May, 13 2019, 12:00am EDT
For Immediate Release
Contact:
Email:,press@lawyerscommittee.org
Lawyers' Committee for Civil Rights Under Law Statement in Response to Supreme Court Ruling Abandoning Precedent in Franchise Tax Board of California v. Hyatt
WASHINGTON
In response to the recent Supreme Court decision in Franchise Tax Board of California v. Hyatt, where the court ruled that a state cannot be sued in the courts of another state without its consent, Kristen Clarke, president and executive director of the Lawyers' Committee for Civil Rights Under Law released the following statement:
"The decision issued by the Supreme Court in this case abandons well-settled precedent that had been in place for 40 years" said Kristen Clarke, president and executive director of the Lawyers' Committee for Civil Rights Under Law.
"No significant change in factual circumstances or evidence of unworkability warranted the Court's unusual decision to disturb this long-standing precedent. Right now, we are witnessing coordinated attacks on Roe v. Wade, affirmative action and more across the country. The forces driving these cases are banking on a Supreme Court majority that will be willing to reopen guiding precedent and remake the law," Clarke continued.
"This action by the Supreme Court sends a dangerous message that its precedents are fair game and that prior rulings may not be adhered to. This action also suggests that it's open season when it comes to precedents that have long safeguarded civil rights and reproductive freedom in our country."
The Lawyers' Committee is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to enlist the private bar's leadership and resources in combating racial discrimination and the resulting inequality of opportunity - work that continues to be vital today.
(202) 662-8600LATEST NEWS
Sabreen, Baby Girl Rescued From Mother's Womb After Israeli Airstrike, Dies
The baby was born last week via an emergency Caesarean section, but doctors were ultimately unable to save her.
Apr 26, 2024
A grieving family and a team of medical providers in Rafah, Gaza were desperate this week for a miracle, hoping that newborn Sabreen al-Rouh Jouda would survive after being delivered prematurely moments after her mother died of injuries sustained in an Israeli airstrike.
On Friday, it became clear that the family's hopes would not be realized as doctors announced Sabreen's death.
Dr. Muhammad Salama, head of the emergency neonatal department at Emirati Hospital, where Sabreen was born last week via a Caesarean section that was caught on film and widely reported as outlets searched for any bit of hopeful news out of Gaza, said the baby's lungs were not able to fully absorb oxygen because she was born at just 30 weeks' gestation.
"Every day we have a sad story; every day we have a horrible story," Salama toldNBC News, gesturing to other babies whom doctors and nurses are struggling to care for amid Israel's destruction of the territory's healthcare system.. "This baby right here, his father has died. This baby's mother has died. Another two babies in the ICU, one of them came and we cannot know, sadly, if his mother or father is alive."
Sabreen is now one of 16 children killed in two airstrikes last weekend at a housing complex in Rafah, where Israeli officials have said they plan to move forward with a planned ground invasion.
Sabreen's parents and their three-year-old daughter, Malak, were also killed.
Her mother, Sabreen al-Sakani, was rushed to the hospital on Saturday night with extensive injuries that she succumbed to just before doctors performed the emergency Caesarean section.
Sabreen weighed just 3.1 pounds at birth and was in severe respiratory distress, but doctors were able to temporarily stabilize her condition.
Her grandmother was filmed speaking to her as she lay in an incubator earlier this week.
"I swear I will lock you inside my heart," she said. "You will live in blessing."
At least two-thirds of the 34,356 Palestinians who have been killed in Gaza by the Israel Defense Forces (IDF) since last October have been women and children, according to the local health ministry. Israel and the U.S., which has contributed billions of dollars in weapons to the IDF, have repeatedly claimed the military is precisely targeting Hamas fighters.
As Common Dreams reported earlier this month, the IDF has relied on an AI targeting system to identify Hamas targets, but considers bombing suspected militants in their homes "a first option," and has officially considered the killing of up to 100 civilians for every Hamas target an acceptable level of precision.
Israel has also claimed it has designated so-called safe zones, but Palestinians have been killed after moving to areas where the IDF said it wouldn't carry out bombings.
"There are no safe places at all, they are liars, liars," Sabreen's uncle, Rami Jouda, told NBC News. "There is no safe place in Gaza. We are all living under the menace of death."
Keep ReadingShow Less
Right-Wingers Plot to Give Trump Control Over Federal Reserve If Reelected
"Under such an approach, the chair would regularly seek Trump's views on interest-rate policy and then negotiate with the committee to steer policy on the president's behalf," The Wall Street Journal reported.
Apr 26, 2024
Right-wing allies of former U.S. President Donald Trump are reportedly crafting a plan to give the executive branch control over Federal Reserve policy decisions, an effort that comes as the presumptive GOP nominee continues to signal his authoritarian intentions for a potential second term.
