Posts tagged with 'Supreme Court'
Weekly Pulse: Where are the Anti-Choicers at the Kagan Hearings?
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by Lindsay Beyerstein, Media Consortium blogger
As Supreme Court nominee Elena Kagan begins her second week of confirmation hearings, Mother Jones’ Stephanie Mencimer wonders why the anti-abortion protesters have been uncharacteristically subdued this time around. Normally, they live for these hearings. For hardcore anti-choice activists, a Supreme Court confirmation is like Christmas, Mardi Gras, and the World Cup all rolled into one.
Mencimer suspects that the antis were caught off guard by a revelation about Kagan’s role in shaping a proposed partial birth abortion ban. Documents show that as a White House policy adviser Kagan worked with the American College of Obstetricians and Gynecologists (ACOG) to craft the organization’s position on the whether partial birth abortion is ever medically necessary. (more…)
Weekly Pulse: Kagan Hearings: Gags, God, Guns, and Gays
by Lindsay Beyerstein, Media Consortium blogger
Elena Kagan’s Supreme Court confirmation hearings kicked off on Monday. Her nomination has been met by glum resignation on the left and indifference on the right, as Adam Serwer notes in the American Prospect. Kagan is hoping to replace the Supreme Court’s most prominent liberal, Justice John Paul Stevens, who stepped down earlier this week. Progressives are counting on Kagan to shore up the pro-choice faction on the court.
Kagan has never been a judge and she hasn’t published very many academic law opinions. As a result, the confirmation process is leaning heavily on her counsels to President Bill Clinton as a White House adviser, her clerkship with legendary liberal Supreme Court Justice Thurgood Marshall, and her stint as Dean of Harvard Law School.
Kagan on choice
Weekly Diaspora: Supreme Court Decision Protects Immigrants Targeted By Drug War
by Erin Rosa, Media Consortium blogger
This week, the United States Supreme Court struck down a 1996 law that made it possible to deport documented immigrants that were convicted of minor drug-possession. Finally, some good news. At RaceWire, Seth Freed Wessler explains that the ruling could drastically change a law which has “helped drive rising deportation numbers.”
The plaintiff was Jose Angel Carachuri-Rosendo, a legal permanent resident who came to the United States in 1983 when he was five years old. A lower court had ruled that Carachuri-Rosendo “was subject to mandatory deportation under the 1996 law as a result of two minor drug-possession offenses, one for marijuana and the other for a single tablet of Xanax, an anti-anxiety prescription drug often used recreationally.”
Since the 1990s, several laws with increasingly severe penalties for immigrants have passed. Until the most recent Supreme Court decision, all resulted in mandatory deportation. (more…)
Weekly Pulse: SCOTUS Nominee Kagan a Cipher on Choice
by Lindsay Beyerstein, Media Consortium blogger
On Monday, President Barack Obama nominated solicitor general Elena Kagan to replace retiring Justice John Paul Stevens on the Supreme Court. Kagan’s nomination has raised eyebrows among progressives. Despite a long career in legal academia, Kagan has published very little. She seems to have studiously avoided taking a stand on almost any controversial issue. Ruth Conniff of the Progressive calls the Kagan pick “a triumph of the bland.”
“Partial Birth Abortion” ban
As a White House aide, Kagan wrote a memo urging President Bill Clinton to support a ban on so-called “partial birth abortion.” At the time, the House had passed a sweeping late-term abortion ban with no exceptions for the life and health of the mother. Clinton asked Kagan whether he should throw his support behind a more moderate Senate version of the same bill. She recommended a “compromise”—a ban with a maternal health exemption. In the end, Congress passed the extreme version and Clinton vetoed it.
Suzy Khimm of Mother Jones characterizes the memo as “more indicative of a political strategy than a legal argument.” In other words, Kagan was giving strategic advice to the president about what would be politically feasible, not legal advice about the government’s powers to regulate abortion. Kagan argued that the president should support the “compromise” position even though the Justice Department thought it was unconstitutional, according to Jodi Jacobson of RH Reality Check.
