Tag Archives: Neil Gorsuch

US Supreme Court Puts Chevron Doctrine ‘Squarely In the Crosshairs’

One legal expert said that overturning the nearly 40-year precedent “would lead to far more judicial power grabs.”

By Brett Wilkins. Published 5-1-2023 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

The U.S. Supreme Court said Monday it will hear a challenge to a nearly 40-year administrative law precedent under which judges defer to federal agencies’ interpretation of ambiguous statutes—a case that legal experts warn could result in judicial power grabs and the gutting of environmental and other regulations.

The Supreme Court said it will take up Loper Bright Enterprises v. Raimondo—a case in which fishing companies are seeking to strike down the Chevron doctrine, named after the landmark 1984 Chevron USA v. Natural Resources Defense Council ruling that conservatives have long sought to overturn. The case is one of the most cited precedents in administrative law.

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John Roberts’ Wife Made Millions From Elite Law Firms, Major Companies: Whistleblower Docs

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“It almost makes you wonder whether the Supreme Court of the United States is suffering a massive, systemic ethics crisis,” said one critic.

By Julia Conley. Published 4-28-2023 by Common Dreams

Swearing in of Supreme Court Chief Justice John Roberts. Photo: George W. Bush White House Archives

A whistleblower from the legal recruiting firm Major, Lindsey & Africa says Jane Sullivan Roberts, the wife of U.S. Supreme Court Chief Justice John Roberts, earned $10.3 million in commissions over seven years from her job as a headhunter at the company, where she placed attorneys with law firms—including at least one that argued a case before the Supreme Court after the placement was made.

Sullivan Roberts earned the money between 2007 and 2014, having taken a job with the company two years after her husband was confirmed to the Supreme Court, according to a report out Friday from Business Insider.

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Walkouts Underway in Virginia Against Youngkin’s Attack on Trans Students

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“It is shameful to pin your political hopes on your willingness to harm an already marginalized group of kids,” said one critic of the Republican governor’s plan to roll back transgender students’ rights.

By Brett Wilkins Published 9-27-2022 by Common Dreams

Virginia students participate in a September 27, 2022 commonwealth-wide walkout in protest of a proposed rollback of transgender student rights by Republican Gov. Glenn Youngkin. (Photo: Pride Liberation Project/Twitter)

Thousands of high school students walked out of classrooms across Virginia on Tuesday to protest a plan by Republican Gov. Glenn Youngkin that critics say aims to repress transgender youth amid growing nationwide GOP-led attacks on LGBTQ+ rights.

Chanting “trans rights are human rights,” “DOE, let us be,” and other slogans, students at scores of schools took part in demonstrations calling for the rejection of model Virginia Department of Education policies proposed earlier this month by Youngkin that, if approved, would force schools to categorize pupils according to scientifically dubious notions of “biological sex.” Continue reading →

‘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 →

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

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“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 →

‘Endangers Us All’: Supreme Court Ruling Shields Border Agent From Excessive Force Lawsuit

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The ruling leaves thousands of Border Patrol agents “absolutely immunized from liability,” said Justice Sonia Sotomayor, “no matter how egregious the misconduct or resultant injury.”

By Julia Conley Published 6-9-2022 by Common Dreams

ERO Cross Check 2017. Photo: ICE/flickr/public domain

A ruling by the right-wing majority on the U.S. Supreme Court Wednesday “will have far-reaching consequences” for people who accuse federal agents of violating their constitutional rights, the ACLU warned after the court ruled against a man who wanted to sue a U.S. Border Patrol agent who entered his property without a warrant and used excessive force.

The court ruled 6-3 in Egbert v. Boule that Congress must decide whether the plaintiff can sue the government over the alleged violation of his rights—a decision which Justice Sonia Sotomayor wrote in her dissenting opinion threatens to block nearly all civil suits against federal agents. Continue reading →

In ‘Momentous’ Ruling, Supreme Court Rejects GOP Voting Maps

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While North Carolina and Pennsylvania will use evenly-split electoral maps for the midterm elections, the court’s right-wing majority appeared eager to rule further on whether state courts can reject partisan maps.

By Julia Conley. Published 3-8-2022 by Common Dreams

A rally to end gerrymandering outside the Supreme Court on 3/26/19. Photo: Victoria Pickering/flickr/CC

Voting rights advocates in North Carolina and Pennsylvania celebrated a victory late Monday after the U.S. Supreme Court rejected district maps that had been approved by Republican-led state legislatures and that critics said would give the GOP an unfair advantage in the midterm elections.

The ruling will allow voters in the two states “to vote in free and fair congressional elections this year,” Stanton Jones, an attorney who represented voting rights groups that challenged North Carolina’s gerrymandered map, told the New York Times. Continue reading →

‘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 →

The Supreme Court could hamstring federal agencies’ regulatory power in a high-profile air pollution case

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*Coal piles outside of PacifiCorp’s Hunter power plant in Castle Dale, Utah.*
*George Frey, AFP, via Getty Images*

Albert C. Lin, University of California, Davis

On Feb. 28, 2022, the U.S. Supreme Court will hear oral arguments in West Virginia v. EPA, a case that centers on the U.S. Environmental Protection Agency’s authority to regulate greenhouse gas emissions that drive climate change. How the court decides the case could have broad ramifications, not just for climate change but for federal regulation in many areas.

This case stems from actions over the past decade to reduce greenhouse gas emissions from power plants, a centerpiece of U.S. climate change policy. In 2016, the Supreme Court blocked the Obama administration’s Clean Power Plan, which was designed to reduce these emissions. The Trump administration repealed the Clean Power Plan and replaced it with the far less stringent Affordable Clean Energy Rule. Various parties challenged that measure, and a federal court invalidated it a day before Trump left office. Continue reading →

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

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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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Tag Archives: Neil Gorsuch

US Supreme Court Puts Chevron Doctrine ‘Squarely In the Crosshairs’

One legal expert said that overturning the nearly 40-year precedent “would lead to far more judicial power grabs.”

‘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.”

The Supreme Court could hamstring federal agencies’ regulatory power in a high-profile air pollution case