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Justices to weigh Trump census plan to exclude noncitizens
Legal Business |
2020/10/17 09:51
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The Supreme Court agreed Friday to take up President Donald Trump’s policy, blocked by a lower court, to exclude people living in the U.S. illegally from the census count that will be used to allocate seats in the House of Representatives. Never in U.S. history have immigrants been excluded from the population count that determines how House seats, and by extension Electoral College votes, are divided among the states, a three-judge federal count said in September when it held Trump’s policy illegal.
The justices put the case on a fast track, setting arguments for Nov. 30. A decision is expected by the end of the year or early in January, when Trump has to report census numbers to the House. Trump’s high court nominee, Amy Coney Barrett, could take part in the case if, as seems likely, she is confirmed by then. Last year, the court by a 5-4 vote barred Trump from adding a census question asking people about their citizenship. Justice Ruth Bader Ginsburg, who died last month, was part of that slim majority. Barrett would take Ginsburg’s seat.
“President Trump has repeatedly tried ? and failed ? to weaponize the census for his attacks on immigrant communities. The Supreme Court rejected his attempt last year and should do so again,” said American Civil Liberties Union lawyer Dale Ho, representing a coalition of immigrant advocacy groups that challenged Trump’s plan in court.
Trump left it to Commerce Secretary Wilbur Ross, who oversees the Census Bureau, to figure out how many immigrants are not living legally in each state. The outcome of the census case could affect the distribution of political power for the next 10 years. The census also helps determine the distribution of $1.5 trillion in federal funding annually. The administration told the court that the president retains “discretion to exclude illegal aliens from the apportionment based on their immigration status.”
Trump’s violation of federal law is “not particularly close or complicated,” the ACLU said in a court filing arguing that the court shouldn’t hear the case. The Supreme Court separately allowed the administration to end the actual census count this week, blocking a court order that would have kept the count going until the end of the month.
The court did not take action on two other administration appeals of controversial policies on asylum seekers and the border wall that also were ruled illegal by lower courts. Since early last year, the administration has made asylum-seekers wait in Mexico for U.S. court hearings, which has forced tens of thousands of people to return to Mexico. |
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Pennsylvania high court to settle voter signatures fight
Headline Legal News |
2020/10/14 09:52
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Pennsylvania’s highest court granted a request Wednesday to wade into a fight over whether counties should count mail-in ballots when a voter’s signature doesn’t necessarily match the one on their registration. In its brief order, the state Supreme Court said it will decide the matter after a filings deadline in the case on Friday.
In guidance last month to counties, Secretary of State Kathy Boockvar, a Democrat, told them that state law does not require or permit them to reject a mail-in ballot solely over a perceived signature inconsistency. After President Donald Trump’s campaign contested that guidance in a federal court case, Boockvar asked the court to back up her guidance.
Rejection of ballots over signatures poses “a grave risk of disenfranchisement on an arbitrary and wholly subjective basis,” Boockvar’s court filing said. Trump’s campaign asked a federal judge to declare that Boockvar’s guidance is unconstitutional and to block counties from following that guidance. The judge dismissed the case on Saturday.
However, state Republican lawmakers oppose Boockvar’s guidance to counties, saying in court filings that it would “rewrite existing law,” while disrupting Pennsylvania’s “clear and unambiguously crafted procedures for determining and challenging the validity” of a mail-in or absentee ballot. Boockvar’s guidance to counties comes amid a surge in mail-in voting and rising concerns that tens of thousands of mail-in ballots will be discarded in the presidential election over a variety of technicalities.
The fight over signatures is one of many partisan battles being fought in the state Legislature and the courts over mail-in voting in Pennsylvania, amid warnings that a presidential election result will hang in limbo for days on a drawn-out vote count in Pennsylvania. After President Donald Trump’s campaign contested that guidance in a federal court case, Boockvar asked the court to back up her guidance.
Rejection of ballots over signatures poses “a grave risk of disenfranchisement on an arbitrary and wholly subjective basis,” Boockvar’s court filing said. Trump’s campaign asked a federal judge to declare that Boockvar’s guidance is unconstitutional and to block counties from following that guidance. The judge dismissed the case on Saturday. However, state Republican lawmakers oppose Boockvar’s guidance to counties, saying in court filings that it would “rewrite existing law,” while disrupting Pennsylvania’s “clear and unambiguously crafted procedures for determining and challenging the validity” of a mail-in or absentee ballot.
Boockvar’s guidance to counties comes amid a surge in mail-in voting and rising concerns that tens of thousands of mail-in ballots will be discarded in the presidential election over a variety of technicalities. The fight over signatures is one of many partisan battles being fought in the state Legislature and the courts over mail-in voting in Pennsylvania, amid warnings that a presidential election result will hang in limbo for days on a drawn-out vote count in Pennsylvania.
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Senate Judiciary sets vote on Barrett, Dems decry ‘sham’
Law News |
2020/10/11 09:52
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The Senate Judiciary Committee set Oct. 22 for its vote to advance Judge Amy Coney Barrett for the Supreme Court on Thursday as Democrats threw pointed objections but were unable to stop the Republicans’ drive to confirm President Donald Trump’s pick before the Nov. 3 election. The panel’s action clears a key hurdle to recommend Barrett’s nomination to the full Senate for a final vote by month’s end.