At TAPPED, Monica Potts argues that the memo gives us little indication of how Kagan would vote on abortion as a justice.
No Harriet Miers
There’s no question that Kagan is possessed of a formidable intellect. Stephanie Mencimer of Mother Jones quotes one of her former law school students, Elie Mystal, sharing his experience with Kagan on the blog Above the Law:
Like Frodo on Weathertop, there are some wounds that never fully heal. Professor Kagan massacred me intellectually, and brutalized my pride. I got some form of a B in her class (I honestly don’t remember if there was a modifier — I’ve tried to suppress those memories). Kagan was a frightening professor for those who wanted to match wits with the brightest legal minds in the world. For people like me, people who just wanted to get through law school with minimal mental damage, Kagan was nothing short of terrifying.
That’s the best news I’ve heard all day.
Kagan has never been a judge, but that’s not necessarily a deal-breaker in itself. As Steve Benen points out at the Washington Monthly, over a third of the 111 justices of the Supreme Court have had no previous judging experience.
A missed opportunity
Scott Lemieux argues in the American Prospect that Obama is wasting a rare political opportunity to confirm a more liberal justice. Right now, the Democrats still have a sizable, though not filibuster-proof, majority in the Senate. Lemieux argues that Obama is almost certain to get another Supreme Court pick before the end of his term. Then again, he points out, the Democrats are likely to lose Senate seats in the midterm elections.
If Obama were ever going to get a strong liberal on the bench, this would have been the time. No date has been set for a confirmation hearing. Kagan is in Washington today, courting lawmakers.
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Weekly Pulse: Nebraska’s Sweeping Abortion Ban on Collision Course with Supreme Court
By Lindsay Beyerstein, Media Consortium blogger
Yesterday, Nebraska’s Republican governor Dave Heineman signed a sweeping new law that criminalizes almost all abortions after 20 weeks’ gestation and another bill that forces women to undergo extensive mental health assessment prior to obtaining an abortion before 20 weeks.
Intimidating providers
Monica Potts of TAPPED explains that the laws are meant to have a chilling effect on all abortion providers in Nebraska. In the wake of last year’s assassination of Kansas abortion provider Dr. George Tiller, Dr. LeRoy Carhart of Nebraska began providing late-term abortions. According to Potts, the new abortion legislation is probably designed to run Dr. Carhart out of town.
An anti-choice Catch-22
Robin Marty of RH Reality Check notes the glaring contradictions between the two Nebraska abortion laws: Before 20 weeks of gestation, the state is so concerned about a woman’s health that they will force her to seek a mental health assessment to spare her the trauma of an ill-advised abortion. It seems that Nebraska legislators think women are so fragile that they can’t decide on their own whether an abortion will be unduly upsetting. Yet, after 20 weeks, a woman is not entitled to a “life of the woman” exemption even if a doctor determines that she is likely to commit suicide if she is forced to continue her pregnancy. (more…)
Weekly Audit: Don’t Let Citizens United Wreck Our Economy
By Zach Carter, Media Consortium Blogger
In a landmark decision last week, the Supreme Court ruled that corporations could spend unlimited funds to influence American elections, overturning a century of legal precedent. The Court’s ruling in Citizens United v. FEC undermines the integrity of the U.S. government, as President Barack Obama emphasized at his State of the Union address. But the decision also deals a damaging blow to the U.S. economy by encouraging lawmakers to write economic rules that benefit specific companies at the expense of everyone else.
The editors of The Nation lay out the High Court’s hubris in no uncertain terms:
The Citizens United campaign finance decision by Chief Justice John Roberts and a Supreme Court majority of conservative judicial activists is a dramatic assault on American democracy, overturning more than a century of precedent in order to give corporations the ultimate authority over elections and governing. This decision tips the balance against active citizenship and the rule of law by making it possible for the nation’s most powerful economic interests to manipulate not just individual politicians and electoral contests but political discourse itself. (more…)
Weekly Pulse: Sotomayor an enigma on abortion?
