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US Supreme Court

Revealing The Pentagon Papers In Congress: A Pyrrhic Victory

June 26, 2021 Mike Gravel and Joe Lauria, Consortium News. , , ,
I propped myself up on an elbow as the announcer read the news: The Supreme Court ruled, 6-3, against Nixon. The government’s unprecedented move to stop the presses had failed. The Court agreed with two lower courts that the attempt to impose prior restraint on the press was unconstitutional. The ruling turned out to be more complex than at first glance, but it was an unequivocal call for Constitutional constraint on an out-of-control control executive. The Court challenged the executive’s misuse of “national security” as a mantra to undermine the Bill of Rights and accrue quasi-dictatorial powers. Writing for the majority, Justice Hugo Black boldly took on Nixon’s nonsense: “To find that the President has ‘inherent power’ to halt the publication of news by resort to the courts would wipe out the First Amendment and destroy the fundamental liberty and security of the very people the Government hopes to make ‘secure.’

US Supreme Court Rejects Case On Native American Sovereignty

June 15, 2021 Charmaine White Face, Popular Resistance. , , ,
Rapid City, South Dakota - In a devastating blow to the Self-Determination of all Native American Indian Tribes in the United States, the Supreme Court denied the Petition in the case, Gilbert v. Weahke. In doing so, the Justices also violated Article VI of the U.S. Constitution, the Indian Self-Determination Act, the Lanham Act, the Transfer Act, and the Abstention Doctrine. The case began when a federal agency, the Indian Health Service (IHS), gave an Indian Self-Determination Act multi-million dollar contract to a South Dakota non-profit corporation to manage the Sioux San IHS Hospital in Rapid City, SD. As the South Dakota non-profit corporation was not a Tribal Organization under the jurisdiction of any tribe and without federal recognition, this was a violation of Public Law 93-638, the Indian Self-Determination and Education Assistance Act (ISDEAA).

Supreme Court Case On Farmworker Protections Could Harm All Regulation

March 24, 2021 Sam Knight, Truthout. , , ,
The legacy of Cesar Chavez has been getting another look in recent months. In January, President Joe Biden placed a bust of the 20th-century labor leader in the Oval Office, giving journalists the opportunity to reexamine how Chavez fought for farmworkers, while commentators on social media noted that Chavez’s treatment of undocumented immigrants, at certain points during his life, complicates his image as a tireless champion of migrant laborers. But a sinister reexamination of Chavez’s legacy is also happening. A California labor regulation that resulted from his campaigning is under threat from the Supreme Court at the urging of dark money-funded right-wing think tanks.

Could Baltimore’s Climate Change Suit Become A Supreme Court Test Case?

January 20, 2021 David Hasemyer, Inside Climate News. , , ,
What began as a narrow jurisdictional question to be argued Tuesday before the U.S. Supreme Court in a climate change lawsuit filed by the city of Baltimore could take on far greater implications if the high court agrees with major oil companies to expand its purview and consider whether federal, rather than state courts, are the appropriate venue for the city’s case and possibly a host of similar lawsuits.  The high court initially agreed to hear a request by the oil and gas industry to review a ruling by the Fourth U.S. Circuit Court of Appeals in which the court affirmed a federal district judge’s decision to allow Baltimore’s lawsuit to be tried in state, rather than federal, court based on a single jurisdiction rule.  

Will The Supreme Court Overrule Farmworker Union Rights?

December 4, 2020 David Bacon, Labor Notes. , , ,
Not long before Donald Trump’s election in 2016, the Pacific Legal Foundation filed suit against California’s farmworker access rule in federal court on behalf of two companies—Cedar Point Nursery in Siskiyou County and the Fowler Packing Company in Fresno. The foundation is a conservative libertarian group that holds property rights sacred and campaigns against racial equity. It fought hard for the appointment of Amy Coney Barrett to the high court. The access regulation, which took effect after the passage of the Agricultural Labor Relations Act in 1975, allows union organizers to come onto a grower’s property in the morning before work to talk with workers.

Health Care For Millions On The Line

November 14, 2020 Hajira Hasghar, Liberation News. , , ,
Oral arguments began in the case California v. Texas this week, just days after the confirmation of Trump-appointed justice Amy Coney Barrett. For the third time in the past 10 years, Republicans have launched yet another legal attack at the Supreme Court in an attempt to eliminate healthcare coverage for millions. Republicans hope to use the new 6-3 conservative majority on the Supreme Court to deal the Affordable Care Act (ACA) a final blow.  In 2010, former President Obama introduced what would become his signature legislation under the name of the Affordable Care Act, known commonly as Obamacare.

Supreme Court Challenge To ACA Highlights Why We Need Medicare For All

November 12, 2020 Margaret Flowers, Truthout. , , ,
Once again, the fate of the Affordable Care Act (ACA), the health law passed under the Obama administration in 2010, will be in the hands of the Supreme Court. The court heard oral arguments in the case, California v. Texas, on Tuesday. A decision is expected in the spring. This is the third time the law has been tested in the Supreme Court, but this time experts are not certain the outcome will be as favorable as it was in 2012 and 2015 due to the loss of Justice Ruth Bader Ginsburg and her replacement with Amy Coney Barrett.

