Tag Archives: Supreme Court

Claims That ICE Agents Were ‘Just Following Orders’ Won’t Save Them From Liability for Children’s Suffering, Legal Scholars Warn

“While such employees may say they were ‘just following orders,’ their highest command is to uphold the Constitution. This overrides any contrary decision from ICE or even Trump himself.”

By Julia Conley, staff writer for Common Dreams. Published 7-11-2018

Screenshot: Fox News

A new report finds that individual Immigration and Customs Enforcement (ICE) agents could be held personally liable for the suffering of families and children under the Trump administration’s “zero tolerance” immigration policy—and warns that the confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court could harm the chance of anyone being held accountable for the forcible separation of families.

U.S. District Judge Dana Sabraw’s order that the government reunite all children under the age of five with their parents went largely unheeded yesterday, as the court-imposed deadline passed with fewer than half of the children being returned to their families. Continue reading

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Supreme Court Ruling Gives Any President a Blank Check to Detain American Citizens

MintPress speaks with legal expert and law professor Ryan Alford, who warns that hidden within the recent Supreme Court ruling on the Trump administration’s “Muslim travel ban” is a massive power giveaway to the executive branch that allows any president to order the mass detention of American citizens without worrying about a challenge from the courts.

By Whitney Webb. Published 6-29-2018 by MintPress News

Though the recent Supreme Court ruling on Trump vs. Hawaii, which upholds President Trump’s “Muslim ban,” has been widely covered by the press, very few outlets – if any – have explored some truly unnerving implications hidden within the court’s majority opinion. In order to explore these implications further, MintPress spoke to Ryan Alford, Associate Professor at the Bora Laskin Faculty of Law and author of Permanent State of Emergency: Unchecked Executive Power and the Demise of the Rule of Law.

MPN: Chief Justice Roberts, who wrote the majority opinion, talks a lot about whether the judicial branch even has the authority to rule over executive orders like Trump’s so-called “Muslim ban.” Is he accurate in asserting that the Supreme Court has limited authority in this matter or is this another power giveaway to the executive branch? 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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How Native American food is tied to important sacred stories

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The First Salmon ceremony being performed. U.S. Department of Agriculture , CC BY-ND

Rosalyn R. LaPier, The University of Montana

The U.S. Supreme Court upheld a lower court ruling, on June 11, that asked Washington state to remove culverts that block the migration of salmon. The ruling has significant implications for Northwest Coast tribes, whose main source of food and livelihood is salmon.

The legal decision stems from the 1855 Stevens treaties when Northwest Coast tribes retained the “right to take fish” from their traditional homelands. Fighting to protect salmon habitat, however, is more than just upholding tribal rights. Salmon is viewed as sacred. 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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‘Dystopia Intensifies’ as Supreme Court Rules Immigrants Can Be Detained Indefinitely

“The hellish internment camps of ICE and its private contractors have just been given the greenlight by our high court.”

By Jake Johnson, staff writer for CommonDreams. Published 2-27-2018

In a decision that could be devastating for thousands who have been swept up by President Donald Trump’s deportation dragnet and immensely profitable for the private prison industry, the Supreme Court ruled on Tuesday that immigrants—including those with permanent legal status—do not have the right to bond hearings and can be detained indefinitely.

The 5-3 ruling tosses out a 2015 lower court decision that stated immigrant detainees are entitled to a bond hearing every six months. The Obama administration appealed that ruling to the Supreme Court, and the Trump administration continued the case. Continue reading

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Icebreaker Pt 1 – Secret Homeland Security ICE/HSI Manual for Stripping US Citizenship

A confidential manual, which Unicorn Riot has obtained in full, guides the US Department of Homeland Security’s little-known investigative arm, Homeland Security Investigations, in targeting and stripping citizenship from naturalized foreign-born Americans.

This is the first story in Unicorn Riot’s “Icebreaker” series, which aims to promptly release this information in complete form, with your support. An anonymous source provided Unicorn Riot with Homeland Security Investigations Special Agent handbooks covering 22 years of confidential internal federal law enforcement policies.

Published 2-14-2018 by Unicorn Riot

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Striving for ‘Best Plutocracy Money Can Buy,’ Koch Brothers Plan to Dump $400M in 2018 Midterms

“This is why we need to overturn the terrible Citizens United Supreme Court decision and move to public funding of elections.”

By Jake Johnson, staff writer for CommonDreams. Published 1-28-2018

Photo: YouTube

Fresh off the passage of tax legislation that could net them over a billion dollars a year in additional profits, the oil moguls Charles and David Koch have now set their sights on the 2018 midterms, during which they are reportedly planning to spend around $400 million promoting right-wing candidates and priorities.

The news came as the Kochs and others within their sprawling network of deep-pocketed donors and politicians were preparing to gather for a secretive weekend conference in Indian Wells, California. Continue reading

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Thanks to the North Carolina case, partisan gerrymandering’s day of reckoning may soon be upon us

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The word ‘gerrymandering’ comes from the name of Elbridge Gerry, Massachusetts governor in the 1800s. AP Photo/Elise Amendola

Christopher Beem, Pennsylvania State University

Gerrymandering was already shaping up to be an important issue this year, with huge implications for American democracy. But after the ruling this week on the North Carolina congressional map, the stakes have been raised still higher.

For the first time, a federal panel of judges ruled that a state’s map of its congressional districts was unconstitutional. The North Carolina map didn’t just give an advantage to Republicans – it manifested “invidious partisan intent.” The panel directed the state to draw the districts again by Jan. 24. Continue reading

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