World News – UA – Progressive totem poles on chopping block as US Supreme Court veers right

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The new 6-3 majority means that the court is free to make the decisions it likes, on issues ranging from abortion to the right to vote

As the dust settles on the Democrats’ futile efforts to prevent Donald Trump’s third Supreme Court candidate Amy Coney Barrett from rising to the bench, progressive activists and analysts are now casting suspicious eyes on troubling years to come

The court’s conservative bloc is on the ascending line, with a blocked 6-3 majority that will minimize the need for right-wing judges to seek moderate ground in most decisions

Chief Justice John Roberts is now clearly sidelined, whose institutional instincts have led him to cross-vote to prevent the dismantling of the Affordable Care Act, to preserve an agenda that protects young people immigrant arrivals and to maintain it, on the basis of a precedent, the basic protections conferred by Roe v Wade

This is no longer Roberts court, analysts say, as the Chief Justice has been shuffled at the bottom of the Tory Bridge, which now stacks high enough in the field, with Barrett’s arrival, to send the decisions he likes on issues ranging from environmental regulations to reproductive rights and voting rights

« It will help drastically reverse the scales on the ground, » said Nan Aron, chair of Barrett’s progressive advocacy group Alliance for Justice « It will be certain now that the right has seized the federal judiciary, at the level of the Supreme Court, and that it seeks to advance a dangerous program »

All of the issues important to progressive activists, starting with the fundamental right of every American to vote and extending to the need for regulations that protect employees from unsafe working conditions and consumers from predatory lenders, are on the agenda with Barrett on court, analysts say

The court recently ruled on immigrant status, protection of LGBTQ people under anti-discrimination laws, a president’s ability to be the subject of criminal investigation and the right to a abortion which could be canceled or subsumed in a business churn adapted by conservative activists to appeal to the new formation of benches

The Barrett Court’s first coup could be the overturn, after years of conservative obsession with the issue, of Barack Obama’s health care bill, which would result in the loss of insurance coverage for tens of millions of Americans and in some cases deny life save medical treatments to those with pre-existing conditions

« The urgency comes from the fact that the tribunal is completely out of balance, making it the most conservative tribunal since the 1930s, with an aggressively conservative slant » that is out of step on almost every major issue with the public opinion, Aron told me

Some ground gained in court battles over the past decades may be secure in the short term, even under the new conservative 6-3 supermajority, analysts have said

It’s no longer Roberts court, analysts say, as it has been shuffled at the bottom of the Tory table

In an interview with Fox News last weekend, Pete Buttigieg, former Indiana mayor and Democratic presidential candidate, expressed fears that Barrett’s arrival at court could threaten his marriage to his husband Chasten

« My marriage could depend on what happens in the Senate regarding this justice, » Buttigieg said « So many problems are at stake »

But it is « highly unlikely » that Barrett is interested in reviewing rulings protecting same-sex marriage, said Keith Whittington, a political professor at Princeton University specializing in constitutional theory

« The point is that public opinion has evolved rapidly and radically in favor of same-sex marriage, and one of the things she insists on when the court should respect precedent is whether the public has widely accepted the previous one the court established, « said Whittington

« I think in the context of same-sex marriage there is both a substantial interest in trust, which she also emphasizes – in that context there are people who are married and who have built a relationship around the assumption that they have legal marriages ”- and public support

Other issues, such as reproductive rights, were already the subject of serious Conservative assaults before Barrett’s arrival A Barrett court could erode these rights in new ways, said Aziz Huq, law professor at the ‘University of Chicago

« Roberts has said quite clearly, ‘I will let states foreclose access to abortion,' » in a recent ruling that rejected a Louisiana law restricting access to abortion, Huq said. Starting in summer 2020, if you live in a state where the governor and legislature are anti-abortion, access will likely be reduced to one or zero clinics very soon.

« Then I think the really interesting question is the regulation of access to abortive pharmaceuticals which can be prescribed and delivered by mail »

How a court may rule in any given case is unpredictable, and justices appointed by Republicans – including Trump – recently ruled in unexpected ways, as when Trump appointed Neil Gorsuch ruled in in favor of LGBTQ anti-discrimination protections and Roberts has written on behalf of immigration rights in a pair of rulings that Trump has called ‘gunshots in the face’

But anticipating at least one hostile tribunal in the short term, progressive activists are considering expanding the tribunal in case Democrats take control of Congress and the White House

« I think it is extremely important to restore the fairness and independence of the federal justice system, » said Aron « The Alliance for Justice will push an effort to expand the Court in order to democratize it. will also support the elimination of legislative obstruction and the addition of new states – Washington DC and Puerto Rico ”in an effort to bring the US Senate closer to the country

Aron lamented what Barrett could do to the legacy of liberal justice she replaced, Ruth Bader Ginsburg

« The fact that she replaces the justice that has fought all her life, as a lawyer, teacher and as a judge, who worked for equal rights between women and men, makes this meeting even more disappointing ”, said Aron « Since Barrett will void Ginsburg’s legacy »

United States Supreme Court, Amy Coney Barrett, United States Senate, John Roberts, Ruth Bader Ginsburg, Donald Trump, Brett Kavanaugh, Neil Gorsuch

News from the world – UA – Progressive totems on the chopping block as the US Supreme Court veers right


SOURCE: https://www.w24news.com

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