The Supreme Court announced that it will hear several controversial and highly political cases during its upcoming term. These cases include abortion rights, employment rights for LGBTQ persons, immigration rights under “DACA” (Deferred Action for Childhood Arrivals) and gun rights/gun control. In weighing the outcomes on these issues, the Supreme Court may vote along political party lines. Trump’s nominations and appointment of Justices Gorsuch and Brett Kavanaugh to the conservative block may determine the fate of these issues. The justices will hear a Louisiana abortion case as the first case among the recent conservative abortion restriction cases—in the early 2020 term. Among the many recent conservative/restrictive abortion laws passed, it will be the first test abortion test case to be decided with the all new majority of Supreme Court conservative justices appointed by Trump. The Louisiana law would require that a doctor performing an abortion have admitting privileges to a … [Read more...] about SCOTUS May End Abortion, DACA and LGBTQ Rights
Supreme Court
New Abortion Laws May Reach a Snag
The states of Mississippi, Ohio, Georgia, Kentucky, Arkansas, Utah, Iowa and the latest one Alabama have been waging an all-out war against a woman’s right to choose. From laws ruling abortion illegal at a baby’s detectable heartbeat, 18 weeks (6 less than Roe v. Wade requires), the conservative movement against abortion has been diligently working towards reaching the Supreme Court to outlaw Roe v. Wade. Roe v. Wade became the law of the U. S. in 1973. Ever since then, multiple states have attempted to reverse Roe. The most recent attempts, some of which will go into effect in 2020, appear to rely on the recent change of the Supreme Court to a 5-member conservative court. But perhaps these states need to go slower before attempting a Hail Mary pass to the Supreme Court. In sports as well as in law, Hail Mary’s never seem to go as planned. The Supreme Court is highly selective in the cases that it takes up to review. The acceptance rate is extremely low and varies from 2-3 %. You … [Read more...] about New Abortion Laws May Reach a Snag
Why a Decades Ago Attempted Rape Should Derail Kavanaugh
Judge Brett Kavanaugh was on to smooth sailing to a lifetime appointment on the Supreme Court before Professor Ford came forward with allegations of an attempted rape by Kavanaugh when he was 17. Ford at age 15 attended a party where Kavanaugh attempted to rape her on a bed and in the process placed a pillow over her head to prevent her from screaming. Now years later, Ford is scheduled to testify publicly about these allegations. As I appeared on DC Fox 5 this evening, I was asked why would Professor Ford come forward so many years later. Most women, including Ford would prefer to forget the details of a sexual assault. However, the reality is most can never forget the assault or in Ford’s case an attempted rape. While I cannot speak for Ford, she likely came forward now because she has a civic or moral duty to convey significant information about Kavanaugh’s character and fitness to serve on the highest court. And it doesn’t matter that the incident took place decades ago. … [Read more...] about Why a Decades Ago Attempted Rape Should Derail Kavanaugh
Women’s History Month and the Supreme Court
As we wind down Women’s History month, the role women played in Supreme Court cases is pivotal in understanding the huge impact of women on the laws of this country. For centuries, women advanced the law in cases involving civil rights, women’s right, marriage equality, health care and a myriad of other issues. For all that remains to be done in the area of women’s rights, we have largely come from the second class status barring women from practicing professions, attending schools and marrying the person of their choosing without infringement of the government. Beginning in 1869, Myra Bradwell applied for admission to the Illinois bar in accordance with a state statute that permitted any adult of good character and with sufficient training to be admitted to the practice of law. Because she was a woman, however, the Illinois Supreme Court denied her admission, noting that the "strife" of the bar would surely destroy femininity. Chief Justice Charles B. Lawrence of the … [Read more...] about Women’s History Month and the Supreme Court
Here’s How to Fix DACA and Gun Laws
In a significant blow to the Trump Administration, the Supreme Court denied, without comment, the administration’s request to leapfrog ahead the system to immediately appeal to the Supreme Court an adverse California federal court ruling on “DACA”- Deferred Action for Childhood Arrivals. Previously, a California federal judge denied the Trump administration’s order to immediately end DACA—stating that the Administration was enjoined nationwide from ending it. It thereby ensured that almost 700,000 DREAMers may continue to remain in the country—at least for a while longer. DACA is the program established by President Obama in 2012 which protects against deportation some of those who entered the country illegally as children. Trump sought to end the program in March, 2018. The current status of the case, in light of the court’s ruling, is the Trump administration must now go through the normal court route and appeal the ruling to the 9th circuit, which hears appeals from … [Read more...] about Here’s How to Fix DACA and Gun Laws
Supreme Court Sweeps in Final Week
The Supreme Court decided important cases today on political bribery, abortion rights and gun rights. The highest court struck down a restrictive Texas abortion law and vacated former Virginia governor Bob McDonnell’s bribery conviction. It upheld a federal gun law that forbids gun ownership if convicted of domestic violence. The court ruled that Texas’ HB2 draconian abortion law is unconstitutional and struck down the abortion law which unduly interferes with the rights of women to obtain an abortion. In a decided ruling of 5-3, the Supreme Court ruled that Texas HB2 law which placed strict standards against abortion doctors, clinics and almost closed all access to abortion in Texas is unconstitutional. The Supreme Court rejected Texas’ argument that the law was intended to protect women’s safety. The law was written to block women’s access to abortions in the State of Texas. While Congress or the Senate has failed to pass any meaningful laws on gun control, the Supreme … [Read more...] about Supreme Court Sweeps in Final Week