Supreme Court

Gorsuch Just Handed Down The Most Bloodthirsty And Cruel Death Penalty Opinion Of The Modern Era

April 2, 2019 Ian Millhiser, Thinkprogress.org Educate! Death Penalty, Supreme Court

The Supreme Court’s opinion in Bucklew v. Precythe, which it handed down Monday on a party-line vote, is at once the most significant Eighth Amendment decision of the last several decades and the cruelest in at least as much time. Neil Gorsuch’s majority opinion tosses out a basic assumption that animated the Court’s understanding of what constitutes a “cruel and unusual” punishment for more than half a century. In the process, he writes that the state of Missouri may effectively torture a man to death — so long as it does not gratuitously inflict pain for the sheer purpose of inflicting pain.

Unions See An Opening In The Wake Of A Ruling That Was Supposed To Finish Them Off

February 15, 2019 By Rachel M. Cohen, Theintercept.com Organize! Class Struggle, Labor, Supreme Court, Unions

THE LAST YEAR has been a whirlwind for the labor movement. There have been unexpectedly positive developments, like the forceful rise in teacher activism across the country, and negative ones, like the U.S. Supreme Court decision in Janus v. AFSCME, which found that unions could no longer collect agency fees for bargaining from workers who do not pay membership dues. The labor movement had been grinding its teeth over that possibility for several years, bracing for its already strained coffers to further deplete.

Supreme Court Denies ExxonMobil Effort To Conceal Climate Documents

January 8, 2019 Nate Raymond, Reuters.com Resist! Climate Change, Exxon, Supreme Court

(Reuters) - The U.S. Supreme Court on Monday cleared the way for the attorney general of Massachusetts to obtain records from Exxon Mobil Corp to probe whether the oil company for decades concealed its knowledge of the role fossil fuels play in climate change. The justices declined to hear Exxon’s appeal of a ruling by the top court in Massachusetts holding that state Attorney General Maura Healey, a Democrat, had jurisdiction to seek records to probe whether the company misled consumers and investors. The high court’s action marked the latest setback for Exxon in its efforts to halt the Massachusetts investigation and a similar one by New York’s attorney general, who in October filed a lawsuit against the company.

Supreme Court Decision Puts Landmark Climate Change Lawsuit Back On Track For Trial

November 3, 2018 By Anne Meador, Dcmediagroup.us Resist! Climate Change, Lawsuit, Supreme Court

By a 7-2 vote, the U.S. Supreme Court denied a Trump administration motion to stop a constitutional lawsuit filed by 21 young plaintiffs from going to trial. The lawsuit, Juliana v. United States, asserts that the federal government is depriving youth of rights to life, liberty and property through an energy system contributing to climate change. Our Children’s Trust, the nonprofit supporting the case, has described the Department of Justice’s numerous legal maneuvers to thwart the case from going to trial as attempts to “circumvent the ordinary procedures of federal litigation.” The trial was originally scheduled for October 29 in Oregon. The case has been winding its way through the courts for three years.

Youth Plaintiffs File Response With Supreme Court Pointing To Government’s Serious Mischaracterization Of Juliana v. United States

October 24, 2018 Staff, OurChildrensTrust.org Create! Climate Change, Lawsuit, Supreme Court, Youth

Eugene, Oregon -- Today, attorneys for youth plaintiffs in the landmark climate lawsuit, Juliana v. United States, filed their response with the Chief Justice of the United States Supreme Court, requesting that the Court allow their trial to proceed on October 29 and pointing to numerous mischaracterizations of the lawsuit by the Trump administration in its recent filing with the Court. On Thursday, for the second time in three months and claiming harm only from costs of litigation, the Department of Justice filed an application for stay and a petition for writ of mandamus with the Supreme Court. On Friday, Chief Justice John Roberts issued an administrative (temporary) stay of discovery and trial while the Court reviews the youth plaintiffs’ response.

Justice Roberts Blocks Discovery In Children’s Trust Climate Lawsuit

October 21, 2018 Staff, Quartz Resist! Climate Change, Climate Justice, Supreme Court

On Friday (Oct. 19), the US Supreme Court blocked a climate lawsuit that pits children against the federal government. The trial was set to start in 10 days, and the lawyers for the young people have until Wednesday to respond and convince the court justices to let the trial begin.

New Supreme Court Ruling Could Make It Easier To Hold Corporations Liable For Things Like Climate Change

October 17, 2018 Alexandra Jacobo, Nationofchange.org Educate! Climate Change, Corporations, Supreme Court

A new ruling from the Supreme Court in two cases, ConAgra Grocery Products v. California and Sherwin-Williams v. California has the potential to open the door for the public to hold corporations accountable for knowingly endangering public health or the planet. On Monday the U.S. Supreme Court declined to hear appeals from paint manufacturers, Sherwin-Williams, ConAgra, and NL Industries, on a ruling that requires them to pay over $400 million for lead paint inspections and removals in California homes and for their role in promoting lead paint over several decades. The cases were brought against paint manufacturers by ten California governments, including Los Angeles County, in the form of a product-liability suit back in 2000.

Washington Supreme Court Declares State’s Death Penalty Unconstitutional

October 15, 2018 Staff, Deathpenaltyinfo.org Educate! Death Penalty, Supreme Court, Washington

Finding that the death penalty "is imposed in an arbitrary and racially biased manner," a unanimous Washington Supreme Court has struck down the state's capital-punishment statute as violating Washington's state constitutional prohibition against "cruel punishment." The court's ruling, authored by Chief Justice Mary E. Fairhurst and issued on October 11, 2018, declared: "The death penalty, as administered in our state, fails to serve any legitimate penological goal; thus, it violates article I, section 14 of our state constitution." The decision also converted the sentences of all eight people on the state's death row (pictured) to life imprisonment without possibility of release.