The Wall Street Journalreported Thursday that former Trump administration officials and other supporters of the ex-president "have in recent months discussed a range of proposals, from incremental policy changes to a long-shot assertion that the president himself should play a role in setting interest rates."
"A small group of the president's allies—whose work is so secretive that even some prominent former Trump economic aides weren't aware of it—has produced a roughly 10-page document outlining a policy vision for the central bank," the Journal reported. "The group of Trump allies argues that he should be consulted on interest-rate decisions, and the draft document recommends subjecting Fed regulations to White House review and more forcefully using the Treasury Department as a check on the central bank. The group also contends that Trump, if he returns to the White House, would have the authority to oust Jerome Powell as Fed chair before his four-year term ends in 2026."
During his first four years in the White House, Trump repeatedly criticized Powell—whom the former president appointed in 2017—over the central bank's interest rate policy and insisted he had the authority to oust the Fed chair before the end of his term. The Fed is an independent body subject to limited congressional oversight.
"I have the right to do that," Trump said in 2019 of ousting Powell. "I'm not happy with his actions, I don't think he's done a good job."
The Fed, still under Powell's leadership, has since jacked up interest rates to their highest level in decades in an attempt to combat inflation—an approach that progressive lawmakers and economists have criticized as misguided, arguing that prices were elevated primarily by pandemic-related supply chain disruptions and corporate profiteering and that hiking rates would harm workers. (Progressives have historically pushed for Fed reforms that would make the powerful central bank more accountable to the public.)
Late last year, Trump said interest rates were "too high" but did not say he would pressure the central bank to lower them, saying: "Depends where inflation is. But I would get inflation down."
More recently, Trump suggested the Fed's indication that rate cuts are coming in the near future as inflation cools is a political ploy to "help the Democrats."
"It looks to me like he's trying to lower interest rates for the sake of maybe getting people elected, I don't know," Trump said in a Fox Business appearance in February.
Economist Paul Krugman predicted in his New York Timescolumn earlier this year that "Trumpist attacks on the Fed for cutting interest rates are coming."
"What we don't know is how the Fed will react," Krugman wrote. "In a recent dialogue with me about the economy, my colleague Peter Coy suggested that the Fed may be inhibited from cutting rates because it'll fear accusations from Trump that it's trying to help Biden. I hope Fed officials understand that they'll be betraying their responsibilities if they let themselves be intimidated in this way."
"And I hope that forewarned is forearmed," he added. "MAGA attacks on the Fed are coming; they should be treated as the bad-faith bullying they are."
The Journal reported Thursday that "several people who have spoken with Trump about the Fed said he appears to want someone in charge of the institution who will, in effect, treat the president as an ex officio member of the central bank's rate-setting committee."
"Under such an approach, the chair would regularly seek Trump's views on interest-rate policy and then negotiate with the committee to steer policy on the president's behalf," the newspaper continued. "Some of the former president's advisers have discussed requiring that candidates for Fed chair privately agree to consult informally with Trump on the central bank's decisions... Others have made the case that Trump himself could sit on the Fed's board of governors on an acting basis, an option that several people close to the former president described as far-fetched."
According to earlier Journal reporting, Trump's team has discussed several possible replacements for Powell, including former White House economic adviser Kevin Hassett and Arthur Laffer, a former Reagan adviser and notorious tax-cut enthusiast.
Trump allies' plot to help the former president exert control over Fed policy if he's reelected in November provides further insight into the presumptive Republican nominee's likely approach to a second term.
During his 2024 campaign, Trump—who is facing 88 charges across four criminal cases—has vowed to be a dictator on "day one," wield federal authority to go after his political opponents, launch the "largest domestic deportation operation in American history," and use the U.S. military to crack down on protests.
"If a president is truly determined to make himself a dictator, the question at the end of the day is whether the military and other force-deploying agencies of the federal government are willing to go along," Josh Chafetz, a constitutional law professor at Georgetown University, toldThe Washington Post in a recent interview. "If they are, there's not much Congress or the courts could do about it."
Keep ReadingShow Less
Supreme Court Urged to 'Rule Quickly' After Trump Immunity Arguments
"It'd be a travesty for justices to delay matters further," said one legal expert.
Apr 25, 2024
After about three hours of oral arguments Thursday on former President Donald Trump's immunity claims, legal experts and democracy defenders urged the U.S. Supreme Court to rule swiftly, with just over six months until the November election.
Trump—the presumptive Republican candidate to challenge Democratic President Joe Biden, despite his 88 felony charges in four ongoing criminal cases—is arguing that presidential immunity should protect him from federal charges for trying to overturn his 2020 loss to Biden, which culminated in the January 6, 2021 insurrection at the U.S. Capitol.
Justices across the ideological spectrum didn't seem inclined to support Trump's broad immunity claims—which critics have said "reflect a misreading of constitutional text and history as well as this court's precedent." However, Citizens for Responsibility and Ethics in Washington (CREW) shared examples of what it would mean if they did.
