The Supreme Court’s landmark ruling extending workplace discrimination protection to cover sexual orientation and gender identity was cheered by LGBTQ people and allies. Indeed, the June 15 decision represents a big win in the fight for LGBTQ equality.
But buried towards the end of a 33-page majority opinion written by conservative stalwart Justice Neil Gorsuch is a sober warning that those celebrating the decision might have initially missed.
Showing posts with label Neil Gorsuch. Show all posts
Showing posts with label Neil Gorsuch. Show all posts
Sunday, June 28, 2020
Tuesday, July 30, 2019
Let’s get "mad as hell" about the vital information we won't get to see
The U.S. Supreme Court last month said we can’t see certain kinds of information we may well need to participate in democracy as self-governing citizens. To paraphrase a line from “Network,” the movie and play recently on Broadway, we should be “mad as hell” about it.
The court ruled, 6-3, in Food Marketing Institute v. Argus Leader Media, that the Freedom of Information Act (FOIA) does not provide the public with access to records from private companies given to a federal agency if the agency obtained the information with a promise to keep it secret.
In the decision, the court voided a decades-long practice — supported by lower court decisions — that such “confidential” information could be released unless it caused “substantial harm” to the business, with an eye toward disclosures in the public interest related to safety concerns, or to the exposing of waste, fraud or abuse, among other points.
The court ruled, 6-3, in Food Marketing Institute v. Argus Leader Media, that the Freedom of Information Act (FOIA) does not provide the public with access to records from private companies given to a federal agency if the agency obtained the information with a promise to keep it secret.
In the decision, the court voided a decades-long practice — supported by lower court decisions — that such “confidential” information could be released unless it caused “substantial harm” to the business, with an eye toward disclosures in the public interest related to safety concerns, or to the exposing of waste, fraud or abuse, among other points.
Thursday, November 8, 2018
Big Business’s bonanza week in the Supreme Court
Large corporations and special interests often target the legal rights of consumers and workers in an effort to increase their profits. Now, with the confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court, a 5-4 conservative majority is even more likely to rule in favor of big business.
Last week, the Supreme Court began its November sitting, hearing oral arguments in six cases. Four of these cases threaten to undermine consumer and labor rights; issues include forced arbitration, class-action lawsuits, and overseas liability. Over the past four decades, corporate interests have spent tens of millions of dollars supporting conservative nominees to the Supreme Court. Corporate interests primarily spend this money on ad campaigns for nominees that are targeted at the senators who will vote on these nominees’ confirmations. This trend accelerated over the past two years, as dark money organizations funded by pro-corporate sponsors spent more than $15 million to help ensure the confirmations of Justices Neil Gorsuch and Brett Kavanaugh.
Last week, the Supreme Court began its November sitting, hearing oral arguments in six cases. Four of these cases threaten to undermine consumer and labor rights; issues include forced arbitration, class-action lawsuits, and overseas liability. Over the past four decades, corporate interests have spent tens of millions of dollars supporting conservative nominees to the Supreme Court. Corporate interests primarily spend this money on ad campaigns for nominees that are targeted at the senators who will vote on these nominees’ confirmations. This trend accelerated over the past two years, as dark money organizations funded by pro-corporate sponsors spent more than $15 million to help ensure the confirmations of Justices Neil Gorsuch and Brett Kavanaugh.
Thursday, November 1, 2018
Sexual harassment in the judiciary: Women’s rights and safety are at stake
The past two years will almost certainly be remembered as a pivotal time when women fought back against institutionalized sexism. Both the Women’s March and the #MeToo movement, two landmark women’s empowerment efforts that gained global attention, shed light on a terrible truth that most women know all too well: Women in nearly every sector of society regularly face sexual violence or harassment.
Wednesday, August 15, 2018
Inside the Statehouse – Brett Kavanaugh to SCOTUS assures Trump a legacy
The appointment of a United States Supreme Court Justice is one of the most profound legacies that a U. S. President can achieve. The opportunity that President Donald Trump was given to appoint Neil Gorsuch to the High Tribunal last year will be a monumental achievement of the Trump administration.
The chance to name a second Supreme Court appointment will be a colossal legacy for the Trump presidency. The appointment of two seats on the Supreme Court has given Trump an indelible place in U.S. presidential history.
The chance to name a second Supreme Court appointment will be a colossal legacy for the Trump presidency. The appointment of two seats on the Supreme Court has given Trump an indelible place in U.S. presidential history.
