The Senate Judiciary Committee held a confirmation hearing last Thursday for Andrew Hurwitz to the United States Circuit Court for the Ninth Circuit and for Kristine Baker, John Lee, John Tharp, Jr., and George Russell III to United States District Court seats in the Eastern District of Arkansas, the Northern District of Illinois, the Northern District of Illinois, and the District of Maryland, respectively.Senator Durbin (D-IL) chaired the hearing and Senator Kyl (R-AZ) attended as well. The hearing was uneventful, with Senators Durbin and Kyl both congratulating the nominees on their nominations...
The State of the Union
var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })(); ** UPDATE: THIS ALERT IS NO LONGER ACTIVE ** With America's judicial vacancy crisis...
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action alerts
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judicial selection
Supreme Court Extends 4th Amendment Protections in GPS Monitoring Case
On Monday, the Supreme Court delivered a limited victory (.pdf download) for privacy rights in United States v. Jones, holding that the police performed an unconstitutional search in this case. Although the majority opinion and two concurrences relied on different legal analyses, the decision signals the Court’s concern about the implications of new technologies for the Fourth Amendment’s protection of individual privacy.District of Columbia police suspected Antoine Jones, a nightclub owner, of being involved in cocaine distribution. The warrant obtained by prosecutors allowed police to place...
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supreme court
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united states v. jones
President Obama's State of the Union Address Highlights the Sorry State of the Judicial Nominations Process
PRESS RELEASEWashington, D.C., January 24, 2012—Alliance for Justice President Nan Aron issued the following statement about President Barack Obama’s call for action on judicial nominations during the State of the Union address:With the nation’s federal courts in crisis, and with one in nine judgeships vacant, we applaud President Obama for using tonight’s State of the Union address to highlight the need for urgent Senate action on his judicial nominations. Relentless, unprecedented obstruction by Republicans threatens to create the almost unimaginable possibility that by the end of the President’s...
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judicial selection
Corporate Court Rules for Industry in Slaughterhouse Case
Yesterday, the Supreme Court handed down its decision (.pdf download) in National Meat Association v. Harris, holding that a California state law requiring the humane handling of sick or disabled animals destined for slaughter was preempted by the federal law governing slaughterhouses.In January 2008, the Humane Society released undercover video depicting sick and disabled cows (“downer” or “non-ambulatory” animals) being beaten, kicked, shocked, and dragged by forklifts and chains on their way to slaughter. In addition to raising concerns about animal welfare, the video inspired grave concerns...
Senate Confirms Gerrard to the District of Nebraska
The Senate last night confirmed Judge John Gerrard to be a United States District Court judge for the District of Nebraska. Judge Gerrard was confirmed by a bipartisan vote of 74-16. The Senate’s action leaves 18 other judicial nominees waiting on the floor for their confirmation votes, 17 of whom were reported out of committee either unanimously or with strong bipartisan support. For the most accurate, up-to-date information on the judicial selection process, visit AFJ's Judicial Selection pag...
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district of nebraska
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judicial selection
Citizens United, Two Years Later
Two years ago Saturday, the Supreme Court issued what may be its most pro-corporate decision yet, in the now-infamous case of Citizens United v. FEC (.pdf download). The case has become emblematic of the Corporate Court.There is no doubt that Citizens United is an important decision because of its effects on our electoral process. But it is also important because the decision is yet another brick in the wall of privilege that the Supreme Court has been building for the largest corporations. In the last year alone, the Supreme Court has:made it easier for corporations to escape liability...
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citizens united v. fec
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supreme court
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the corporate court
The Court Chips Away at the Voting Rights Act
Guest post by Professor Bertrall Ross The headline from the Texas redistricting cases is that the Texas Republican Party won. But the true victors from the Supreme Court ruling in the consolidated cases are the jurisdictions covered under Section 5 of the Voting Rights Act – the jurisdictions required to obtain approval for districting changes.The unanimous holding that the federal court in San Antonio had not given enough deference to the state legislative districting determinations was rather unremarkable and mostly expected. The federal court had essentially constructed a new districting...
