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Supreme Court

Cherokee Nation, Others Set To Defend Indian Child Welfare Act

October 6, 2022 Chad Hunter, Cherokee Phoenix. , , ,
Tahlequah – Constitutionality of the 1978 Indian Child Welfare Act is the focus of an upcoming U.S. Supreme Court review in which the Cherokee Nation and other tribes will play supporting roles. The federal ICWA legislation, promoted for decades as a means of preserving Native families and culture, gives Native American families priority in foster care and adoption proceedings involving Native children. Chad and Jennifer Brackeen, of Texas, initiated a lawsuit in 2017 alleging that the ICWA is unconstitutional. Since then, the case has worked its way through the lower courts. In late February, the Supreme Court agreed to review the case based upon petitions from both sides. Arguments are scheduled to take place Nov. 9.

Kansas Votes Overwhelmingly To Protect Abortion

August 3, 2022 Tatiana Cozzarelli, Left Voice. , , , ,
Kansas - Kansans have voted to protect abortion rights in their state. Yes, Kansas — the deep red state where Trump won by more than 15 percentage points last election cycle has voted to protect abortion rights. In fact, Kansas has a history of violence against abortion providers, including the murder of abortion doctor George Tiller in 2009.But the vote wasn’t even close. At the time of publishing, the vote was roughly 60% in favor of abortion rights and 40% against. It was overwhelmingly in favor of protecting abortion rights in the state, with a huge voter turnout and by a wide margin. Amidst the dystopian chaos that is the post-Roe world, legislators in Kansas tried to slip one past Kansans, holding a referendum in the middle of the summer, during a mostly Republican primary, in an effort to capture a repeal of the state’s constitutional protection for the right to abortion in a low-turnout event.

The Supreme Court Is Gutting the Regulatory State

July 27, 2022 Thomas M. Hanna, In These Times. , , ,
At the end of June, the conservative-dominated U.S. Supreme Court issued an explosive series of politically and ideologically motivated decisions designed to fundamentally reshape society. Over the course of just a few days, the Court struck down federal abortion rights, trampled on indigenous people’s rights, further eroded the separation between church and state, aided the proliferation of gun violence, and kneecapped the federal government’s ability to address climate change. While shocking, these rulings are not surprising. In fact, they are part of a decades-long, highly successful war by the political Right to dismantle the mild regulatory and social democratic state that developed following the New Deal and World War II, and revive and reinvigorate private, elite (i.e. wealthy and white) control of society and the economy.

The Push-Pull Of The Abortion Rights Struggle Continues In The US

July 15, 2022 Natalia Marques, People's Dispatch. , , , ,
In the few weeks that have passed since the United States Supreme Court ruled to overturn Roe v. Wade on June 24, stripping abortion rights from millions of women, the people of the United States have continued to fight back. Despite assurances, the response from the Biden administration to protect the fundamental right has been deemed resoundingly inadequate. “The mass of the people will have to flood into the streets, and will have to remain in the streets,” Monica Illyrich, a young organizer with the Party for Socialism and Liberation, told Peoples Dispatch. “We will have to do everything they can to let these politicians know that they will not be able to quietly and peacefully go on with their lives, trying to jeopardize the lives of so many millions of people.” Illyrich, alongside others, participated in an 18-hour protest in front of the Georgia Judicial Center in Atlanta, from July 4 to 5, in order to protest a pending Georgia abortion ban that would prohibit most abortions after a fetal heartbeat is detected.

Historically Low Approval Ratings Show The US Regime In Crisis

July 14, 2022 Ezra Brain, Left Voice. , , ,
Only 36 percent of Americans believe that the U.S. system of government is sound, according to a new poll from Monmouth University. This number is a significant drop from previous polls which showed that even as recently as 2020, 52 percent felt the system was sound. This historic drop — down from 62 percent of responders who said that the system was sound in 1980 — is the result of sustained decrease in Americans’ faith in the government over the past several years. A recent Gallup poll which measures faith in 16 different institutions — including governmental institutions as well as institutions more broadly defined such as the medical system and small businesses — backed up these findings. The poll found that the average level of faith in institutions is at an all-time low and that faith in 11 of the institutions that they measure has dropped significantly.

As Anti-BDS Bills Become The Norm, ACLU Takes Fight To The Supreme Court

July 9, 2022 Jessica Buxbaum, Mintpress News. , , , , ,
Little Rock, Arkansas - In June, a federal appeals court upheld an Arkansas law barring state contractors from boycotting Israel, sparking concerns over First Amendment rights in the United States. The Eighth Circuit Court of Appeals reversed a decision made last year by a panel of three judges who found that mandating a pledge to not boycott Israel is unconstitutional. However, the recent court ruling determined boycotts are not expressive conduct and instead related to commercial activity and therefore the state can regulate such actions.

Supreme Court Allows End Of ‘Remain In Mexico’ Policy

July 9, 2022 Emma Lee, Left Voice. , , ,
The United States Supreme Court has decided to allow the Biden administration to end a Trump-era immigration policy according to an opinion delivered by Chief Justice John Roberts on Thursday. The program formally known as the Migrant Protection Protocols (MPP), frequently called the “Remain in Mexico” policy, requires migrants arriving at the southern border to stay outside the United States while waiting for the sluggish U.S. immigration system to process their asylum hearings. The Biden administration has yet to end the program.

