Supreme Court

Media Organizations Concerned About Confirmation Of U.S. Circuit Court Judge Brett Kavanaugh

September 5, 2018 Free Press. Resist! Media, Supreme Court, Trump Administration

We, the undersigned 24 organizations working in the public interest to protect net neutrality, write to express our strong concerns about the potential confirmation of U.S. Circuit Court Judge Brett Kavanaugh to the United States Supreme Court. Judge Kavanaugh’s confirmation to the nation’s highest court could jeopardize protections for the rights of all Americans to freely navigate the internet and express themselves online. The United States Telecom Association. v. FCC case upheld the FCC’s 2015 Net Neutrality rules in all respects. But Judge Kavanaugh dissented when the case came before him, betraying his commitment to protect the alleged rights of the big cable and phone companies that provide broadband internet access rather than the communications rights of everyone in America who relies on an open internet.

‘I Came To Put My Body On The Line’: Both Inside And Outside Hearing, Women Lead Fight Against Kavanaugh Confirmation

September 5, 2018 By Julia Conley, Commondreams.org Resist! Supreme Court, Trump Administration

Before being taken away from the hearing room, Shaunna Thomas, executive director of the women's advocacy group UltraViolet, told the committee, "Senators, on behalf of the millions of women across the country whose rights will be stripped by a Kavanaugh court, I demand you reject this nomination." Kavanaugh is widely seen as the key to completing Trump's campaign pledge to overturn Roe vs. Wade, the 1973 decision which affirmed that American women have the right to abortion care. While running for president in 2016, Trump told Fox Newsthat if he won, the reversal of the decision would "happen automatically in my opinion because I am putting pro-life justices on the court." Last year, Kavanaugh praised former Supreme Court Justice William Rehnquist's dissent in the Roe case and as a sitting federal judge ruled against a young immigrant held in U.S. custody who wanted to obtain an abortion, delaying her care.

Recent Supreme Court Ruling Gums Up Immigration Courts

August 15, 2018 Amy Taxin, AP.org Resist! Immigration, Repression, Supreme Court, Undocumented

LOS ANGELES—Immigration courts from Boston to Los Angeles have been experiencing fallout from a recent U.S. Supreme Court decision that has caused some deportation orders to be tossed and cases thrown out, bringing more chaos to a system that was already besieged by ballooning dockets and lengthy backlogs. The little-known ruling addressed what might seem like a narrow procedural issue over how to properly provide notices to immigrants to appear in court for deportation proceedings. But it is having broader implications in immigration courts that are in charge of deciding whether hundreds of thousands of people should be allowed to stay in the United States. Since the decision was issued in June, immigration attorneys have been asking judges to throw out their clients’ cases.

Supreme Court Refuses To Halt A Climate Change Lawsuit Brought By Children And Teenagers

August 1, 2018 Jack Herrera, Psmag.com Resist! Climate Change, Lawsuit, Supreme Court, Youth

The United States Supreme Court on Monday refused to halt a lawsuit that represents a novel attempt by children and teenagers to sue the federal government over its inaction on climate change. First filed in 2015 by a group of young Americans in Oregon, the lawsuit claims that the federal government's refusal to address climate change threatens the constitutional rights of young people and future generations who will come of age in a world of greater scarcity and danger. As Pacific Standard reported in 2016, the 21 plaintiffs allege that "the U.S. government's knowing inaction on climate has violated their right to 'life, liberty, and property' as enshrined in the due process clause of the Fifth Amendment."

What’s At Stake If Brett Kavanaugh Joins The Court

July 24, 2018 By Olivia Alperstein, Otherwords.org Educate! Supreme Court, Trump Administration

President Donald Trump has nominated Judge Brett Kavanaugh to replace former Supreme Court Justice Anthony Kennedy. Why should you care? Because everything from reproductive rights to voting, education, and health care is now at stake. Kavanaugh, a judicial ideologue committed to pulling the Court further to the right, may also reverse decades of key rulings that uphold the constitutional right to personal liberty and autonomy. All Americans say they value personal freedom, especially the right to make our own decisions about our private lives. Every day, we take that liberty for granted, from exercising our right to free speech to lighting up sparklers on the Fourth of July. Cherishing our liberties is as American as apple pie — but our right to exercise those liberties could be undone.

