Tag Archives: Neil Gorsuch

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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Landmark Youth Climate Suit Moves Ahead as Supreme Court Rejects Trump Admin. Request to Halt It

“The youth of our nation won an important decision”

By Andrea Germanos, staff writer for Common Dreams. Published 11-3-2018

Supporters of the youthful plaintiffs in the case rally outside the 9th Circuit Court of Appeals on Oct. 29, 2018. (Photo: Peg Hunter/flickr/cc)

The nation’s top court on Friday turned down the Trump administration’s latest attempt to put the brakes on a landmark lawsuit brought by a group of young people who charge that the federal government has violated their constitutional rights by actively causing climate instability.

“The youth of our nation won an important decision,” said Julia Olson, executive director and chief legal counsel of Our Children’s Trust and co-counsel for the youth plaintiffs. She said the finding by the U.S. Supreme Court “shows even the most powerful government in the world must follow the rules and process of litigation in our democracy.” Continue reading

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#MidtermsBeforeSCOTUS Takes Off as Democrats Told to ‘Stiffen Their Spines

“Here it is, plain and simple. McConnell set the rule. Now, he and Senate Republicans need to follow it.”

By Jake Johnson, staff writer for Common Dreams. Published 6-27-2018

Screenshot: ABC News

“Mitch McConnell should follow the Mitch McConnell rule. Let the American people have a say when women’s health and equal rights are on the line.”

As the #MidtermsBeforeSCOTUS hashtag began to take off on Wednesday, that was how Sen. Elizabeth Warren (D-Mass.) responded to the news that Supreme Court Justice Anthony Kennedy is retiring, a move that gives President Donald Trump the chance to nominate a second ultra-conservative justice and push the high court even further to the right.

The “McConnell rule” Warren cites is Senate Majority Leader Mitch McConnell’s infamous 2016 declaration that no Supreme Court justice can be confirmed during an election year—a completely fabricated directive that allowed McConnell to steal a high court pick from former President Barack Obama. Continue reading

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#EndTheLies: Abortion Rights Advocates Slam All-Male Majority’s SCOTUS Ruling on Fake Women’s Health Centers

“They claim it’s a free speech issue but they have no problem forcing doctors to lie to women seeking abortion with medically inaccurate information that even many doctors oppose.”

By Julia Conley, staff writer for Common Dreams. Published 6-26-2018

Photo: SFGate/Twitter

Demanding unlicensed anti-choice health centers “stop the lies” they tell women who are facing unwanted pregnancy, reproductive rights advocates on Tuesday railed against the U.S. Supreme Court’s 5-4 decision in which the majority ruled that so-called “crisis pregnancy centers” can withhold crucial health-related information from patients.

“Fake” health centers were able to secure their victory thanks to the “stolen seat” inhabited by Justice Neil Gorsuch, noted groups including NARAL Pro-Choice America.

“Five male Supreme Court justices gave crisis pregnancy centers the right to lie to women today,” said Heidi Hess, CREDO Action co-director, in a statement. “Rather than affirm women’s right to control their bodies and their lives, the Court voted to control women, and to set the stage for even more attacks on our reproductive rights.” Continue reading

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‘Terrible News for Workers’ as Supreme Court Makes It Harder for Them to Fight Back When ‘Screwed’ by Employer

Justice Ruth Bader Ginsburg says decision allowing forced arbitration clauses is ‘egregiously wrong’

By Andrea Germanos, staff writer for Common Dreams. Published 5-21-2018

With forced arbitration agreements, “a worker who is not paid fairly, discriminated against, or sexually harassed, is forced into a process that overwhelmingly favors the employer—and forced to manage this process alone, even though these issues are rarely confined to one single worker,” write EPI’s Celine McNicholas. (Photo: Ron Cogswell/flickr/cc)

The U.S. Supreme Court on Monday dealt a blow to worker rights, saying that employers can bar their employees from banding together to challenge workplace abuses including wage theft and sexual harassment.

