Tag Archives: Elena Kagan

‘Gift to Corporate Greed’: Dire Warnings as Supreme Court Scraps Chevron Doctrine

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“Make no mistake—more people will get sick, injured, or die as a result of today’s decision,” said one advocate.

By Jake Johnson. Published 6-28-2024 by Common Dreams

The Supreme Court. Photo: Public Domain

The U.S. Supreme Court’s conservative supermajority delivered corporate polluters, anti-abortion campaigners, and other right-wing interests a major victory Friday by overturning the so-called Chevron doctrine, a deeply engrained legal precedent whose demise could spell disaster for public health and the climate.

The high court’s 6-3 ruling along ideological lines in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce significantly constrains the regulatory authority of federal agencies tasked with crafting rules on a range of critical matters, from worker protection to the climate to drug safety.

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US Supreme Court Accused of ‘Full-On Gutting of the Equal Protection Clause’

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The right-wing majority’s ruling in South Carolina case will make it “nearly impossible for any plaintiff to prove racial gerrymandering in court,” said one legal expert.

By Julia Conley Published 5-23-2024 by Common Dreams

Activists gather outside the U.S. Supreme Court for oral arguments in the Alexander v. South Carolina Conference of the NAACP gerrymandering case in Washington on Wednesday, Oct. 11, 2023. (Bill Clark/CQ Roll Call)

Upholding a district map that was previously found by a lower court to be unconstitutional due to its racially gerrymandered boundaries, the U.S. Supreme Court’s right-wing majority demonstrated on Thursday that it is “a MAGA Court,” according to one advocate for judicial reform.

In a 6-3 decision along partisan lines, with Justice Samuel Alito writing the majority opinion, the court ruled in favor of a South Carolina district map which was drawn by the GOP-controlled state legislature and moved 30,000 Black voters from the state’s 1st District to the 6th District.

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Liberal Justices Grill Attorney in Supreme Court Case on Criminalizing Homelessness

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“Where are they supposed to sleep? Are they supposed to kill themselves not sleeping?” asked Justice Sonia Sotomayor of unhoused people who have been barred from sleeping outside in Grants Pass, Oregon.

By Julia Conley. Published 4-21-2024 by Common Dreams

Grants Pass homeless encampment. Screenshot: 5NEWS

As housing rights advocates and people who have been unhoused themselves rallied outside the U.S. Supreme Court Monday to demand an end to the criminalization of homelessness, the court’s three liberal justices demanded to know how the city of Grants Pass, Oregon can penalize residents who take part in an act necessary for human survival—sleeping—just because they are forced to do so outside.

After an attorney representing Grants Pass, Thomas Evangelis, described sleeping in public as a form of “conduct,” Justice Elena Kagan disputed the claim and reminded Evangelis that he was presenting a legal argument in favor of policing “a biological necessity.”

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US Supreme Court Lets Texas Enforce ‘Unconstitutional and Extreme’ Border Law

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“Allowing this law to be implemented as the case makes its way through the legal process needlessly puts people’s lives at risk,” said one campaigner. “We remain committed to the fight to permanently overturn S.B. 4.”

By Jessica Corbett. Published 3-19-2024 by Common Dreams

Migrants who crossed the border illegally, surrender near El Paso, TX U.S. Customs and Border Protection photo by Mani Albrecht

Rights advocates on Tuesday blasted the conservative majority of the U.S. Supreme Court for allowing Texas to enforce Senate Bill 4, a contested law empowering local and state authorities to arrest and deport undocumented immigrants.

“Today’s decision is disappointing and threatens the integrity of our nation’s immigration laws and bedrock principles of due process,” said Anand Balakrishnan, senior staff attorney at the ACLU’s Immigrants’ Rights Project. “But it is only preliminary and turned on the specific posture of the case. We’ll continue to fight against S.B. 4 until it is struck down once and for all.”

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‘This Is Madness’: Supreme Court Denies Solitary Confinement Appeal

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Rep. Cori Bush, who is leading the End Solitary Confinement Act, argues that “we are using taxpayer money to torture people.”

By Brett Wilkins. Published 11-15-2023 by Common Dreams

Photo: Matthew Thompson/flickr/CC

The U.S. Supreme Court’s three liberal justices issued a scathing dissent this week as the tribunal’s right-wing supermajority rejected the appeal of an Illinois inmate with mental illness imprisoned in solitary confinement without access to fresh air for three straight years.

The nation’s high court declined to hear the appeal of Michael Johnson, an inmate at Pontiac Correctional Center northeast of Peoria, whose attorneys argued he was being subjected to unconstitutional “cruel and unusual punishment” as he was deprived of fresh air and outdoor exercise while enduring horrific conditions in a tiny, filthy cell.

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Biden DOJ Supporting Rail Giant Norfolk Southern’s Effort to Block Future Lawsuits

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If the U.S. Supreme Court sides with the company behind the East Palestine disaster, workers and consumers could have less freedom to sue corporations.

