April, 06 2017, 12:30pm EDT
Earthjustice Statement on Senate Vote Overriding Minority Opposition to Judge Gorsuch
Action sets a dangerous precedent and carries ominous implications for public interest advocates
WASHINGTON
Today, Republicans voted to change the Senate rules to override Democratic opposition to Judge Neil Gorsuch, President Trump's nominee for the U.S. Supreme Court.
The following is a statement from Earthjustice President Trip Van Noppen:
"Earthjustice strongly condemns Senate Republicans' decision today to deploy the so-called 'nuclear option,' by changing the rules to override Democratic opposition to Judge Gorsuch's confirmation to the Supreme Court. An independent judiciary is critical as a check on other branches of government, and the rule they eliminated was designed to ensure that justices appointed to lifetime terms have consensus support and can remain independent and nonpartisan.
"Last year Senate Republicans violated the spirit of the Constitution and our democracy by refusing to even consider President Obama's pick to fill the vacant Supreme Court seat, Judge Merrick Garland. Now, they are doubling down on last year's power grab by changing the rules in the middle of the game to eliminate the Senate minority's influence in Supreme Court nominations altogether. This deeply flawed and highly politicized new approach to selecting justices for the highest court of the land sets a dangerous precedent and threatens to undermine the integrity of the American principle of liberty and justice for all. Today's action carries ominous implications for public interest advocates working to safeguard universal rights to clean air, clean water, and equal protection from environmental hazards in the years to come."
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
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'Disgusted' But 'Not Afraid': Wisconsin Governor Rips Arrest Threat From Trump Border Czar
"We now have a federal government that will threaten or arrest an elected official—or even everyday American citizens—who have broken no laws, committed no crimes, and done nothing wrong."
May 03, 2025
Wisconsin Gov. Tony Evers hit back Friday after U.S. President Donald Trump's border czar suggested the Democratic leader could be arrested for distributing guidance to state employees on what to do if confronted by federal immigration agents.
The guidance is straightforward and unremarkable, instructing state employees to "stay calm," ask federal agents for their name and badge, contact an attorney, and decline to answer questions or provide agents access to any documents without a lawyer present.
"State employees may not grant [Immigration and Customs Enforcement] or another agent access to any such data or information absent authorization from their legal counsel pursuant to a valid judicial warrant,"
In a speech addressed to Wisconsinites and the nation, Evers said that the "goal of this guidance was simple—to provide clear, consistent instructions to state employees and ensure they have a lawyer to help them comply with all federal and state laws."
"But Republicans and their right-wing allies, including Elon Musk, lied about this guidance, spread misinformation, accused me of doing things I didn't do or say, and fueled a fake controversy of their own creation," Evers said.
One Republican member of the Wisconsin State Assembly on Friday morning posted an AI-generated image of Evers in handcuffs at the state capitol, with Trump standing behind him in police uniform.
"I'm used to Republicans and the right wing lying about me. It comes with the job," Evers said Friday. "But, this time, these lies came at a cost. I haven't broken the law. I haven't committed a crime. And I've never encouraged or directed anyone to break any laws or commit any crimes."
"But when President Trump's hand-picked appointee, Tom Homan, was asked about me and this guidance after he apparently threatened to arrest elected officials across the country, he said, 'Wait 'til you see what's coming,'" the governor continued.
"Overnight, Republican lawmakers piled on, encouraging the Trump administration to arrest me."
Watch Homan's comments to reporters:
NEW: When asked about Wisconsin Governor Tony Evers telling state officials not to cooperate with ICE, Border Czar Tom Homan seems to signal arrests could be imminent:
“Wait until you see what’s coming. I meant what I said.” pic.twitter.com/xJxw5sBVY6
— Charlie Kirk (@charliekirk11) May 1, 2025
Homan's thinly veiled threat against Evers and other officials came days after FBI agents arrested Wisconsin Judge Hannah Dugan on obstruction charges alleging that she helped an undocumented immigrant evade arrest by misdirecting federal authorities. Dugan's legal team says she is innocent and will be vindicated in court.
Evers said Friday that Homan's threats are "chilling" and "should be of concern to every Wisconsinite and every American who cares about this country and the values we hold dear."
"These threats represent a concerning trajectory in this country," said Evers. "We now have a federal government that will threaten or arrest an elected official—or even everyday American citizens—who have broken no laws, committed no crimes, and done nothing wrong."
"And as disgusted as I am about the continued actions of the Trump administration, I am not afraid," he added. "I have never once been discouraged from doing the right thing, and I will not start today."
Watch Evers' remarks in full:
The Wisconsin governor's full address is transcribed below:
Good morning, Wisconsin. Governor Tony Evers here.
