WASHINGTON – In response to the Supreme Court’s decision today in Shelby County v. Holder, People For the American Way Foundation President Michael Keegan released the following statement:
“As the Supreme Court swerves further to the right, our constitutional liberties continue to take a beating. Today, the Supreme Court seriously undermined an important piece of the premier civil rights legislation of the past century – legislation that civil rights heroes gave their lives for. This decision sends a chilling message to all those Americans who continue to face politically-motivated hurdles on their way to the ballot box.
“In his confirmation hearings, Chief Justice John Roberts pledged to behave like an umpire—just calling balls and strikes, and staying out of the game. Today that umpire upended decades of civil rights law. His decision substitutes his own opinions for the findings of America’s elected representatives in Congress, who found numerous cases of ongoing, racially-based political gerrymandering and trickery. Moreover, it does so in an area in which the Constitution specifically and intentionally gives Congress wide discretion. Reauthorization of the Voting Rights Act received near unanimous support in both houses of Congress just a few years ago, and was signed into law by President Bush. Today’s decision is a blatantly inappropriate exercise in legislating from the bench. Conservatives who have spent decades decrying judicial activism should take note.
“In two separate cases yesterday, Justice Ginsburg called on Congress to fix the damage done by decisions handed down by our nation’s highest court. That need is even greater today. Congress should move quickly to enact a coverage formula under Section 4 to protect voters whose right to participate in our democracy was badly undermined today. The American people deserve no less.”
WASHINGTON – In response to the Supreme Court decisions in Vance v. Ball State University, University of Texas Southwestern Medical Center v. Nassar, and Mutual Pharmaceutical Co. v. Bartlett, People For the American Way Foundation President Michael B. Keegan released the following statement:
“In three closely divided decisions today, the five far-right Justices again opted to side with powerful corporations rather than protect the rights of individual workers and consumers. These decisions are just the latest example of this Supreme Court majority’s ideological agenda that undercuts the rights of everyday Americans.
“In her Vance dissent, Justice Ginsburg hit the nail on the head when she described instances of real-life work harassment and noted that ‘as anyone with work experience would immediately grasp,’ the reality faced by workers is very different from the assumptions of the Court’s right-wing majority. But as the Supreme Court’s conservative bloc has proven again today, rulings from this court follow the dictates of power—not law—and are entirely disconnected from the realities of most Americans. The highest court in the land has made clear that it’s committed to laying a blueprint for corporations to have free rein to trample the rights of individuals.”
Supreme Court Justice Sonia Sotomayor issued a statement today in connection with the denial of a cert petition for a case from Texas. She agreed with the decision not to hear the appeal, but she recognized the need to also release a statement condemning the offensive, racially charged remarks of a federal prosecutor during a drug-focused trial. During the cross-examination of a man who testified that he was not part of and did not know about friends’ plan to buy illegal drugs, the prosecutor asked:
“You've got African-Americans, you've got Hispanics, you've got a bag full of money. Does that tell you – a light bulb doesn't go off in your head and say, This is a drug deal?”
Sotomayor called the prosecutor’s comment “pernicious in its attempt to substitute racial stereotype for evidence, and racial prejudice for reason.” She went on:
“It is deeply disappointing to see a representative of the United States resort to this base tactic more than a decade into the 21st century. Such conduct diminishes the dignity of our criminal justice system and undermines respect for the rule of law. We expect the Government to seek justice, not to fan the flames of fear and prejudice.”
Sotomayor’s powerful response highlights the critical importance of diversity in our court system. As Justice Sotomayor noted in 2001, “our experiences as women and people of color affect our decisions.” During her confirmation, People For the American Way Foundation documented the far right’s vitriolic reactions to Sotomayor’s insightful discussion of the ways in which her life experiences as a Latina woman inform her view of the law.
But today’s statement is one example of what that looks like in practice. It highlights what it looks like when a woman of color on our nation’s highest court has the power to call out blatant racism in the judicial system.
People For the American Way President Michael Keegan released the following statement today in response to the Supreme Court’s announcement this afternoon that it will hear Windsor v. U.S., a case challenging Section 3 of the Defense of Marriage Act (DOMA), and Hollingsworth v. Perry, the case challenging California’s Proposition 8:
“As we saw with last month’s state ballot measures affirming marriage equality, more and more Americans are coming to understand that laws preventing same-sex couples from getting married do real harm to our families, friends, and neighbors. There’s also absolutely no legitimate reason for the federal government to recognize some legally married couples while refusing to recognize others. Laws like Proposition 8 and DOMA go against the central American ideal of equal justice under the law,” said Keegan. “We applauded the earlier court decisions that found both Section 3 of the Defense of Marriage Act and Proposition 8 to be unconstitutional. There’s no question that the Constitution’s guarantee of equal justice under law applies to all people—gay or straight. The cases the court agreed to hear today are a landmark opportunity for our country to move towards making marriage equality the law of the land once and for all.”
“It is time to for the Supreme Court to weigh in on the side of equality and send a powerful message: our country will no longer selectively discriminate against loving, committed couples.”
A POLITICO article out today reaffirms that the 2012 election is of “Supreme importance” to the future of the nation’s highest court.
The piece takes note of the critical role the court will play in the upcoming elections and reminds readers that the next presidential term will be particularly important in determining the composition of the court for decades to come.
Four Supreme Court justices enter the next term in their 70s, and any changes during the next presidential term could tip the balance of the court on some of the nation’s hottest social issues, including same-sex marriage, civil rights and abortion.
There’s also the often-overlooked aspect that the president nominates judges to fill the nation’s appellate and district courts, which produce some of the country’s most lasting decisions.
POLITICO also notes that due to widespread GOP efforts at voter suppression, there is a possibility that the court may have a hand in determining the outcome of the presidential race.
Mitt Romney’s top judicial adviser, the far-right former judge Robert Bork, weighed in as well:
Few see the Supreme Court actually becoming a prominent attack line when the candidates are speaking to the general public. “It should be, but the economic issues will far outweigh other questions,” Robert Bork, the former Reagan Supreme Court nominee now serving as a top Romney legal adviser, wrote in an email to POLITICO.
As the decision in Citizens United and other cases clearly demonstrates, the current Supreme Court is one of the most conservative in American history. It’s hard to imagine a court even further to the right, and yet that is exactly what a Romney presidency would ensure.