What I Mailed To Sheldon Whitehouse And Joe McNamara About Roe v Wade

July 23, 2018 Andrew Stewart, Rimediacoop.org Educate! Abortion, Supreme Court

We as activists and advocates of a woman’s right to abortion care in America are in a real fight right now. I propose that we see Kaye’s film as a useful tool of education and use it to help activate people to 1) pressure Whitehouse to stall the confirmation of a new Supreme Court justice; and 2) pressure McNamara and the rest of the Democratic Party leadership to re-convene the General Assembly so to codify and protect a woman’s right to choose in the Ocean State. This task requires a serious amount of hard conversations and deep talks with family and friends, neighbors and coworkers, as well as political opposites, so to make this happen. The trends of history are on our side, despite the developments within the Supreme Court. First, recent polling has shown conclusively in the past 5 years that public opinion is solidly pro-choice [1][2].

Reshaping The Supreme Court: What 2 Dissents On Climate Rules Tell Us

July 11, 2018 John H. Cushman JR, Insideclimatenews.org Create! Climate Change, EPA, Supreme Court

To see why environmentalists have been panicking about the new direction of the Supreme Court, just go back 11 years and read the two dissents in the landmark climate change case Massachusetts v. EPA. Not the majority opinion, where Justice Anthony Kennedy provided the fifth, swing vote compelling the Environmental Protection Agency to regulate greenhouse gases as pollutants under the Clean Air Act. In the opening words of the ruling, the liberal wing of the court, joined by Kennedy, embraced the science of climate change. No, what sends shudders down the spines of environmental advocates is the way the deeply conservative minority saw things back then, spelled out in a pair of dissents—one written by Chief Justice John Roberts and the other by the late Justice Antonin Scalia, whose seat President Donald Trump filled last year with Neil Gorsuch.

Trump’s Supreme Court Nominee Decided Against Net Neutrality And For NSA Surveillance

July 10, 2018 By Colin Lecher, Theverge.com Educate! Donald Trump, Net Neutrality, NSA, Supreme Court, Surveillance, Trump Administration

After intense speculation, President Trump said today that he has selected Judge Brett Kavanaugh as his nominee to succeed retiring Justice Anthony Kennedy. In his announcement, the president introduced his nominee as a jurist with “impeccable credentials” and as “a judge’s judge.” Kavanaugh, who was nominated to the US Court of Appeals for the DC Circuit by George W. Bush, where he currently serves, certainly has a notable, if likely controversial, record on tech policy issues. While it’s difficult to anticipate exactly which issues might come before the court, his past rulings suggest a reliably conservative voice on tech. His addition to the highest court in the country could vastly reshape the digital landscape.

The Supreme Court, Social Progress, And The Continued Supremacy Of White Racism And Capitalism

July 10, 2018 By Elliott Gabriel, Mintpressnews.com Educate! Capitalism, Racism, Supreme Court

WASHINGTON – Despite widespread outrage and resistance, Hurricane Donald shows absolutely no sign of abating as it throws domestic and international politics into disarray. President Trump has been unsparing in his push to pursue his agenda, attacking opponents on both sides of the aisle without mercy while throwing convention to the wind in regard to issues ranging from immigration to diplomacy, the #MeToo movement to global trade. Through it all, the Supreme Court has served as a key ally, delivering devastating rulings on issues ranging from immigrants’ subjection to indefinite detention, gerrymandering, collective bargaining, and the discriminatory travel ban or “Muslim Ban.”

The Upside Of Janus: Court’s Ruling On Dues Check-Offs Could Help Democratize Unions

July 7, 2018 By Jon Jeter, Mintpressnews.com Strategize! Class Struggle, Labor Movement, Supreme Court, Unions

Ricky Maclin bellowed at the secretary in a stairwell at Republic Windows and Doors, trying to get her attention. She was one of the few black temps in the secretarial pool; he was vice-president of the union local, the lone black on its executive board. The two of them got along like the proverbial house afire, and on more than one occasion Shorty had even shared with Ricky the contents of a memo that she’d come across, or a conversation she’d overheard, when the plant’s management was dragging its feet or flat-out lying to the union about some issue or another. But on this late November morning in 2008, as the pair walked past each other on the stairs, Ricky’s greeting went unacknowledged; the diminutive secretary clearly had things on her mind.