Hold The Fireworks

July 6, 2022 John Kiriakou, Consortium News. , ,
I can’t celebrate a country this year where the highest court in the land sets society back a century with rulings so out of the mainstream of society that they harken back to the Dred Scott decision. Newspapers on the morning of July 4 told the story of a 10-year-old pregnant rape victim who, thanks to the Supreme Court’s ruling overturning Roe v. Wade, was denied an abortion and told that she would have to carry her rapist’s baby to term.  Her parents had the wherewithal to take her to neighboring Indiana for an abortion.  It’s not that Indiana is in any way a progressive state. 

Supreme Court’s ‘Miranda’ Decision Further Guts Civil Rights Law

July 6, 2022 Reuters. , , ,
A U.S. Supreme Court decision on Thursday illustrated the extent to which the court has transformed a Reconstruction-era law meant to protect the rights of freed slaves and marginalized Americans into a formidable shield for the most powerful, including police, prosecutors and businesses. The June 23 decision bars lawsuits against police for using evidence obtained without advising people of their rights – the ‘Miranda’ warnings the court mandated nearly 60 years ago that have since become the framework through which most Americans understand their rights against police intrusion.

American Gun Culture And Frontier Mythology

July 4, 2022 Pierre M. Atlas, Consortium News. , , ,
In the wake of the Buffalo and Uvalde mass shootings, 70 percent of Republicans said it is more important to protect gun rights than to control gun violence, while 92 percent of Democrats and 54 percent of independents expressed the opposite view. Just weeks after those mass shootings, Republicans and gun rights advocates hailed the Supreme Court ruling that invalidated New York state’s gun permit law and declared that the Second Amendment guarantees a right to carry a handgun outside the home for self-defense. Mayor Eric Adams, expressing his opposition to the ruling, suggested that the court’s decision would turn New York City into the “Wild West.”

Indigenous Leaders And Climate Groups Respond To West Virginia vs. EPA

July 3, 2022 Jackie Fielder, Last Real Indians. , , , ,
The U.S. Supreme Court issued a rule that limits the EPA’s ability to regulate greenhouse gasses from the power sector using a specific provision of the Clean Air Act. Earlier this year, the Intergovernmental Panel on Climate Change stated that existing and planned fossil fuel projects are more than the climate can handle, confirming that without sharp reductions in greenhouse gas emissions and fossil fuel use, we are, as UN Secretary General Antonio Guterres says, “on a fast track to climate disaster.” The report also warns investors of stranded fossil fuel assets that will amount to $4 trillion in a world where warming is limited to 2°C, and even more in a world where it is limited to 1.5°C.

SCOTUS EPA Ruling Signals Court Will Strike Down Rules Limiting Profits

July 3, 2022 Marjorie Cohn, Truthout. , , ,
On the last day of its term, the Supreme Court handed down a case no less impactful than its shameful ruling a week earlier that overturned Roe v. Wade. In West Virginia v. EPA, the court’s right-wing members confirmed they are in the pockets of the fossil fuel companies. The 6-3 majority sided with coal companies and Republican-led states to restrain the Environmental Protection Agency’s (EPA) power to regulate carbon emissions. “Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day,’” Chief Justice John Roberts wrote on behalf of himself, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

US Supreme Court May Take Aim At Whistleblower Protection Law

July 2, 2022 Kevin Gosztola, The Dissenter. , , ,
The False Claims Act in the United States allows individuals with evidence of fraud against government agencies to bring lawsuits as qui tam whistleblowers. They can bring a case even if the US Justice Department has no interest in fighting the alleged corruption. But on June 21, Courthouse News Reported that the US Supreme Court will determine whether the government has the authority to dismiss a whistleblower lawsuit brought under the False Claims Act when the government has declined to intervene in the case. In other words, the Supreme Court could help corporations shut down independent whistleblower lawsuits that the Justice Department does not want to pursue.

Democrats Exposed By The End Of Roe v. Wade

July 1, 2022 Margaret Kimberley, Black Agenda Report. , , ,
In May 2022, a memo was leaked to the media which indicated that the Supreme Court would overturn the 1973 Roe v. Wade decision which legalized abortion. Despite the warning, the announcement of the Dobbs v. Jackson Women's Health Organization decision sent shockwaves across the country. The 6 to 3 conservative majority is doing just what republicans promised they would do if they were given electoral control of the presidency, Senate, and state legislatures. The shock that a 50-year old right has been eliminated produced the expected reactions. There were protests at the homes of justices, at federal courthouses, and at the Supreme Court itself. Curiously, there were no protests planned at the home of Barack Obama, the person who could have acted to protect the Roe decision.

Labor Condemns Supreme Court Decision Overturning Roe v. Wade

July 1, 2022 Portside. , , ,
On June 27, The Supreme Court, by a 6-3 Majority took the extreme step of denying an existing constitutional right by overturning Roe V. Wade. This decision to deny women the right to an abortion is an attack on all women, is an attack on all working people The statements below by numerous labor organizations all make that point and all point to the necessity to resist and to organize. The Coalition of Labor Union Women was founded in 1974, the year after Roe v Wade confirmed a woman’s constitutional right to an abortion. The CLUW founding mothers believed in a woman’s right to a safe termination of her pregnancy and we still believe every woman has that right.
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