By Kenny Stancil.  Published 2-17-2023 by Common Dreams

Attorney General Merrick Garland. Screenshot: Department of Justice

Norfolk Southern—the railroad giant whose train derailed and caused a toxic chemical fire in a small Ohio town earlier this month—has asked the U.S. Supreme Court to throw out a 2017 lawsuit filed by a cancer-afflicted former rail worker, and the Biden administration is siding with the corporation, fresh reporting from The Lever revealed Thursday.

If the high court, dominated by six right-wing justices, rules in favor of Norfolk Southern, it could be easier for the profitable rail carrier to block pending and future lawsuits, including from victims of the ongoing disaster in East Palestine. Moreover, it “could create a national precedent limiting where workers and consumers can bring cases against corporations,” wrote two of the investigative outlet’s reporters, Rebecca Burns and Julia Rock. Continue reading →

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‘Payoff for 40 Years of Dark Money’: Supreme Court Delivers for Corporate America

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“It was the conservative court’s larger agenda to gut the regulatory state and decimate executive powers to protect Americans’ health and safety,” warned one expert.

By Jake Johnson  Published 7-1-2022 by Common Dreams

The interior of the United States Supreme Court. Photo: Phil Roeder/CC

Over the past several decades, corporate lawyers, right-wing activists, Republican officials, and dark money groups with deep pockets have been laying the groundwork for a far-reaching legal assault on the federal government’s ability to regulate U.S. industry—including the oil and gas sector threatening the planet.

On Thursday, their investments bore major fruit.

In a 6-3 decision along ideological lines, a Supreme Court packed with right-wing judges handpicked and boosted by some of the same forces leading the yearslong crusade against the power of regulatory agencies—which conservatives often dub the “administrative state”—dramatically restricted the Environmental Protection Agency’s authority to rein in greenhouse gas pollution from power plants. Continue reading →

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Supreme Court Ruling Turns Separation of Church and State Into ‘Constitutional Violation,’ Warns Sotomayor

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“We are witnessing one of the most extreme Supreme Courts in modern history rewrite the most basic social commitments of our society,” said the head of one of the nation’s largest teachers unions.

By Julia Conley  Published 6-21-2022 by Common Dreams

United States Supreme Court Justice Sonia Sotomayor speaking to attendees at the John P. Frank Memorial Lecture at Gammage Auditorium at Arizona State University in Tempe, Arizona. in 2017. Photo: Gage Skidmore/flickr/CC

U.S. Supreme Court Justice Sonia Sotomayor on Tuesday warned that the court’s right-wing majority had further eroded the nation’s bedrock laws separating church and government when it ruled that Maine must include religious schools in a state-run tuition program.

“Today, the court leads us to a place where separation of church and state becomes a constitutional violation,” wrote Sotomayor in the minority’s dissent of the 6-3 decision. Continue reading →

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Kagan Pens Scathing Dissent as Supreme Court Kills Another Campaign Finance Rule

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“In allowing those payments to go forward unrestrained, today’s decision can only bring this country’s political system into further disrepute,” wrote Justice Elena Kagan.

By Jake Johnson  Published 5-16-2022 by Common Dreams

U.S. Senator Ted Cruz speaking with attendees at the 2019 Teen Student Action Summit hosted by Turning Point USA at the Marriott Marquis in Washington, D.C. Photo: Gage Skidmore.flickr/CC

In a decision Monday that liberal Justice Elena Kagan warned will further corrupt the nation’s money-dominated political system, the U.S. Supreme Court’s right-wing majority struck down a campaign finance regulation limiting federal candidates’ ability to use campaign funds to repay personal loans.

Established by the Bipartisan Campaign Reform Act of 2002, the rule barred candidates from using more than $250,000 in campaign funds collected after an election to recoup their loans to their own campaign. Continue reading →

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‘Disgraceful’: Supreme Court Sides With Hiding CIA Torture

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“Basically, the Supreme Court has allowed the CIA to decide what can be said in court about the torture of prisoners in CIA black sites.”

By Jessica Corbett.  Published 3-3-2022 by Common Dreams

Demonstrators hold a sign that says “Torture Is Wrong” at a rally outside the U.S. Supreme Court in 2007. (Photo: takomabibelot/flickr/cc)

Human rights advocates on Thursday sharply condemned the Supreme Court’s decision that the U.S. government can block the testimony of two former Central Intelligence Agency contractors for a Polish criminal investigation into the torture of a Guantánamo Bay detainee.

“Basically, the Supreme Court has allowed the CIA to decide what can be said in court about the torture of prisoners in CIA black sites,” tweeted Jameel Jaffer, director of the Knight First Amendment Institute at Columbia University. “It’s really a disgraceful abdication of responsibility.” Continue reading →

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