“A sham,” said Sen. Amy Klobuchar, D-Minn. “Power grab,” decried Sen. Richard Blumenthal, D-Conn. “Not normal,” said Sen. Dick Durbin, D-Ill. “You don’t convene a Supreme Court confirmation hearing, in the middle of a pandemic, when the Senate’s on recess, when voting has already started in the presidential election in a majority of states,” declared Sen. Chris Coon, D-Del.
But Republicans countered that Trump is well within bounds as president to fill the court vacancy, and the GOP-held Senate has the votes to push Trump’s nominee to confirmation. Sen. John Cornyn, R-Texas, said he understands Democrats’ “disappointment, but I think their loss is the American people’s gain.” Barrett’s confirmation to take the seat of the late Justice Ruth Bader Ginsburg is on track to lock a conservative majority on the court for years to come. The shift would cement a 6-3 conservative majority on the court and would be the most pronounced ideological change in 30 years, from the liberal icon to the conservative appeals court judge.
The committee’s session Thursday was without Barrett after two long days of public testimony in which she stressed that she would be her own judge and sought to create distance between herself and past positions critical of abortion, the Affordable Care Act and other issues. Facing almost 20 hours of questions from senators, the 48-year-old judge was careful not to take on the president who nominated her. She skipped past Democrats’ pressing questions about ensuring the date of next month’s election or preventing voter intimidation, both set in federal law, and the peaceful transfer of presidential power.
She also refused to express her view on whether the president can pardon himself. “It’s not one that I can offer a view,” she said in response to a question Wednesday from Democratic Sen. Patrick Leahy of Vermont. When it came to major issues that are likely to come before the court, including abortion and health care, Barrett repeatedly promised to keep an open mind and said neither Trump nor anyone else in the White House had tried to influence her views.
“No one has elicited from me any commitment in a case,” she said. Nominees typically resist offering any more information than they have to, especially when the president’s party controls the Senate, as it does now. But Barrett wouldn’t engage on topics that seemed easy to swat away, including that only Congress can change the date that the election takes place.
She said she was not on a “mission to destroy the Affordable Care Act,” though she has been critical of the two Supreme Court decisions that preserved key parts of the Obama-era health care law. She could be on the court when it hears the latest Republican-led challenge on Nov. 10. Barrett is the most open opponent of abortion nominated to the Supreme Court in decades, and Democrats fear that her ascension could be a tipping point that threatens abortion rights.
There was no hiding her views in at least three letters and ads she signed over 15 years and her membership in Notre Dame’s Faculty for Life. So Republican senators embraced her stance, proudly stating that she was, in Graham’s words, an “unashamedly pro-life” conservative who is making history as a role model for other women.
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Court blocks extension of Wisconsin absentee ballot deadline
Headline Legal News |
2020/10/08 20:36
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A federal appeals court on Thursday blocked a decision to extend the deadline for counting absentee ballots by six days in battleground Wisconsin, in a win for Republicans who have fought attempts to expand voting across the country. If the ruling stands, absentee ballots will have to be delivered to Wisconsin election clerks by 8 p.m. on Election Day if they are to be counted.
The ruling makes it more likely that results of the presidential race in the pivotal swing state will be known within hours of poll closing. Democrats almost certainly will appeal the decision to the U.S. Supreme Court. A spokesman and an attorney didn’t immediately respond to requests for comment.
Under state law, absentee ballots are due in local clerks’ offices by 8 p.m. on election night. But Democrats and allied groups sued to extend the deadline after the April presidential primary saw long lines, fewer polling places, a shortage of poll workers and thousands of ballots mailed days after the election. Wisconsin, like much of the rest of the country, is already seeing massive absentee voting for November and the state expects as many as 2 million people to vote absentee.
U.S. District Judge William Conley ruled last month that any ballots that arrive in clerk’s offices by Nov. 9 will be counted, as long as they are postmarked by Nov. 3. In that ruling, Conley noted the heavy absentee load and the possibility it could overwhelm election officials and the postal service.
The 7th Circuit Court judges initially upheld Conley’s ruling on Sept. 29, rejecting the Republicans’ standing to intervene. After the Wisconsin Supreme Court affirmed that standing, the same three-judge panel delivered Thursday’s ruling. Justices Frank Easterbrook and Amy St. Eve voted to stay the order and Ilana Rovner opposed. |
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High Court Won't Take up Ex-Kentucky Clerk Kim Davis' Case
Legal Business |
2020/10/05 09:15
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The Supreme Court is leaving in place a decision that allowed a lawsuit to move forward against a Kentucky clerk who was jailed in 2015 after refusing to issue marriage licenses to same-sex couples.
The high court said Monday it would not take the case involving Kim Davis, the former clerk of Rowan County, and two same-sex couples who had sued her. Soon after the 2015 Supreme Court decision in which same-sex couples won the right to marry nationwide, Davis, a Christian who has a religious objection to same-sex marriage, stopped issuing all marriage licenses.
That led to lawsuits against her, and a judge ordered Davis to issue the licenses. She spent five days in jail after refusing. Davis had argued that a legal doctrine called qualified immunity protected her from being sued for damages by couples David Ermold and David Moore as well as James Yates and Will Smith. Their case will now move forward. Davis, a Republican, ultimately lost her bid for reelection in 2018. Democrat Elwood Caudill Jr. is now the county’s clerk.
Supreme Court justice Clarence Thomas wrote for himself and Justice Samuel Alito that while he agreed with the decision not to hear the case, it was a "stark reminder of the consequences" of the court's 2015 decision in the same-sex marriage case. Because of that case, he wrote, “those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate in society without running afoul" of the case “and its effect on other antidiscrimination laws.” |
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