Friday, December 1, 2017
Jason Fernandes: The quiet attacks on your rights you probably haven’t heard about
Last Tuesday, the Federal Communications Commission (FCC) released a plan to repeal Obama-era net neutrality rules. Their proposal would allow internet service providers to charge consumers more for higher streaming speeds or for access to certain websites, effectively opening a legal route to deny people access to a free and open internet based on their ability to pay. This came just a week after the FCC voted to roll back Lifeline, a program that helps low-income Americans pay for phone and broadband service.
Saturday, October 7, 2017
Trump’s anti-worker judges will outlast his administration
President Donald Trump is transforming the federal judiciary through dozens of nominees to lifetime positions as federal judges, and many of his nominees have a record of siding with corporations over workers. By appointing Justice Neil Gorsuch, Trump has ensured that the U.S. Supreme Court will become the same pro-corporate, anti-worker tribunal that it was when former Justice Antonin Scalia was on the court. With a reliable fifth conservative vote, the court has brought back cases that could hobble public employee unions and make it harder for employees to have their day in court if their employer does something wrong.
Monday, October 2, 2017
Supreme Court Preview: A Momentous Term
As rumors of major changes circulate around the Supreme Court, the stakes have never been higher. The court has only set approximately half of its cases for the term, and the schedule already includes five blockbusters. These cases span issues from political representation and discrimination to the right to trial and the ability to form strong unions; several stand to affect the fundamental rights of millions of Americans.
Thursday, June 22, 2017
The Courts have halted Trump’s bigoted policies, but the Senate wants to confirm all his judges
The federal courts have proven that they can effectively serve as a check on the Trump administration’s violations of the Constitution, even in the face of President Donald Trump’s attacks on judges. But that may not be true for much longer if the president is allowed to fill a record number of empty seats on the federal courts with judges who will rubber-stamp his agenda.
The administration has asked the U.S. Supreme Court to overturn two federal appeals courts’ rulings to strike down the president’s travel ban blocking entry of individuals from six Muslim-majority countries. Both courts, one based in Virginia and the other in California, found that the ban targeted a certain religion, citing Trump’s repeated pledges to bar Muslims from entering the United States. Another federal court recently ruled that the administration’s executive order targeting sanctuary cities is unconstitutional because the administration cannot unilaterally withhold funding that Congress has appropriated.
The administration has asked the U.S. Supreme Court to overturn two federal appeals courts’ rulings to strike down the president’s travel ban blocking entry of individuals from six Muslim-majority countries. Both courts, one based in Virginia and the other in California, found that the ban targeted a certain religion, citing Trump’s repeated pledges to bar Muslims from entering the United States. Another federal court recently ruled that the administration’s executive order targeting sanctuary cities is unconstitutional because the administration cannot unilaterally withhold funding that Congress has appropriated.
Sunday, April 30, 2017
Alex Rowell: Trump’s 100 days of failing working Americans
President Donald Trump ran for office promising to bring back good jobs, accusing entrenched corporate interests—as well as falsely blaming immigrants—for many Americans’ economic struggles. During the closing months of his presidential campaign, he spoke out against “economic decisions that have robbed our working class, stripped our country of its wealth and put that money into the pockets of a handful of large corporations and political entities.”
One hundred days into his administration, it is clear that Trump’s economic populism was mostly just talk. He has broken his promise to stand up for American workers, and his administration’s actions have combined the worst elements of right-wing policies: doing the bidding of corporate interests while attacking immigrants and people of color.
One hundred days into his administration, it is clear that Trump’s economic populism was mostly just talk. He has broken his promise to stand up for American workers, and his administration’s actions have combined the worst elements of right-wing policies: doing the bidding of corporate interests while attacking immigrants and people of color.
Tuesday, April 4, 2017
Five ways the nomination of Neil Gorsuch threatens women’s rights
The principle of equality is a cornerstone of American democracy. From our nation’s earliest history to the present day, there has been a robust discussion about how to realize the promise of equality in the everyday experiences of people across the country. But equality in the United States has come with an invisible asterisk: Its principles have not been uniformly enjoyed across different segments of society. Given this reality, people who face discrimination have always depended on the courts to protect their access to equal justice.
Tuesday, March 21, 2017
Judge Gorsuch threatens the dignity of LGBT people
Judges with Supreme Court aspirations tend to guard their views, avoiding stances and statements that could impede a nomination or confirmation. Judge Neil Gorsuch has done just that, leading observers to look to his influences rather than his issuances. Among them is Justice Anthony Kennedy, for whom he clerked. While Judge Gorsuch and Justice Kennedy may share a bond, they part ways on several issues. One lesser known but critically important point of potential disagreement surrounds a somewhat nebulous legal principle critical to lesbian, gay, bisexual, and transgender, or LGBT, rights: the dignity of free persons.
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