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 →
Constitutional law experts on Friday endorsed a bill that would create 18-year term limits for U.S. Supreme Court Justices. (Photo: Matt Wade/flickr/cc)
Over two dozen constitutional law experts on Friday endorsed legislation recently introduced by a trio of House Democrats that would establish 18-year term limits for U.S. Supreme Court justices.
The endorsement letter (pdf) signed by professors and scholars across the country, along with a former U.S. senator and a former chief justice of the Utah Supreme Court, comes as the Senate GOP is trying to confirm right-wing Judge Amy Coney Barrett, President Donald Trump’s third nominee to the high court, before the November general election. Continue reading →
Ahead of Senate Judiciary Committee hearings scheduled to start Monday, more than 5,000 lawyers issued an open letter Friday urging senators to “defend the lives and fundamental rights of all Americans” by refusing to confirm President Donald Trump’s U.S. Supreme Court nominee Judge Amy Coney Barrett.
Congressional leaders and the White House have been locked in a political battle over the high court’s empty seat since the death of Justice Ruth Bader Ginsburg in September. Rights advocates have raised alarm about Barrett’s “extreme ideology”—as the lawyers put it—since even before Trump officially announced her nomination. Continue reading →
“If Trump gets the Supreme Court to strike down ACA, the richest 0.1% would get a tax cut of $198,000 a year, and Big Pharma would get a tax cut of $2.8 billion. But millions of seniors would pay billions more for prescription drugs, and 20 million would lose their health insurance.”
Health Care Reform Law Protests at the US Supreme Court in 2012. Photo: Elvert Barnes/CC
New research released Tuesday shows that if the Supreme Court next month sides with the Trump administration and 18 state attorneys general seeking to repeal the Affordable Care Act, more than 20 million people would lose health insurance and millions more would be forced to pay more for healthcare—in the middle of a pandemic—while Big Pharma and the richest 0.1% would enjoy major tax cuts.
“The stakes in this case, always extraordinarily high”—wrote Tara Straw and Aviva Aron-Dine in one of several reports (pdf) published this week by the Center on Budget and Policy Priorities (CBPP)—”are even higher now amidst a global pandemic and an economic crisis that has caused more people to lose health insurance and become eligible for help from the ACA.” Continue reading →
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 →
Citing Trump’s signals that he may try to remain in office regardless of the election results, the group tells lawmakers, “to be clear, you no longer have the option to stand idly by and wait for things to ‘play out.'”
Judge Amy Coney Barrett during her Circuit Court confirmation hearing. Screenshot: C-SPAN
Ahead of reporting Friday that President Donald Trump has selected Judge Amy Coney Barrett to replace the late Justice Ruth Bader Ginsburg, Patriotic Millionaires launched a “Knives Out on SCOTUS” campaign pressuring Senate Democrats to fight back against “morally-bankrupt Republican hypocrites” in the chamber who are trying to “hand a far-right ideologue a lifetime appointment on the Supreme Court just days before the most divisive and consequential election in American history.”
The group’s open letter, which Americans are urged to sign, comes after a week of mobilizing in response to Trump and Senate Majority Leader Mitch McConell (R-Ky.) vowing after Ginsburg’s death that they were committed to nominating and voting on her replacement before November 3. The letter demands that Senate Minority Leader Chuck Schumer (D-N.Y.) and members of the Democratic Caucus “use every possible procedural tool” at their disposal “to disrupt and delay this public fraud.” Continue reading →
The Trump campaign and the Republican National Committee filed lawsuits recently against New Jersey and Nevada to prevent expansive vote-by-mail efforts in those states.
These high-profile lawsuits make the same argument that Republicans have made in many lesser-known lawsuits that were filed around the country during the primary season. In all of these lawsuits, Republicans argue that voting by mail perpetuates fraud – an argument President Donald Trump makes daily, on various media platforms. Continue reading →
Orange County Central Jail Complex. Photo by D Ramey Logan / CC BY-SA
As prisons and jails across the country continue to report Covid-19 outbreaks among inmates and staff, the U.S. Supreme Court ruled late Wednesday that a county jail in California does not have to provide its population with basic sanitary and protective equipment or test symptomatic inmates.
Responding to an emergency application by officials at Orange County Jail, the court handed down a 5-4 ruling along partisan lines and issued a temporary stay on an earlier ruling by federal Judge Jesus Bernal. Continue reading →
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 →
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 →