congressional districts will have an opportunity to elect a candidate of their choice,” said the head of the state’s ACLU branch.

By Brett Wilkins. Published 10-5-2023 by Common Dreams

Photo: Black Voters Matter

Following a U.S. Supreme Court ruling and Alabama Republicans’ open defiance of a federal tribunal’s order to reconfigure the state’s racially gerrymandered congressional districts, a three-judge panel on Thursday adopted a new map that will be used in the 2024 elections.

Proponents hailed the ruling by U.S. Circuit Judge Stanley Marcus, District Judge Anna Manasco, and District Judge Terry Moore as a win for democracy. The move creates a second “opportunity district” where voters will have a fighting chance to elect a second Black member of Congress for the first time since Reconstruction.

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‘Huge Win for Tribes’ as US Supreme Court Preserves Indian Child Welfare Act

“By ruling on the side of children’s health and safety, the U.S. Constitution, and centuries of precedent, the justices have landed on the right side of history,” said one Cherokee chief.

By Brett Wilkins. Published 6-15-2023 by Common Dreams

Photo: Native News Online

In what one chief called “a major victory” for Native American tribes, the United States Supreme Court on Thursday upheld a federal law enacted to protect Indian children from being separated from their families.

The justices’ 7-2 decision in Haaland v. Brackeen leaves intact the Indian Child Welfare Act (ICWA), a 1978 law passed in response to over a century of Native American children being taken from their relatives and often placed in state or religious institutions or with white families.

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Right-Wing US Supreme Court Delivers ‘Catastrophic Loss for Water Protections’

The court “ripped the heart out of the law we depend on to protect American waters and wetlands,” said one critic, warning that the ruling “will cause incalculable harm.”

By Jessica Corbett. Published 5-25-2023 by Common Dreams

Blackwater National Wildlife Refuge, Cambridge, MD. USEPA Photo by Eric Vance. Public domain image

The U.S. Supreme Court’s right-wing majority on Thursday severely curtailed protections for “waters of the United States.”

The decision in Sackett v. Environmental Protection Agency (EPA) is “unanimous in result but very split in reasoning,” explained Slate‘s Mark Joseph Stern. “The upshot of Sackett is that, by a 5–4 vote, the Supreme Court dramatically narrows” which wetlands are covered by the Clean Water Act (CWA).

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US Supreme Court’s Blow to Big Oil ‘Should Open the Floodgates for More Lawsuits’

“The high court’s decision is a major victory for communities across the country that are fighting to hold Big Oil accountable and make them pay for the climate damages they knowingly caused,” said one advocate.

By Jessica Corbett. Published 4-24-2023 by Common Dreams

Photo: Felton Davis/flickr/CC

Campaigners and frontline communities celebrated Monday after the U.S. Supreme Court declined to hear five appeals from major fossil fuel companies hoping to shift climate liability cases from state to federal court, where polluters are more likely to prevail.

“Big Oil companies have been desperate to avoid trials in state courts, where they will be forced to defend their climate lies in front of juries, and today the Supreme Court declined to bail them out,” said Center for Climate Integrity president Richard Wiles.

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‘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

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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

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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

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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

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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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