"Trump could sell pardons, ambassadorships, and other official benefits to his wealthy donors, members of his clubs, or cronies who helped him commit other crimes," CREW warned. "Trump could sell nuclear codes and government secrets to help pay back crippling debts."
"But this isn't just about what Donald Trump could do. It's really about how total immunity for the president would threaten our democratic system of checks and balances," the group continued. "The president could order the military to assassinate activists, political opponents, members of Congress, or even Supreme Court justices, so long as he claimed it related to some official act."
After warning that a president could also order the occupation or closure of the Capitol or high court to prevent actions against him, CREW concluded that "the Supreme Court never should have taken this appeal up in the first place. They should rule quickly and shut these ludicrous claims down for good."
The organization was far from alone in demanding a quick decision from the nation's highest court.
"In the name of accountability, the court must not delay its decision," the Brennan Center for Justice said Thursday evening. "The Supreme Court's time is up. It needs to let the prosecution move forward. The court decided Bush v. Gore in three days—it should act with similar alacrity in deciding Trump v. U.S."
In Bush v. Gore, the case that decided the 2000 election, the high court issued a related stay on December 9, heard oral arguments on December 11, and issued a final decision on December 12.
On Thursday, the arguments "got away from the central question: Is a former president immune from criminal prosecution if he tried to overthrow a presidential election, using private means and the power of his office to do so?" the Brennan Center noted. "The answer is simple: No."
"It is not an 'official act' to try to overthrow the peaceful transfer of power or the Constitution, even if you conspire with other government officials to do it or use the Oval Office phone," the center said. "Trump's attorney was pushing the court to come up with a sea change in the law. That's unnecessary and a delay tactic that will hurt the pursuit of justice in this case."
In a departure from previous claims, Trump's attorney, D. John Sauer, "appeared to agree with Special Counsel Jack Smith, who is leading the prosecution, that there are some allegations in the indictment that do not involve 'official acts' of the president," NBC Newsreported, noting questions from liberal Justice Elena Kagan and conservative Justice Amy Coney Barrett, a Trump appointee.
Barrett summarized various allegations from the indictment and in three cases—involving dishonest election claims, false allegations of fraud, and fake electors—Sauer conceded that Trump's alleged conduct sounded private, suggesting that a more narrow case against the ex-president that excluded any potential official acts could proceed.
Due to Trump attorney's concessions in Supreme Court oral argument, there's now a very clear path for DOJ's case to go forward.\n\nIt'd be a travesty for Justices to delay matters further.\n\nJustice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.\u2b07\ufe0f— (@)
According to NBC:
Matthew Seligman, a lawyer and a fellow at the Constitutional Law Center at Stanford Law School who filed a brief backing prosecutors, said Sauer's concessions highlight that Trump is "not immune for the vast majority of the conduct alleged in the indictment."
Ultimately, he said, the case will go to trial "absent some external intervention—like Trump ordering [the Justice Department] to drop the charges" after having won the election.
At the same time, Sauer's backtracking might have little consequence from an electoral perspective. Further delay in a trial, which Sauer is close to achieving, is a form of victory in itself.
Slate's Mark Joseph Stern pointed out that when Barrett similarly questioned Michael Dreeben, the U.S. Department of Justice lawyer arguing the case for Smith, it seemed like they "were trying to work out some compromise wherein the trial court could distinguish between official and unofficial acts, then instruct the jury not to impose criminal liability on the former."
"It was fascinating to watch Barrett nodding along as Dreeben pitched a compromise that would largely preserve Smith's January 6 prosecution but limit what the jury could hear, or at least consider," Stern added. "That, though, would take months to suss out in the trial court. More delays!"
Stern and other experts signaled that the decision likely comes down to Barrett and Chief Justice John Roberts, with the three liberals seemingly supporting the prosecution of Trump and the other four conservatives suggesting it is unconstitutional.
People for the American Way president Svante Myrick said in a statement that "today's argument brought both good and bad news. It was chilling to hear Donald Trump's lawyer say that staging a military coup could be considered part of a president's official duties."
"Thankfully, the majority of the court, including conservative justices, did not seem to buy that very broad Trump argument that a former president is absolutely immune from prosecution under any circumstances," Myrick added. "On the other hand, it's not clear that there is a majority on this court that will quickly reject the immunity arguments and let the case go forward in time for a trial before the election. That's a huge concern."
Trump was not at the Supreme Court on Thursday; he was at his trial in New York, where he faces 34 counts for allegedly falsifying business records related to hush money payments to cover up sex scandals during the 2016 election cycle. The are two other cases: a federal one for mishandling classified material and another in Georgia for interfering with the last presidential contest.
Keep ReadingShow Less
Most Popular