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Barrett bats away tough Democratic confirmation probing
Press Release | 2020/10/15 16:39
Supreme Court nominee Amy Coney Barrett batted away Democrats’ skeptical questions Tuesday on abortion, health care and a possible disputed-election fight over transferring presidential power, insisting in a long and lively confirmation hearing she would bring no personal agenda to the court but decide cases “as they come.”

The 48-year-old appellate court judge declared her conservative views with often colloquial language, but refused many specifics. She declined to say whether she would recuse herself from any election-related cases involving President Donald Trump, who nominated her to fill the seat of the late Justice Ruth Bader Ginsburg and is pressing to have her confirmed before the the Nov. 3 election.

“Judges can’t just wake up one day and say I have an agenda ? I like guns, I hate guns, I like abortion, I hate abortion ? and walk in like a royal queen and impose their will on the world,” Barrett told the Senate Judiciary Committee during its second day of hearings.

“It’s not the law of Amy,” she said. “It’s the law of the American people.”

Barrett returned to a Capitol Hill mostly shut down by COVID-19 protocols, the mood quickly shifting to a more confrontational tone  from opening day. She was grilled by Democrats strongly opposed to Trump’s nominee yet unable to stop her. Excited by the prospect of a judge aligned with the late Antonin Scalia, Trump’s Republican allies are rushing ahead to install a 6-3 conservative court majority for years to come.

The president seemed pleased with her performance. “I think Amy’s doing incredibly well,” he said at the White House departing for a campaign rally.

Trump has said he wants a justice seated for any disputes arising from his heated election with Democrat Joe Biden, but Barrett testified she has not spoken to Trump or his team about election cases. Pressed by panel Democrats, she skipped past questions about ensuring the date of the election or preventing voter intimidation, both set in federal law, and the peaceful transfer of presidential power. She declined to commit to recusing herself from any post-election cases without first consulting the other justices.

“I can’t offer an opinion on recusal without short-circuiting that entire process,” she said.

A frustrated Sen. Dianne Feinstein, the top Democrat on the panel, all but implored the nominee to be more specific about how she would handle landmark abortion cases, including Roe v. Wade and the follow-up Pennsylvania case Planned Parenthood v. Casey, which confirmed it in large part.



What Supreme Court? Trump's HHS pushes LGBT health rollback
Press Release | 2020/06/17 00:14
The Trump administration Friday moved forward with a rule that rolls back health care protections for transgender people, even as the Supreme Court barred sex discrimination against LGBT individuals on the job.

The rule from the Department of Health and Human Services was published in the Federal Register, the official record of the executive branch, with an effective date of Aug. 18. That will set off a barrage of lawsuits from gay rights and women's groups. It also signals to religious and social conservatives in President Donald Trump's political base that the administration remains committed to their causes as the president pursues his reelection.

The Trump administration rule would overturn Obama-era sex discrimination protections for transgender people in health care.

Strikingly similar to the underlying issues in the job discrimination case before the Supreme Court, the Trump health care rule rests on the idea that sex is determined by biology. The Obama version relied on a broader understanding shaped by a person's inner sense of being male, female, neither, or a combination.

Writing for the majority in this week's 6-3 decision, Justice Neil Gorsuch said, "An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.


Texas clinics ask Supreme Court to abortions during pandemic
Press Release | 2020/04/11 18:43
Abortion clinics in Texas on Saturday asked the Supreme Court to step in to allow certain abortions to continue during the coronavirus pandemic.

The clinics filed an emergency motion asking the justices to overturn a lower-court order and allow abortions when they can be performed using medication.

Texas Gov. Greg Abbott issued an executive order last month that bars non-essential medical procedures so that medical resources can go to treating coronavirus patients. Texas' attorney general has said that providing abortions other than for an immediate medical emergency would violate the order.

A three-judge panel of the 5th U.S. Circuit Court of Appeals on Friday allowed abortions to proceed in cases where a woman would be beyond 22 weeks pregnant, the legal limit for abortions in Texas, on April 22, the day after the governor's order barring non-essential medical procedures is set to expire.


Unions in court over laws limiting Wisconsin governor, AG
Press Release | 2019/03/22 02:03
Laws passed by the Republican-controlled Wisconsin Legislature during a lame-duck session in December that weakened powers of the Democratic governor and attorney general were back before a circuit judge Monday, less than a week after another judge struck them down as unconstitutional.

Republicans appealed last week's ruling, and the state appeals court could rule as soon as Monday on that request to immediately reinstate the laws and put last week's ruling on hold.

Gov. Tony Evers moved quickly after last week's order to rescind 82 of former Republican Gov. Scott Walker's appointments that the state Senate confirmed during the lame-duck session. And Attorney General Josh Kaul, at Evers' order, moved to withdraw Wisconsin from a multi-state lawsuit seeking repeal of the Affordable Health Care Act, a power taken away from him during the lame-duck session.

The judge last week ruled that the laws were illegally passed because the type of session lawmakers used to meet in December was unconstitutional. Republicans called themselves into "extraordinary session" to pass the bills, but Dane County Circuit Judge Richard Niess said there was no basis in state law to call such sessions.

The attorney for Republican lawmakers, Misha Tseytlin, argued that the ruling jeopardizes the validity of thousands of other laws passed during extraordinary sessions.

That case was brought by the League of Women Voters and other groups.

The lawsuit being heard Monday was filed by a coalition of five unions. They argue that the laws violate the state constitution's separation of powers doctrine because they take power from the executive branch and transfer them to the Legislature.

Republicans counter that the laws are constitutional and ensure a proper balance of power between the executive and legislative branches.

The case is being heard by Dane County Circuit Judge Frank Remington. The judge held oral arguments on Monday, beginning the proceedings by informing all the parties that he's already drafted a written decision but wanted clarifications. He blocked off the entire day for the hearing.


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