Billionaires Devised A Plan To Kill Unions By Sending Worker Stand-Ins To Spread Propaganda

July 7, 2018 By Leo Gerard, Alternet.org Educate! Class Struggle, Ruling Class, Supreme Court, Unions

Hundred millionaire Bruce Rauner just couldn’t wait to tell Illinois state workers that the U.S. Supreme Court had given them what he considered a gift. Within hours of the court’s ruling in the Janus case last week, Rauner, the Republican governor of Illinois, emailed state workers to tell them the decision meant they no longer needed to pay either dues or fair share fees to their labor union but the union would still be required to represent them. What a deal! Free service! And it was brought to them by Rauner! The governor had filed the lawsuit that led to the Janus decision. When a court tossed him as plaintiff, the right-wing foundations whose billionaire donors paid for the lawsuit drummed up replacement plaintiffs including Mark Janus. He’s an Illinois child support worker who refused to join the union and pay dues and who didn’t even want to pay the smaller fair share fee of $45 a month charged to non-members to cover the union’s costs of bargaining for them.

Supreme Court’s Fatal Attack On Public Sector Workers

July 1, 2018 Anthony DiMaggio, Counterpunch. Organize! Janus, Supreme Court, Unions, Worker Rights

The courts have always been an instrument of plutocratic power. But the war against American workers has intensified in Trump’s America. With its recent rulings, Harris v. Quinn (2014) and Janus v. American Federation of State, County and Municipal Employees (2018), the Supreme Court has set American workers’ rights back decades. Through these cases, the court is hammering the final nails in the coffin of organized labor, threatening what little remains of unionization in America. While just 11 percent of Americans are members of a union – most of which are in the public sector – the Janus case threatens to destroy what little remains of the economic foundation of state and local unions.

Supreme Court Hands Down ‘Groundbreaking Victory’ For Privacy

June 25, 2018 By Jessica Corbett, Theantimedia.com Educate! Cell Phones, Fourth Amendment, Privacy, Supreme Court

(CD) — In a decision that digital rights advocates called “a groundbreaking victory for Americans’ privacy rights,” the U.S. Supreme Court ruled on Friday that police generally must obtain a warrant before collecting cellphone records that can be used to track a person’s movements. The American Civil Liberties Union (ACLU), which represented the petitioner, predicted the “historic” win “will have a ripple effect for privacy,” particularly as it applies to data held by third parties. As the group explained in a series of tweets, “It will help protect all sorts of digital information stored online, from emails to data from smart home appliances.”

Supreme Court Allows Purging Voter Registration For Nonvoters Who Do Not Respond To Mail

June 12, 2018 Staff, Demos.org Educate! Electoral Politics, Ohio, Supreme Court

WASHINGTON – In a 5-4 ruling in Husted v. APRI, the U.S. Supreme Court today upheld an Ohio voter purge practice that removes infrequent voters from the registration rolls. The decision creates a danger that other states will pursue extreme purging practices to disenfranchise millions of eligible voters across the country. “Today’s decision threatens the ability of voters to have their voices heard in our elections,” said Stuart Naifeh, senior counsel at Demos, which led the legal team challenging the state’s practices. “The fight does not stop here. If states take today’s decision as a sign that they can be even more reckless and kick eligible voters off the rolls, we will fight back in the courts, the legislatures, and with our community partners across the country.”

Gas Wells Not Allowed On Land Zoned For Homes Or Farms, High Court Rules

June 5, 2018 Don Hopey, Post-gazette.com Resist! Gas, Land, Oil Drilling, Pennsylvania, Supreme Court

The Pennsylvania Supreme Court decided Friday that drilling and operating multiple Marcellus Shale gas wells in a section of Fairfield Township, Lycoming County, that is zoned for residential and agricultural would not be a compatible land use. The case, Gorsline v. Board of Supervisors of Fairfield Township v. Inflection Energy, is important because of its potential application to, and influence on, shale gas development in non-industrially zoned areas throughout the state. “The decision means that shale gas development has to be recognized as an industrial land use that has impacts and must be located with other uses with which it is compatible,” said George Jugovic Jr., chief counsel for PennFuture who represented the four Fairfield Township residents that brought the case.

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