The Supremely Undemocratic Court

October 26, 2020 Eleanor Goldfield, Act Out! , ,
In this first installment of the Deception 2020 Series, we dig into that most supreme of undemocratic courts - just as Amy Coney Barrett looms over a smooth confirmation. Could the Democrats have stopped her? Then, we sit down with Dan Kovalik, human rights lawyer and author, for his take on the court, RBG, and more.

Chris Hedges: Trump’s Barrett Nomination

October 5, 2020 Chris Hedges, ScheerPost.com. , , ,
The Christian Right is content to have the focus on Supreme Court nominee Amy Coney Barrett revolve around her opposition to abortion and membership in People of Praise, a far-right Catholic cult that practices “speaking in tongues.” What it does not want examined is her abject subservience to corporate power, her hostility to workers, civil liberties, unions and environmental regulations. And since the Democratic Party is beholden to the same donor class as the Republican Party, and since the media long ago substituted the culture wars for politics, the most ominous threat Barrett’s appointment to the court represents is going unmentioned.

Democratize Justice!

September 24, 2020 Dakota Lilly, Orinoco Tribune. , , ,
One of the main reasons so many people cite their intention to vote for Biden is because of the recent death of Supreme Court Justice Ruth Bader Ginsberg. Let’s assume this is a valid reason, I don’t necessarily agree that it is but for argument’s sake we will go with it. This reasoning exposes a much more deep rooted problem in the political system of the US, that is, its anti-popular nature. This political system is so fragile and so anti-popular that theoretically the death of just 1 judge out of 9 could spell disaster for millions of people who are shielded by court rulings in the field of labor law, civil rights, and anti-discrimination.

Supreme Court Just Made The Case For Medicare For All

July 31, 2020 Sophia Paslaski, Otherwords. , , ,
This July, the Supreme Court of the United States decided that President Trump, who does not have a uterus, was quite right to object to Obama-era rules under the Affordable Care Act that allowed Americans who do have uteri access to free birth control through their employer-provided health insurance plans. Specifically, NPR reports, the Supreme Court upheld a Trump administration rule that “would give broad exemptions from the birth control mandate to nonprofits and some for-profit companies that object to birth control on religious or moral grounds.”

Will The Supreme Court Return Eastern Oklahoma To The Five Tribes?

May 11, 2020 Albert Bender, People's World ,
The case of McGirt v. Oklahoma sits at the top of the Supreme Court docket as the Indian law case that will decide the issue of whether eastern Oklahoma will be returned to reservation status. The Court, if ruling according to firmly established precedent, would have to return three million acres of eastern Oklahoma to the Muscogee Creek Nation, and as a monumental ripple effect would result in the return of an additional 16 million acres to the other four southern nations—the Cherokee, Choctaw, Chickasaw, and Seminole—forcibly removed, in the 19th century, from their ancient homelands.

Women Lead Protests To Supreme Court Before Kavanaugh Vote

October 7, 2018 By John Zangas, DC Media Group ,
Thousands of protesters, led by women, walked past the Supreme Court Thursday and Friday in opposition to the likely appointment of Brett Kavanaugh to the high court. It was the second day of a growing people’s mobilization against a GOP-led Senate confirmation expected to take place Saturday. On Friday afternoon Senator Susan Collins announced she would cast her vote in support of Kavanaugh, making it all but certain he would assume the role of Justice in the final Senate vote. Collin’s Senate office was the scene of chaos as protesters clashed outside it Thursday and Friday. Capitol police were forced to enforce limits on passage through the corridors leading to it.

Protests Continue Against Kavanaugh, Yale Story Unravels, McConnell Pushes Fast Vote

October 2, 2018 Emily Peck, Huffington Post , ,
As Senate Majority Leader Mitch McConnell continues to push for a quick vote on the nomination of Brett Kavanaugh, protests are escalating and Kavanough is being caught in lies. His story denying the allegations at Yale are unraveling. The most important breakthrough maybe Jeff Flake and Susan Collins called for a real investigation by the FBI. Flake said, “It does no good to have an investigation that just gives us more cover, for example. We actually need to find out what we can find out.” By the end of the day it seemed President Trump authorized the FBI to interview any witnesses they saw fit consistent with the desires of the Republicans in the Senate.

Protests Erupting Over Kavanaugh Nominations, Nationwide Walkout

September 24, 2018 Dominique Mosbergen, Huffington Post , ,
Women’s rights organizations are urging people to take part in a national walkout on Monday to show support for the two women who have publicly accused Brett Kavanaugh, President Donald Trump’s Supreme Court pick, of sexual assault. “We believe Dr. Christine Blasey Ford. We believe Deborah Ramirez,” wrote abortion rights advocacy group NARAL on Twitter, referring to the two Kavanaugh accusers by name. “Survivors must be heard,” the anti-sexual harassment organization Time’s Up tweeted
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