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perry v. perez
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supreme court
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voting rights
Supreme Court Sides with Texas in Redistricting Dispute
Last week, the Supreme Court issued a unanimous unsigned opinion (.pdf download) in the cases consolidated as Perry v. Perez, rejecting the interim electoral maps drawn by a three-judge district court panel in San Antonio for failing to defer adequately to the legislature’s choices. The decision is seen as a win for the Texas GOP.2010 Census data revealed that a population explosion and demographic change in Texas had left the state’s electoral maps in violation of the Constitution’s one-person, one-vote mandate and in need of being redrawn. Under Section 5 of the Voting Rights Act of 1965, Texas...
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perry v. perez
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supreme court
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voting rights
Wal-Mart Plaintiffs Continue Their Fight in Texas
Representing a class of 50,000 current and former female employees of Wal-Mart and Sam’s Club stores in Texas, plaintiffs have filed an amended complaint (.pdf download) in district court in the Northern District of Texas. The complaint alleges that Wal-Mart engages in widespread gender discrimination against its female employees throughout Texas in its pay and promotion policies and practices. This is the second regional lawsuit that plaintiffs have filed against Wal-Mart, following the June 2011 decision in which the Supreme Court reversed a lower court’s certification of a class of 1.5 million...
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northern district of texas
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wal-mart v. dukes
Senate Returns Next Week - Nominees on the Agenda
When the Senate returns from its recess next week, the Judiciary Committee will hold an Executive Business Meeting and a Nominations Hearing.On Thursday morning, the committee will hold an Executive Business Meeting at which Republicans will most likely delay a vote on Paul Watford, who has been nominated to fill a judicial emergency vacancy on the Ninth Circuit Court of Appeals.On Thursday afternoon, the committee will hold hearing on the nominations of Andrew David Hurwitz, also nominated to fill a seat on the Ninth Circuit, and of four district court nominees: Kristine Gerhard Baker, nominated...
Supreme Court Rules for Consumer in Robocall Case
The Supreme Court yesterday issued its decision in the case of Mims v. Arrow Financial Services, holding that state and federal courts have concurrent jurisdiction to hear civil suits brought by consumers who have fallen victim to illegal and harassing robocalls.Arrow Financial Services (“Arrow”) is an originator, servicer, and collector of private student loans. Marcus Mims claims that Arrow harassed him about student loan payments by repeatedly calling his cell phone with an automated dialing system and leaving prerecorded voicemails. Mims sued in federal district court and argued that Arrow’s...
A Decade of Guantanamo: Where Do We Stand Today?
var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })(); Ten years ago this week, the United States opened a detention facility at its naval base...
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guantanamo
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torture accountability
Supreme Court Rules Unanimously In Offshore Workers’ Comp Case
var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })(); This morning the Supreme Court issued its decision in Pacific Operators Offshore, LLP v....
Corporate Court Okays Religious School’s Discriminatory Firing of Teacher
var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })(); This morning the Supreme Court issued its decision in Hosanna Tabor Evangelical Lutheran...
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hosanna-tabor v. eeoc
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supreme court
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the corporate court
Corporate Court Finds No Federal Remedy for Constitutional Violations by Private Prison Contractors
The Supreme Court issued its decision today in Minneci v. Pollard (.pdf download), holding that employees of a private corporation operating a federal prison may not be held liable under federal law for committing constitutional violations. In so doing, the Court has left the 16% of the federal prison population that resides in privately-run facilities without a federal remedy when their jailers violate their constitutional rights.Richard Lee Pollard was incarcerated in a federal prison in Taft, California. The prison was operated under contract by a private company, Wackenhut Corrections Corp....
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minneci v. pollard
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supreme court
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the corporate court
Corporate Court Rules Once Again That Big Business May Force Arbitration
Today the Supreme Court issued its decision in CompuCredit v. Greenwood (.pdf download), ruling once again that corporations may force individual consumers to arbitrate their claims, thereby restricting consumers’ access to the courts.In an 8-1 opinion written by Justice Scalia, the Court held that the Credit Repair Organizations Act (CROA) is silent on whether or not claims under the Act may be arbitrated, therefore the Federal Arbitration Act (FAA) requires that the arbitration agreement be enforced. Plaintiff consumers filed a class action lawsuit against CompuCredit and other credit providers...
