Tag Archives: Neil Gorsuch

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

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 →

Unlike US, Europe picks top judges with bipartisan approval to create ideologically balanced high courts

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David Orentlicher, University of Nevada, Las Vegas

Filling Justice Ruth Bader Ginsburg’s seat on the Supreme Court immediately sparked a bitter partisan fight.

But choosing judges for the nation’s highest court doesn’t have to be so polarizing.

In some European countries, judicial appointments are designed to ensure the court’s ideological balance, and the entire process, from nomination to confirmation, is generally not seen as partisan. By choice and by law, high court justices in those places work together to render consensus-based decisions. Continue reading →

Prohibited From Holding Police Officer to Account, Federal Judge Calls on Supreme Court to Overturn ‘Qualified Immunity’

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“Those who violate the constitutional rights of our citizens must be held accountable. When that day comes we will be one step closer to that more perfect Union.”

By Julia Conley, staff writer for Common Dreams. Published 8-7-2020

Image: change.org

Handing down a ruling to dismiss a civil lawsuit which alleged a police officer violated a Black man’s Fourth Amendment rights during a traffic stop in 2013, a federal judge in Mississippi made clear that he sided with the plaintiff—and demanded the U.S. Supreme Court overturn legal precedent that makes it nearly impossible for the judicial system to hold officers accountable for rights violations.

Calling for an end to qualified immunity, which dates back to a 1982 ruling and shields police from civil liability in most cases, U.S. District Court Judge Carlton Reeves turned his ruling into a plea for justice for plaintiff Clarence Jamison as well as countless other Black Americans who have faced violent abuse and deadly use of force by officers. Continue reading →

After Supreme Court Agrees to Hear First Abortion Case With Gorsuch and Kavanaugh, Warnings Right-Wingers Could ‘Decimate’ Access in Louisiana

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“We are counting on the court to follow its precedent; otherwise, clinics will needlessly close.”

By Jessica Corbett, staff writer for Common Dreams. Published 10-4-2019

A contested Louisiana law that requires abortion providers to have admitting privileges at local hospitals resembles a Texas law the U.S. Supreme Court struck down in 2016. (Photo: Jordan Uhl/Flickr/cc)

Reproductive rights groups on Friday emphasized the importance of legal precedent after the U.S. Supreme Court agreed to hear a case challenging an anti-choice Louisiana law—the court’s first abortion rights case since President Donald Trump’s appointees, Justices Neil Gorsuch and Brett Kavanaugh, joined the bench and shifted the court to the right.

Act 620, a 2014 Louisiana law that requires abortion providers to have admitting privileges at local hospitals, is similar to a Texas law the Supreme Court struck down in 2016. Such measures—which critics call “TRAP” (Targeted Regulation of Abortion Providers) laws—have become popular among right-wing legislatures trying to circumvent Roe v. Wade and restrict access to abortion care. Continue reading →

After Supreme Court decision, gerrymandering fix is up to voters

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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 →

As GOP Deploys ‘Nuclear Option’, New Reports Detail Damage Done By Trump’s Far-Right Takeover of Judiciary

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“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 →

Virginia’s uranium mining battle flips traditional views of federal and state power

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File 20190108 32136 yfeb74.jpg?ixlib=rb 1.1

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 →

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

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“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 →

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

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“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 →

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

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“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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Tag Archives: Neil Gorsuch

Unlike US, Europe picks top judges with bipartisan approval to create ideologically balanced high courts

After Supreme Court Agrees to Hear First Abortion Case With Gorsuch and Kavanaugh, Warnings Right-Wingers Could ‘Decimate’ Access in Louisiana

“We are counting on the court to follow its precedent; otherwise, clinics will needlessly close.”

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.”

Virginia’s uranium mining battle flips traditional views of federal and state power