Let’s Start A Kavanaugh Watch…

October 14, 2018 Ralph Nader. Organize! Brett Kavanaugh, Corporatism, Supreme Court

Brett Kavanaugh, the new Injustice of the Supreme Court of the United States, must be pleased by the leading news stories on Monday and Tuesday regarding his swift swearing-in on Saturday. The multiple perjurer, corporate supremacist, presidential power-monger, and a past fugitive from justice (regarding credible claims of sexual assault), Kavanaugh saw critical media coverage become yesterday’s story. The mass media has moved on to other calamities, tragedies, superstorms, and celebrity outrages. Opponents of his nomination must persevere anew.

The Long Night Has Fallen On The Supreme Court — Thanks Largely To Democrats

October 13, 2018 Glen Ford, Blackagendareport.com Educate! Electoral Politics, Supreme Court

Brett Kavanaugh took his seat on the far right of the U.S. Supreme Court on Tuesday, but before the Court’s newest racist, pro-torture, corporate, patriarchal pig could don his new robes the Democratic National Committee was filling email boxes with appeals for funds to turn Republican victory into defeat in November. “The only way we'll be able to protect our rights is by regaining a Democratic majority in Congress,” writes Seema Nanda, the DNC’s chief executive officer. “If we don't, women's reproductive justice, affordable health care, and the future of our democracy will all be at risk.” The Democrats have been singing that same song for decades -- indeed, generations -- even as they passively allowed reactionary justices to become dominant on the High Court...

With The Crisis Of Kavanaugh’s Confirmation Comes Opportunity

October 10, 2018 George Lakey, Wagingnonviolence.org Strategize! Brett Kavanaugh, Electoral Politics, Supreme Court, Trump Administration

Saturday was a tough day for a group of social justice activists to hold a strategy retreat. Brett Kavanaugh was clearly going to be confirmed to the Supreme Court, and we weren’t in any kind of mood to plan next steps for our campaign. Fortunately, facilitator Yotam Marom was prepared. He invited everyone to take two sheets of paper and a set of pastel crayons. Each of us was to make two pictures: One would represent what losing our fight might look like, and the other one would represent what winning the fight might look like. The group came through: The array of images we created and our talking about them permitted and normalized the rage, grief and despair we were experiencing.

Don’t Despair About The Supreme Court

October 9, 2018 By Howard Zinn, Progressive.org Educate! Electoral Politics, Howard Zinn, Supreme Court

John Roberts sailed through his confirmation hearings as the new Chief Justice of the Supreme Court, with enthusiastic Republican support, and a few weak mutterings of opposition by the Democrats. Then, after the far right deemed Harriet Miers insufficiently doctrinaire, Bush nominated arch conservative Samuel Alito to replace Sandra Day O'Connor. This has caused a certain consternation among people we affectionately term "the left." I can understand that sinking feeling. Even listening to pieces of Roberts's confirmation hearings was enough to induce despair: the joking with the candidate, the obvious signs that, whether Democrats or Republicans, these are all members of the same exclusive club.

Key Republicans Signal Confidence In FBI Report On Kavanaugh

October 5, 2018 By Elana Schor, Burgess Everett and John Bresnahan, Politico.com Resist! Brett Kavanaugh, Electoral Politics, FBI, Supreme Court

Key undecided Republican senators are signaling on Thursday the FBI report on sexual misconduct allegations against Brett Kavanaugh may give them the confidence they need to back the embattled Supreme Court nominee. Sen. Jeff Flake (R-Ariz.) told reporters that "we’ve seen no additional corroborating information” about alleged sexual misconduct by Kavanaugh in high school and college, and Sen. Susan Collins (R-Maine) said the investigation "appears to be a very thorough" one. But Collins made clear that she remains undecided on Kavanaugh and wants to read more of it herself. GOP staff briefed some senators early in the day Thursday on the FBI's interviews of nine individuals connected to the allegations against Kavanaugh, according to Republicans. At noon, Collins returned to personally read the interviews.

McConnell Vows GOP ‘Will Not Be Intimidated By Kavanough Protesters

October 4, 2018 By Jon Queally, Commondreams.org Resist! Brett Kavanaugh, FBI, Supreme Court, Trump Administration

An apparently perturbed Senate Majority Mitch McConnell (R-Ky.) says that the loud, outraged, and determined constituents who have been letting Republican lawmakers know just how much they do not want Brett Kavanaugh confirmed to the Supreme Court will not be listened to or have an impact on his effort to ram the nominee through in the coming days. "There is no chance in the world they're going to scare us out of doing our duty," McConnell declared on the Senate floor Wednesday morning, after referencing lawmakers who have been confronted at airports, in their offices, or in Senate offices on Capitol Hill. "I don't care how many members they chase, how many people they harass here in the halls," McConnell continued, "I wanna make one thing perfectly clear: we will not be intimated by these people."

Political Issues In The Senate Hearing On Supreme Court Nominee Brett Kavanaugh

October 1, 2018 Eric London, Wsws.org Educate! Brett Kavanaugh, Electoral Politics, Supreme Court, Trump Administration

After nearly nine hours of Senate testimony by Supreme Court nominee Brett Kavanaugh and his accuser, Christine Blasey Ford, the public is no closer to knowing what did or did not happen over thirty years ago, when Ford alleges Kavanaugh sexually assaulted her. Kavanaugh’s future as the nominee now depends on the outcome of an FBI investigation to which Senate Republicans agreed on Friday. The allegations of sexual assault have become the sole issue in Kavanaugh’s confirmation, and the Democratic Party and the media have presented Kavanaugh’s guilt on this matter as a foregone conclusion. The focus of the proceedings reflects the political priorities of the Democratic Party and the interests of the affluent social layers to which it is appealing.

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