Tag Archives: Supreme Court

“That’s His Priority as the Pandemic Rages On”: McConnell Readies Lame Duck Push to Further Pack Courts With Trump’s Judicial Appointees

“It is literally sickening to see Mitch McConnell continue to indulge his partisan obsession with confirming far-right judges, instead of taking action on the Covid pandemic that continues to spin out of control.”

By Andrea Germanos, staff writer for Common Dreams. Published 11-15-2020

Photo: Gage Skidmore/cc/flickr

Senate Majority Leader Mitch McConnell is under renewed fire from progressives for refusing to act on a pandemic relief package for struggling Americans while moving to advance more of President Donald Trump’s judicial nominees.

“Today marks six months since the House passed the HEROES Act, but guess what McConnell is focused on this week: judges,” Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights, tweeted Sunday. Continue reading

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The Next Challenge: Keeping the Nation Together

By Chris Winters. Published 11-4-2020 by YES! Magazine

Joe Biden and Kamala Harris after their victory speeches. Photo: Amit Heerawan/Twitter

So here we are the day after Election Day—can we just call it Election Week from now on? Or Decision Month if this stretches into December?—and the presidential race again remains undecided.

For the left, this feels all too familiar, the ghost pains of 2016 throbbing in the hole where our souls used to be.

Outcome aside, the fact that this race is even close is a shocking wake-up call for those of us—myself included—who believed that, with the scales off their eyes, Americans would choose decency over crude savagery, compassion over cruelty, professionalism over abject incompetence, honesty over absolute corruption. Continue reading

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

Judges can intervene in elections, but the Supreme Court really prefers not to. Jantanee Phoolmas/Moment via Getty Images

Steven Mulroy, University of Memphis

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

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As Trump Says ‘Must Have Vote Total’ on Nov. 3, Nearly 400 ‘Protect the Results’ Rallies Planned to Fight Election Night Theft

“We think the likelihood of activation is high,” the Protect the Results coalition says.

By Julia Conley, staff writer for Common Dreams. Published 10-27-2020

In the face of increasing signs that President Donald Trump will try to prematurely declare victory on Election Night next Tuesday—even before millions of valid mail-in and absentee ballots are counted—momentum is building for a massive grassroots counter-offensive across the country to make sure that every vote is counted and any effort by the GOP to steal the election is thwarted.

Less than two weeks after progressive advocacy groups Stand Up America and Indivisible announced that they, along with a coalition of 135 national and state organizations, are organizing “Protect the Results” demonstrations for Nov. 4, the number of planned events had more than doubled by Tuesday. Continue reading

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Constitutional Law Experts Endorse Democrats’ Bill to Create 18-Year Term Limits for Supreme Court Justices

They called it “a critical piece in prescribing how our country’s leaders can work to depoliticize the Supreme Court and its confirmation process.”

By Jessica Corbett, staff writer for Common Dreams. Published 10-23-2020

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

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Warning Fundamental Rights and American Lives at Stake, 5,000+ Lawyers Urge Senate to Reject Barrett

“Rushing to confirm Judge Amy Coney Barrett will cause irreparable damage to the public’s faith in the Supreme Court, the rule of law, and our democracy.”

By Jessica Corbett, staff writer for Common Dreams. Published 10-9-2020

Photo:massmatt/flickr/CC

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

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Successful GOP Repeal of ACA Would Strip Health Coverage From Millions and Give Top 0.1% a Massive Tax Cut—During a Pandemic

“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.”

By Kenny Stancil, staff writer for Common Dreams. Published 10-6-2020

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

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Indigenous Leaders Furious After EPA Grants Oklahoma Control Over Sovereign Tribal Lands

“We must fight back against this underhanded ruling,” said one Indigenous leader. “In the courts, on the frontlines and in the international courts, life itself is at stake.”

By Brett Wilkins, staff writer for Common Dreams. Published 10-5-2020

The Oklahoma State Capitol is the only one in the nation containing a working oil rig on its grounds. (Photo: duggar11/Flickr cc)

In a little-noticed development last week that drew ire after being reported Monday, the Trump administration’s EPA granted the state of Oklahoma wide-ranging environmental regulatory control on nearly all tribal lands in the state, stripping dozens of tribes of their sovereignty over critical environmental issues.

The Young Turks which first reported the news, obtained a copy of an October 1 letter (pdf) from EPA Administrator Andrew Wheeler granting a request by Republican Gov. J. Kevin Stitt for control of environmental regulations on tribal land on a wide range of issues, including: Continue reading

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

Demonstrators outside the U.S. Capitol on Sept. 21 called on the Republican-controlled Senate not to confirm a new justice until the next president is in office. Alex Edelman/AFP via Getty Images

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

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‘Knives Out on SCOTUS’: Patriotic Millionaires Open Letter Pushes Senate Dems to Fight ‘Nakedly Illegitimate’ Nomination Attempt

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.'”

By Jessica Corbett, staff writer for Common Dreams. Published 9-25-2020

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

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