Month: May 2018
SCOTUS Watch: decisions are about to come quickly
I have not had as much to write about the U.S. Supreme Court this term as in previous terms, because this term is moving at a snail’s pace. There were 63 cases argued by the end of April (the end of the hearing calendar). To date, there have been only 23 decisions announced, and 6 summary reversals.
This means there are 34 cases argued that will be decided between Monday and the end of June, including all of the major cases pending before the court this term. (h/t SCOTUSblog).
Adam Feldman analyzes at SCOTUSblog, Empirical SCOTUS: Out of steam or out of time:
For those following the Supreme Court, the notion that the court is moving slowly this term has already been reiterated multiple times. The first clear notion of the court’s historically slow pace came with the timing of this term’s second signed decision, which was the modern court’s latest second opinion released in a term. Other analyses followed in legal periodicals, as well as those directed at a more generalized audience. Now that we are closer to the end of the term, some aspects of the justices’ decision-making this term are more apparent, as are explanations for the court’s pace. The bottom line is that this pace should not be unexpected, because the court has been moving in this direction for years, and a confluence of events have now come together to help precipitate this term’s “snail’s pace.”
AG Candidate January Contreras Will Protect Vulnerable Populations
Over cups of coffee and water at the Tucson Café Passe (the bratwurst is good as well), Democratic Attorney General Candidate January Contreras, a fourth generation Arizonan, described the reasons she is the right person to lead the state’s justice department starting in January 2019.
An experienced jurist and advocate, Contreras, a wife of 24 years and mother to two sons, has an extensive record of public service. Mentored (and still guided) by former Attorney General, Governor, and Homeland Security Secretary Janet Napolitano, she has served as a Deputy County Attorney for Maricopa County and Assistant Attorney General. In these capacities, Contreras prosecuted criminals, people, and entities that committed health care fraud against vulnerable citizens like the elderly in nursing homes.
Furthermore, under former Governor Janet Napolitano, her duties also included policy advisor and serving as the Assistant Director at the Arizona Health Care Cost Containment System (AHCCCS) where she fought proposed cuts to the system. Joining Governor Napolitano at the Department of Homeland Security during the Obama Administration, Contreras helped establish the Council on Combating Violence against Women and served on other task forces designed to further advances for women and children.
Returning to Arizona, Contreras founded ALWAYS (Arizona Legal Women and Youth Services), an organization dedicated to assisting victims of domestic violence, human trafficking, and child abuse. When necessary, Contreras would help the victims for free.
Senate Democrats blast GOP for federal court stacking scheme
The Washington Times reports, Senate Democrats blast Trump’s judicial confirmations, cite lack of vetting and diversity:
The ten Democrats on the SenateJudiciary Committee released a 60 page report Thursday blasting Republicans for their rush to confirm “right-wing ideological nominees” with little vetting.
Sen. Dianne Feinstein of California, the committee’s ranking member, said President Trump has had more circuit court nominees confirmed in his first 328 days in office than any other president since the circuit court system was created in 1891.
Mr. Trump, Senate Majority Leader Mitch McConnell, Kentucky Republican, and Chairman of the Judiciary Committee Sen. Charles E. Grassley, Iowa Republican, have vocalized their commitment to filling the federal bench, which had an unprecedented amount of vacancies when Mr. Trump took office.
The reason for this is the Septuagenarian Ninja Turtle, Mitch McConnell, engaging in the unprecedented and unconstitutional “blockade” of President Obama’s judicial nominees, including his nominee to the U.S. Supreme Court, Judge Merrick Garland. Republicans falsely claimed this was the “Biden Rule,” In Context: The ‘Biden Rule’ on Supreme Court nominations in an election year. It was in actuality an unconstitutional abuse of power by Sen. Mitch McConnell.
Congress attempts a discharge petition for DACA and the DREAMers
There is a move afoot in Congress by a handful of Republicans worried about losing in November to use a discharge petition to force a vote on DACA and the DREAMers that GOP Congressional leadership pushed aside during the continuing resolution (CR) budget battles earlier this year. House Republicans, Defying Leaders, Move to Force Immigration Votes:
More than a dozen House Republicans defied Speaker Paul D. Ryan on Wednesday and moved to force a vote on immigration in the House, aiming to settle the uncertain futures of so-called Dreamers, young immigrants who were brought to this country illegally as children.
The group is gathering signatures for a so-called discharge petition, a parliamentary maneuver that could be used to circumvent Mr. Ryan by bringing legislation to the House floor with the support of a majority of members. The party out of power often uses such petitions, but they rarely succeed because a signature from a member of the party in power is seen as a betrayal of leadership.
This time around, 17 Republicans had signed as of Wednesday afternoon.
“We are well aware that the speaker’s preference was not to have this process,” said Representative Carlos Curbelo, Republican of Florida, who introduced the petition Wednesday morning. “I’ve made the argument to the speaker personally that this process actually empowers him.”
If nine more Republicans sign on, along with all House Democrats, the group will be able to revive an immigration debate that had appeared all but dead. Its goal is to force debate on four immigration-related measures, including one of the speaker’s choosing.
Under a little-used rule known as Queen of the Hill, the measure that received the most votes would be adopted, and advance to the Senate, so long as a majority of the House voted in favor. Representative Jeff Denham, Republican of California and the architect of the strategy, said such a rule could be brought up on the first and third Monday of every month. The next opportunity to do so, he said, would be June 11.