Tag Archives: Ruth Bader Ginsburg

Mail-in voting does not cause fraud, but judges are buying the GOP’s argument that it does

Protesters against passage of a bill to expand mail-in voting during a Nevada Republican Party demonstration, August 4, 2020, in Las Vegas. Ethan Miller/Getty Images

Penny Venetis, Rutgers University Newark

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

Share Button

As Prisons Across US Report Surge in Covid-19 Cases, Supreme Court Rules Jail Does Not Have to Provide Basic Protections to Inmates

“There is no legal principle justifying this stay. The only ‘principle’ animating it is the belief of the Republican appointees to the Court that prisoners are subhuman.”

By Julia Conley, staff writer for Common Dreams. Published 8-6-2020

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

Share Button

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

Share Button

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

Share Button

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

Share Button

‘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

Share Button

The Supreme Court, religion and the future of school choice

File 20170706 10491 1qzlnvg

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

Share Button