Corporate Court Hears Argument in Union Fee Case
Today, the Supreme Court will hear argument in the case of Knox v. SEIU, in which unions’ ability to engage in political advocacy on behalf of workers is at stake.Service Employees International Union (SEIU) represents 1.8 million people in health care and public service. Non-member public employees are required by California state law to pay SEIU a “fair share fee” to defray the costs of union representation on their behalf. To that end, each year SEIU sends its non-members a notice, as required by the Supreme Court, which informs non-members of their fair share fee and of their right to object...
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knox v. seiu
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supreme court
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the corporate court
Asking the Supreme Court to Do the Right Thing
The Alliance for Justice and ten other reform-minded organizations have sent a letter to the justices of the Supreme Court calling upon them to formally and voluntarily bind themselves to the Code of Conduct for United States Judges.The Code of Conduct applies to all other members of the federal judiciary; only the nine justices of the Supreme Court are exempt. The members of the Court state that they look to the Code for guidance and act as if bound by it; however, behavior by some of the justices, including attending and speaking at overtly political gatherings and participating in fundraisers,...
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a question of integrity
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action alerts
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ethics
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supreme court
The Preclearance Flaw
Guest post by Professor Bertrall Ross The consolidated cases of Perry v. Perez, Perry v. Perez, and Perry v. Davis (the Texas redistricting cases) highlight for the first time an important flaw in the preclearance mechanism under Section 5 of the Voting Rights Act that is central to the case. This flaw arose because Congress in 1965 did not foresee preclearance being applied to the mandatory change of decennial reapportionment. In fact, congressional focus at the time of enactment in 1965 was on deterring jurisdictions with a history of voting discrimination (covered jurisdictions) from...
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perry v. perez
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supreme court
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voting rights
Corporate Court To Hear Argument in Clean Water Act Case
var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })(); On Monday, the Supreme Court will hear argument in the case of Sackett v. EPA, in which the...
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general electric v. jackson
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sackett v. epa
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supreme court
Supreme Court to Hear Texas Voting-Rights Case
On Monday, the Supreme Court will hear argument in the consolidated cases of Perry v. Perez, Perry v. Perez, and Perry v. Davis, in which the voting rights of the African-American and Latino citizens of Texas are at stake.The state of Texas has experienced tremendous population growth and demographic change in recent years. The 2010 Census revealed that the state population had grown by more than one fifth – or 4.2 million – over the previous decade. A majority of that growth came from the Latino population, which increased by 2.8 million. As a result, the state electoral maps required a major...
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perry v. perez
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supreme court
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voting rights
Too Many Victims
var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-2327420-4']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })(); This Sunday is the anniversary of the tragic shootings in Tucson that left six dead and thirteen...
Neoliberal Lochnerism: Can Government Balance Out Private Economic Power?
Guest post by Professor Jedediah PurdyA batch of recent Supreme Court decisions have increased constitutional protection for private economic power. They suggest a trend that, if it comes to fruition, will be to our economy what the infamous Lochner jurisprudence was to newly industrialized America a hundred years ago. The pattern is a new eagerness to strike down economic and political regulations in favor of the freedom to buy, sell, and spend. The most infamous example is Citizens United, which invalidated limits on corporate campaign spending under the First Amendment. In other cases, the...
Ten Years Too Many
Wednesday, January 11th marks the 10th anniversary of the arrival of the first prisoners at Guantanamo Bay. It will also be three years since President Obama pledged to close the detention facility.Next Wednesday, the National Religious Campaign Against Torture (NRCAT) and broad a coalition of religious and human rights organizations will join together in Washington, DC to raise a voice of faith and conscience to mark this anniversary and send a message to the president and Congress that this is “10 Years Too Many."You can learn more and register to participate in the rally here.Noon - Rally...
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torture accountability
Report Outlines Bush Administration Torture Policy, Calls for Investigations and Prosecutions
Human Rights USA, a non-profit human rights organization, released a report today entitled “Indefensible: A Reference for Prosecuting Torture and Other Felonies Committee by U.S. Officials Following September 11th.” The report presents detailed evidence that torture was the official policy of the Bush administration and that high-ranking Bush administration officials planned and authorized the illegal interrogation techniques which were used against detainee terror suspects in the aftermath of September 11th. The report calls for repudiation of torture by the U.S. government and accountability...
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torture accountability
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tortured law
Chief Justice Roberts Notes Ethics Controversies
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chief justice john roberts
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ethics
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supreme court