I’m speaking to you today as your governor but also as a concerned American.
Yesterday, a Trump administration official, in not so many words, apparently threatened to arrest me for distributing guidance that asked state agency employees to consult with an attorney if federal agents show up at state buildings with legal documents.
The goal of this guidance was simple—to provide clear, consistent instructions to state employees and ensure they have a lawyer to help them comply with all federal and state laws. Nothing more, nothing less.
But Republicans and their right-wing allies, including Elon Musk, lied about this guidance, spread misinformation, accused me of doing things I didn’t do or say, and fueled a fake controversy of their own creation.
Now, I’m used to Republicans and the right wing lying about me. It comes with the job. But, this time, these lies came at a cost. I haven't broken the law. I haven't committed a crime. And I’ve never encouraged or directed anyone to break any laws or commit any crimes.
But when President Trump's hand-picked appointee, Tom Homan, was asked about me and this guidance after he apparently threatened to arrest elected officials across the country, he said, "Wait 'til you see what's coming." Overnight, Republican lawmakers piled on, encouraging the Trump administration to arrest me.
Chilling threats like this should be of concern to every Wisconsinite and every American who cares about this country and the values we hold dear.
We live in the United States of America, folks. We are a country of laws. The rule of law matters. Following the law matters.
In this country, the federal government doesn't get to abuse its power to threaten everyday Americans. In this country, the federal government doesn’t get to arrest American citizens who have not committed a crime. In this country, we don't threaten to persecute people just because they belong to a different political party.
These threats represent a concerning trajectory in this country. We now have a federal government that will threaten or arrest an elected official—or even everyday American citizens—who have broken no laws, committed no crimes, and done nothing wrong.
And as disgusted as I am about the continued actions of the Trump administration, I am not afraid. I have never once been discouraged from doing the right thing, and I will not start today.
I swore an oath when I took this office to support the Constitution of the United States and the Constitution of the state of Wisconsin and to faithfully discharge the duties of this office to the best of my ability. I will never waver from that promise.
I hope and pray every elected and appointed official in this country, including the president of the United States of America, will do the same.
Forward, and for Wisconsin, always.
Thank you.
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Trump Pushes Supreme Court to Let Musk's Cronies Seize Social Security Data
"Why do Elon 'Social Security's a Ponzi scheme' Musk and his DOGE cronies need to stick their fingers in your personal data—your work history, income, benefits, and health records?" asked Sen. Elizabeth Warren.
May 03, 2025
President Donald Trump's administration requested in an emergency filing on Friday that the U.S. Supreme Court allow members of Elon Musk's Department of Government Efficiency to access highly sensitive Social Security data, complaining that a lower court ruling is inflicting "ongoing, irreparable harm on urgent federal priorities."
The filing, authored by U.S. Solicitor General D. John Sauer, asks the conservative-dominated Supreme Court to lift a preliminary injunction issued last monthby Maryland-based U.S. District Judge Ellen Hollander, who has accused Musk's team of engaging in "a fishing expedition" at the Social Security Administration (SSA) "in search of a fraud epidemic, based on little more than suspicion."
The Trump administration's request escalates a monthslong fight over access to the sensitive records that began in February, when the then-acting head of SSA left her post after Musk's lieutenants began infiltrating the agency and attempting to seize data.
A court ruling issued a month later ordered DOGE to "disgorge or delete all unlawfully obtained, disclosed, or accessed data." Musk, the richest person in the world, has falsely described Social Security as a "Ponzi scheme" and peddled discredited claims of large-scale abuses in the program.
The Center for American Progress noted last month that "while President Trump and Elon Musk repeat the long-debunked claim that dead people are claiming Social Security benefits, DOGE staffers are reportedly searching for dead claimants."
"As a result, according to The Washington Post, more than 10 million new people have been marked as dead since early March, including many seniors who are very much alive," the think tank wrote in an analysis warning that DOGE's efforts at SSA pose a grave threat to Social Security recipients. "For example, the SSA erroneously declared 82-year-old Seattle resident Ned Johnson dead. Before Johnson was even aware of or could remedy the mistake, the agency cut off his retirement benefits, took thousands of dollars out of his bank account, and cut off his Medicare."
Sen. Elizabeth Warren (D-Mass.) wrote in response to the administration's Supreme Court filing that "Trump and Musk need to get their hands off Americans' Social Security."
"Why do Elon 'Social Security's a Ponzi scheme' Musk and his DOGE cronies need to stick their fingers in your personal data—your work history, income, benefits, and health records?" Warren asked.
"Many Social Security field offices have lost half their staff, even as DOGE is forcing millions more people a year to visit those offices. What good are earned benefits that Americans can't access?"
