Tag Archives: Elena Kagan

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

“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

“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

“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

“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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US Supreme Court Upholds ‘Pay-to-Vote Scheme,’ Allowing Florida to Impose Poll Tax on Those With Felony Convictions

“This Court’s order prevents thousands of otherwise eligible voters from participating in Florida’s primary election simply because they are poor,” said Justice Sonia Sotomayor in her dissent.

By Julia Conley, staff writer for Common Dreams. Published 7-16-2020

Screenshot: MSNBC

The voting rights of hundreds of thousands of former felons in Florida were called into question Thursday after the U.S. Supreme Court allowed a lower court ruling to stand, permitting the state to bar former inmates from voting if they owe court fees or fines.

The decision relates to Amendment 4, a law that overwhelmingly passed in November 2018 via a referendum. Sixty-five percent of Florida voters approved of the amendment, which said former felons can vote in the state after they have completed “all terms of [their] sentence.” 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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Fears for Roe V. Wade After Supreme Court Issues Decision Overruling a 40-Year Precedent

“Today’s decision can only cause one to wonder which cases the Court will overrule next,” wrote Justice Bryer in dissent

By Andrea Germanos, staff writer for Common Dreams. Published 5-13-2019

“Hard not to read this as a veiled warning about Roe v. Wade,” tweeted law professor Nicholas Bagley of the new ruling. (Photo: Phil Roeder/Flickr/cc)

The U.S. Supreme Court’s liberal justices sounded alarm on Monday after the court issued a ruling overturning a four decades-old precedent.

“Today’s decision can only cause one to wonder which cases the Court will overrule next,” Justice Bryer wrote in his dissent (pdf), in which Justices Ginsburg, Sotomayor, and Kagan joined.

Some observers expressed fear one of the those cases could be Roe v. Wade. 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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Virginia’s uranium mining battle flips traditional views of federal and state power

File 20190108 32136 yfeb74.jpg?ixlib=rb 1.1

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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Demanding End to ‘Unprecedented’ Secrecy, Senators Say Kavanaugh May Have Perjured Himself About Role in Post-9/11 Torture Program

“Release documents from Judge Kavanaugh’s time in the White House in the same manner as was done for all previous Supreme Court nominees. The truth should not be hidden from the Senate or the American people.”

By Jessica Corbett, staff writer for Common Dreams. Published 8-17-2018

Then-President George W. Bush looks on as Justice Anthony Kennedy swears in Brett Kavanaugh to the U.S. Court of Appeals for the District of Columbia on June 1, 2006. (Photo: Eric Draper/White House)

Three Senate Democrats on the Judiciary Committee claimed Thursday that documents suggest “wildly unpopular” U.S. Supreme Court nominee Brett Kavanaugh lied to lawmakers about his role in the George W. Bush administration’s torture program during his 2006 confirmation hearing to serve on the U.S. Court of Appeals for the District of Columbia Circuit.

Ben Wikler, Washington director of MoveOn.org—one of the groups leading the #StopKavanaugh effort that has grown out of concerns about Kavanaugh’s record on reproductive rights, the environmenthuman rightslabor, healthcare, and net neutrality—tweeted: Continue reading

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