MSNBC host and legal analyst Ari Melber summed up the 5-4 decision (pdf) by tweeting: “Supreme Court rules that you have the right to your day in court, unless a corporation effectively makes you give up that right.” Continue reading

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Protests and Outrage as Gorsuch Headlines Event at Trump Hotel

Luncheon speech at president-owned luxury hotel decried as “inconsistent with judicial independence and integrity.”

By Jake Johnson, staff writer for Common Dreams. Published 9-28-2017

“Neil Gorsuch knows where his bread is buttered,” notes Ian Millhiser of ThinkProgress. (Photo: Cleanup Carl/Twitter)

Protestors gathered outside Trump International Hotel in Washington Thursday as Supreme Court Justice Neil Gorsuch delivered the keynote speech at an event hosted by a right-wing advocacy group—a move critics argued crosses fundamental ethical boundaries, given that the venue is currently the subject of numerous emoluments lawsuits that could soon reach the Trump-appointed judge’s desk.

“By headlining this event, Gorsuch will personally enrich the very man who appointed him to his lofty position,” notes Ian Millhiser of ThinkProgress. “And he will enable the very mechanism that allows Trump to profit off the presidency.” Continue reading

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‘Downright Unconstitutional’: Gorsuch Slammed for Headlining Event at Trump Hotel

Especially as many Trump decisions are likely soon to reach the court’s docket, a healthy respect for public confidence in the court should have led Justice Gorsuch to demur.”

By Jake Johnson, staff writer for Common Dreams. Published 8-20-2017

Anthony M. Kennedy, Associate Justice of the Supreme Court of the United States, swears in Supreme Court Justice Neil M. Gorsuch on Monday, April 10, 2017, in the Rose Garden of the White House in Washington, D.C. Photo: Public domain

In what critics are calling a blatant violation of “basic ethical principles about conflicts of interest,” Trump-appointed Supreme Court Justice Neil Gorsuch has reportedly agreed to headline the “Defending Freedom Luncheon” next month at the Trump International Hotel, which is the subject of numerous lawsuits that could eventually reach the nation’s highest court.

Legal experts immediately sounded alarm upon learning that Gorsuch is set to be the featured speaker at the event, which is hosted by the conservative group The Fund for American Studies. Continue reading

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The Supreme Court, religion and the future of school choice

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The Supreme Court’s decision in the Trinity Lutheran case is blurring the lines between church and state. aradaphotography/Shutterstock.com

John E. Taylor, West Virginia University

The Supreme Court recently decided that Trinity Lutheran Church should be eligible for a Missouri state grant covering the cost of recycled playground surfaces. Though the state originally rejected the church’s application on grounds of separation of church and state, the Supreme Court ruled that this rejection was, in fact, religious discrimination.

The case’s impact will probably reach well beyond playgrounds.

As a scholar of education law, I’ve been following the Trinity Lutheran case and what it could mean for the hottest issue in education: school choice. Where in the past states have decided for themselves whether religious schools are eligible for school vouchers and scholarship tax credits, the Trinity Lutheran decision likely signals that the Supreme Court will soon require states to include religious private schools in their programs. Continue reading

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With Nation’s Attention Elsewhere, Trump Quietly Intensifies War on Workers

Trump has nominated two corporate lawyers to the NLRB as Supreme Court Justice Neil Gorsuch gears up to rule on a key labor case

By Jake Johnson, staff writer for Common Dreams. Published 6-28-2017

If Trump’s nominees are confirmed by the Senate, Republicans will control the NLRB for the first time in nearly a decade. (Photo: AFSCME/Twitter)

In a little-discussed move that could spell disaster for unions and workers in the near future and over the long-term, President Donald Trump on Tuesday night announced the nomination of William Emanuel—a lawyer for a firm that represents large corporations—to fill a vacant seat on the National Labor Relations Board (NLRB).

Emanuel, as Reuters noted, is a member of the Federalist Society, an ultra-right-wing group of lawyers and donors that has been credited with producing the list of possible Supreme Court nominees the Trump administration flaunted during his presidential campaign.

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