As the Economic Policy Institute recently explained, Social Security personnel "protect a trove of personally identifiable information."
"Sensitive information stored in SSA databases includes not only Social Security numbers, but also detailed earnings, tax, banking, and medical records," the group observed. "Until DOGE entered SSA headquarters, this information was carefully protected, with limited access granted to specially trained employees only for specific purposes."
The Trump administration's aggressive push to access SSA data comes amid a broader assault on the agency and Social Security itself, despite the president's vow to protect the program.
Earlier Friday, the White House released a budget proposal that calls for leaving SSA funding flat, which advocates said is effectively a cut given rising costs.
"The truth is that Social Security is extremely understaffed, which is increasing backlogs and wait times," Nancy Altman, the president of Social Security Works, said in a statement. "This budget will make those backlogs and delays worse. It will make mistakes—including the Orwellian nightmare of being inadvertently declared dead when you are not—harder to fix."
"This budget's cuts to Social Security are right in line with Elon Musk's DOGE, which has pushed out over 7,000 SSA workers, including some of the most experienced and highly trained," Altman added. "Many Social Security field offices have lost half their staff, even as DOGE is forcing millions more people a year to visit those offices. What good are earned benefits that Americans can't access?"
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Trump's 'Phony Energy Emergency' Used by DOJ to Target State Climate Laws
"There is no energy emergency, and Trump's stated reasoning for it is as much a scam as every other pathetic con and hustle this president attempts," said one consumer campaigner.
May 02, 2025
Defenders of climate and the rule of law blasted the Trump administration on Friday for using what one consumer campaigner called a "phony" emergency to wage lawfare agaist states trying to hold Big Oil financially accountable for the planetary crisis.
On Thursday, the U.S. Department of Justice (DOJ) filed complaints against New York and Vermont over their climate superfund laws, which empower states to seek financial compensation from fossil fuel companies to help cover the costs of climate mitigation. The burning of fossil fuels is the main driver of human-caused global heating.
Separately, the DOJ also sued Hawaii and Michigan "to prevent each state from suing fossil fuel companies in state court to seek damages for alleged climate change harms."
"The use of the United States Department of Justice to fight on behalf of the fossil fuel industry is deeply disturbing."
Hours later, Hawaii became the 10th state to sue Big Oil for lying about the climate damage caused by fossil fuels. The Aloha State's lawsuit targets ExxonMobil, Chevron, Shell, BP, and other corporations for their "decadeslong campaign of deception to discredit the scientific consensus on climate change" and sow public doubt about the existence and main cause of the crisis.
"The federal lawsuit filed by the Justice Department attempts to block Hawaii from holding the fossil fuel industry responsible for deceptive conduct that caused climate change damage," Hawaii Attorney General Anne E. Lopez said. "The use of the United States Department of Justice to fight on behalf of the fossil fuel industry is deeply disturbing and is a direct attack on Hawaii's rights as a sovereign state."
The DOJ on Thursday cited President Donald Trump's April 8 executive order, " Protecting American Energy From State Overreach," which affirms the president's commitment "to unleashing American energy, especially through the removal of all illegitimate impediments to the identification, development, siting, production, investment in, or use of domestic energy resources—particularly oil, natural gas, coal, hydropower, geothermal, biofuel, critical mineral, and nuclear energy resources."
Trump also signed a day-one edict declaring a "national energy emergency" in service of his campaign pledge to "drill, baby, drill" for climate-heating fossil fuels. The "emergency" has been invoked to fast-track fossil fuel permits, including for extraction projects on public lands.
Acting Assistant Attorney General Adam Gustafson of the DOJ's Environment and Natural Resources Division said in a statement Thursday, "When states seek to regulate energy beyond their constitutional or statutory authority, they harm the country's ability to produce energy and they aid our adversaries."
"The department's filings seek to protect Americans from unlawful state overreach that would threaten energy independence critical to the well-being and security of all Americans," Gustafson added.
Robert Weissman, co-president of the consumer advocacy watchdog Public Citizen, on Friday accused the Trump administration of "using a phony energy emergency declaration to illegally attack state climate and clean energy laws."
"There is no energy emergency, and Trump's stated reasoning for it is as much a scam as every other pathetic con and hustle this president attempts," Weissman continued. "Fake constitutional claims based on a fake emergency cannot and will not displace sensible and long overdue state efforts to hold dirty energy corporations accountable."
"These corporations have imposed massive costs on society through their deceptive denial of the realities of climate change, and through rushing us toward climate catastrophe," he added. "It's good policy, common sense, and completely within state authority, for states to hold these corporations accountable."
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