October, 27 2020, 12:00am EDT
Justice Amy Coney Barrett Must Recuse Herself from Any Election Litigation
Statement of Karen Hobert Flynn, President of Common Cause
WASHINGTON
Americans expect and deserve an impartial judiciary. Justice Amy Coney Barrett owes it to the American people to recuse herself from any litigation related to the 2020 Election. She would do grave harm to the integrity and reputation of the U.S. Supreme Court if she were to rule on any election litigation.
Her nomination and confirmation were rammed through the Senate in just over four weeks. And by the time she was sworn in, more than 60 million Americans had already voted in the 2020 election.
Justice Barrett has an obvious and enormous conflict of interest that is addressed by federal law. Justices are required to recuse themselves if their "impartiality might reasonably be questioned." The Supreme Court approved of this legal standard in a case back in 2009, where the Court also concluded that the Constitution's Due Process protections required a judge to recuse himself due to an election-related conflict.
President Trump made explicit that he wanted a tie-breaking justice in place to decide any election-related litigation that reaches the Court. The President's stated motivation, combined with the frantic pace of her confirmation (eight days before the election), requires Justice Barrett to recuse in any election-related cases. It is obvious that her impartiality might "reasonably be questioned," to say nothing of the fact that the President is known to demand loyalty.
Any participation in litigation related to the ongoing election by Justice Barrett would reek of partisan bias and would damage the Court's independence. She must put the country and the integrity of the Supreme Court before the interests of the President who nominated her to our nation's highest court. Any participation would put an asterisk on the resulting decision. Justice Barrett has no business deciding any case related to this election and she must recuse herself.
To view this statement online, click here.
Common Cause is a nonpartisan, grassroots organization dedicated to upholding the core values of American democracy. We work to create open, honest, and accountable government that serves the public interest; promote equal rights, opportunity, and representation for all; and empower all people to make their voices heard in the political process.
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New Jersey Governor Signs Freedom to Read Act Barring Book Bans
The law, said the Democrat, "cements New Jersey's role on the forefront of preventing book bans and protecting the intellectual freedom of our educators and students."
Dec 09, 2024
Democratic New Jersey Gov. Phil Murphy on Monday signed legislation protecting librarians and prohibiting public schools and libraries from banning books—a move that came as Republican state lawmakers are proscribing a record number of titles, many of them works addressing sexual orientation, gender identity, and racial injustice.
Flanked by educators, librarians, and other advocates, Murphy signed
A.3446/S.2421—known as the Freedom to Read Act—in the Princeton Public Library.
"The Freedom to Read Act cements New Jersey's role on the forefront of preventing book bans and protecting the intellectual freedom of our educators and students," said Murphy. "Across the nation, we have seen attempts to suppress and censor the stories and experiences of others. I'm proud to amplify the voices of our past and present, as there is no better way for our children to prepare for the future than to read freely."
According to a statement from Murphy's office:
Under the law, boards of education and governing boards of public libraries are barred from excluding books because of the origin, background, or views of the material or of its authors. Further, boards of education and governing boards of public libraries are prevented from censoring library material based on a disagreement with a viewpoint, idea, or concept, or solely because an individual finds certain content offensive, unless they are restricting access to developmentally inappropriate material for certain age groups.
The legislation "also provides protections for library staff members against civil and criminal lawsuits related to complying with this law."
New Jersey Association of School Librarians President Karen Grant said that "the Freedom to Read Act recognizes the professionalism, honor, work ethics, and performance of school and public library staff" and "promotes libraries as trusted sources of information and recognizes the many roles that libraries play in students' lives."
"The bill will protect the intellectual freedom of students as well as acknowledge that school libraries are centers for voluntary inquiry, fostering students' growth and development," Grant added. "Additionally, we are grateful for the broad coalition of support from so many organizations for this legislation."
The leader of one of those groups—Garden State Equality executive director Christian Fuscarino—said, "Gov. Murphy just made it clear: In New Jersey, censorship loses, and freedom wins."
"At a time when access to diverse and inclusive materials is under attack across the nation, this legislation sends a powerful message that New Jersey will stand firm in protecting intellectual freedom and fostering a culture of understanding and inclusion," Fuscarino added.
The New Jersey law comes amid a near-tripling in the number of books banned or challenged by Republican state lawmakers and right-wing organizations over the past year, with PEN America counting over 10,000 such titles during the 2023-24 academic year—up from 3,362 titles during the previous scholastic year.
With Murphy's signature, New Jersey joins Minnesota and Illinois in passing state legislation to counter GOP book-banning efforts.
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Progressives in Congress and other migrant rights advocates sharply criticized U.S. President-elect Donald Trump for his comments on immigration during a Sunday interview, including on his hopes to end birthright citizenship.
During a 76-minute interview with NBC News' Kristen Welker, Trump said he "absolutely" intends to end birthright citizenship, potentially through executive order, despite the 14th Amendment to the U.S. Constitution. Among many lies the Republican told, he also falsely claimed that the United States is the only country to offer citizenship by birth; in fact, there are dozens.
In response,
outgoing Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) said on social media Monday: "This is completely un-American. The 14th Amendment guarantees birthright citizenship. Trump cannot unilaterally end it, and any attempt to do so would be both unconstitutional and immoral."