Yesterday, Sonia Sotomayor became the first Latina and the third woman ever nominated to the U.S. Supreme Court. She is currently a federal judge on New York’s 2nd Circuit Court of Appeals. Born to Puerto Rican immigrant parents and raised by her mother in the housing projects of the South Bronx, Sotomayor went on to attend college at Princeton and law school at Yale. George H.W. Bush appointed her to the U.S. District Court in 1991 and Bill Clinton “promoted” her to the 2nd Circuit in 1998.
Political Scientist Scott Lemieux writes for TAPPED that, in light of her distinguished resume and inspiring biography, Sotomayor’s confirmation is all but assured:
[...] Obama cited three criteria in choosing Sotomayor: 1) her intellectual capacity (as demonstrated in her sterling academic record, her success as an assistant district attorney, and her distinguished service as a federal judge); 2) her approach to judging based on her opinions, which represent a high level of craftsmanship and attention to detail; and 3) her compelling personal story, rising from poverty in the Bronx to Princeton to being an editor at the Yale Law Journal. This combination of factors will, I think, make her confirmation inevitable.
In the Nation, John Nichols says that the Sotomayor pick “reflects America”. Within hours of the announcement of Souter’s resignation, conventional wisdom had pegged Sotomayor as the odds-on favorite for the nomination. There were a few bumps along the way, though. Brian Beutler of TPM reports on the anatomy of a preemptive whispering capaign starring anonymous law clerks quoted in the New Republic questioning Sotomayor’s intelligence and temperament.
While Sotomayor has a reputation for being a liberal jurist, her record contains few hints about her views on abortion. Attorney and feminist writer Jill Filipovic reviews Sotomayor’s record on abortion for RH Reality Check. Sotomayor has only ruled on one major abortion-related case in her time as a judge, Center for Reproductive Law and Policy v. Bush, and as Filipovic says, Sotomayor’s conclusion “isn’t going to warm the hearts of reproductive rights activists.”
But, as Filipovic explains, abortion wasn’t the issue at stake in this case. Rather, the question was whether the Bush administration’s Global Gag Rule was violating the constitutional rights of American NGOs. The gag rule threatened to revoke their federal funding for working with foreign NGOs that discussed abortion. For various technical reasons, Sotomayor concluded that the rule was constitutional after all. Filipovic continues:
If anything, CRLP v. Bush highlights precisely why Sotomayor should, in a sane world, be an easy confirmation: She sticks to the rule of law, respects precedent and writes thoughtful and reasoned opinions. She was nominated to the federal district court by George H.W. Bush. Her decisions are left-leaning insofar as she generally seeks to protect Constitutional rights by supporting religious freedom and free speech, and she often sides with the plaintiffs in discrimination cases – hardly “activist” material.
Emily Douglas, also of RH Reality Check, notes that the conservatives aren’t buying the “common ground” abortion rhetoric the White House has been pushing. Even if the White House has the votes to confirm Sotomayor, and everyone knows it, a Supreme Court nomination battle is a golden fundraising opportunity for the right wing, so expect a lot of sound and fury from that quarter. It makes them feel relevant.
In other reproductive health news, Dana Goldstein discusses a recent literature review by the Guttmacher Institute arguing that coitus interruptus is an under-studied and possibly underappreciated form of birth control. The paper got a lot of discussion because the conventional wisdom is that withdrawal is ineffective. The study cites a figure that couples who use withdrawal perfectly have a 4% yearly chance of getting pregnant vs. 2% for couples who use condoms perfectly. However, the study doesn’t compare what percentage of couples who try to use withdrawal actually achieve perfect use compared to couples attempting to use condoms or other methods. Sex educators’ main concern, apart from the fact that withdrawal doesn’t protect against STDs, is that an unusually large number of people attempting it fail to achieve the desired results. If you only count the efficacy for successes, you get a distorted picture. In a follow-up post, Goldstein asks whether doctors might be biased against non-hormonal birth control.
It’s not just big businesses like GM that shoulder the burden of expensive private health insurance. In a special issue of the Washington Monthly, Jonathan Gruber argues that a universal healthcare program could increase American competitiveness by giving people the security they need to start their own businesses without having to worry about whether they can afford health insurance for themselves or their workers.
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