Congresswoman Gwen Moore (D-Wis.) similarly stressed that "birthright citizenship is enshrined in the Constitution as a cornerstone of American ideals. It reflects our belief that America is the land of opportunity. Sadly, this is just another in the long line of Trump's assault on the U.S. Constitution."
Rep. Delia Ramirez (D-Ill.), the daughter of Guatemalan immigrants, said in a statement: "'Give me your tired, your poor, your huddled masses yearning to breathe free.' It is important to remember who we are, where many of us came from, and why many of our families traveled here to be greeted by the Mother of Exiles, the Statue of Liberty."
Ramirez argued that "the story of our nation wouldn't be complete without the sweat, tears, joy, dreams, and hopes of so many children of immigrants who are citizens by birthright and pride themselves on being AMERICANS. It is the story of so many IL-03 communities, strengthened by the immigration of people from Poland, Ukraine, Italy, Mexico, and Guatemala, among others. It is the story of many members of Congress who can point to the citizenship of their forebears and ancestors because of immigration and birthright."
"Let's be clear: Trump is posing the question of who gets to be an American to our nation. And given that today's migrants are from Africa, Asia, the Caribbean, and Latin and Central America, it is clear he is questioning who are the 'right' people to benefit from birthright citizenship," she continued. "Questioning birthright citizenship is anti-American, and eliminating it through executive action is unconstitutional. Donald Trump knows that."
"But emboldened by a Supreme Court that would use its power to uphold white supremacy rather than the Constitution of our nation, Trump is on a mission to weaken the very soul of our nation," she warned. "I—like many sons and daughters of immigrants and first-generation Americans—believe in and fight for a land of freedom, opportunities, and equality. To live into that promise, we must stand against white nationalism—especially when it is espoused at the highest levels of government."
Although Republicans are set to control both the U.S. Senate and the House of Representatives next year, amending the Constitution requires support from two-thirds of both chambers of Congress and three-fourths of the state legislatures, meaning that process is unlikely to be attempted for this policy.
Rep. Adriano Espaillat (D-N.Y.) highlighted the difficulties of passing constitutional amendments while discussing Trump in a Monday appearance on CNN. The incoming chair of the Congressional Hispanic Caucus was born in the Dominican Republic and is the first formerly undocumented immigrant elected to Congress.
As Mother Jones reporter Isabela Dias detailed Monday:
Critics of ending birthright citizenship for the U.S.-born children of undocumented immigrants argue it would not only constitute bad policy, but also a betrayal of American values and, as one scholar put it to me, a "prelude" to mass deportation.
"It's really 100 years of accepted interpretation," Hiroshi Motomura, a scholar of immigration and citizenship at UCLA's law school, told me of birthright citizenship. Ending birthright citizenship would cut at the core of the hard-fought assurance of equal treatment under the law, he said, "basically drawing a line between two kinds of American citizens."
Trump's NBC interview also addressed his long-promised mass deportations. The president-elect—whose first administration was globally condemned for separating migrant families at the southern border and second administration is already filling up with hard-liners—suggested Sunday that he would deport children who are U.S. citizens with undocumented parents.
"I don't want to be breaking up families, so the only way you don't break up the family is you keep them together and you have to send them all back," Trump told Welker.
Responding in a Monday statement, America's Voice executive director Vanessa Cárdenas said, "There's a growing consensus that the Trump mass deportation agenda will hit American consumers and industries hard, but the scope of what Trump and his team are proposing goes well beyond the economic impact."
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"Drilling for oil in the Arctic National Wildlife Refuge is all risk with no reward," said one advocate.
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Under the 2017 Tax Cuts and Jobs Act, which opened the refuge for oil and gas drilling, the Biden administration announced the second of two lease sales, set to be held on January 9, 2025.
The first Trump administration held the initial lease sale in 2021, but with banks and insurance companies increasingly reticent to back drilling projects in the area, it generated little interest and led to less than 1% of the projected sale revenue.
Releasing its final record of decision, the Interior Department said Monday that 400,000 acres of wilderness in the refuge's 1.6-million-acre northwest Coastal Plain would be put up for bidding at a minimum price of $30 per acre—despite vocal opposition from the Gwich'in Nation and the Iñupiat Alaska Natives.
The land supports local communities as well as porcupine caribou herds and polar bears.
"Our way of life, our food security, and our spiritual well-being is directly tied to the health of the caribou and the health of this irreplaceable landscape," Kristen Moreland, executive director of Gwich'in Steering Committee, toldBloomberg News. "Every oil company stayed away from the first lease sale, and we expect them to do the same during the second."
The record of decision concludes the Bureau of Land Management's process for developing a supplemental environmental impact statement, which was required after President-elect Donald Trump's first administration completed an analysis with "fundamental flaws and legal errors," as the Sierra Club said Monday.
Selling the drilling rights just before Trump takes office could complicate the GOP's plans to hold a more expansive sale later on, but Dan Ritzman, director of Sierra Club's Conservation Campaign, emphasized that regardless of who is in office when the sale takes place, "oil and gas development in the Arctic Refuge is a direct threat to some of the last untouched landscapes on Alaska's North Slope and to the caribou herds that the Gwich'in people rely on."
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