As part of our efforts to promote qualified Biden-Harris judicial nominees, especially women of color as reflected in our #HerFightOurFight campaign, People For the American Way has continued our research and reporting on the troubling votes and decisions by Trump appellate judges and justices, as well as rulings by Trump district judges that improperly interfere with Biden Administration and Congressional action. Our focus is on the broad, systemic impact of such rulings and opinions, and on how these decisions show the need for prompt confirmation of Biden judicial nominees. Linked below are 11 posts concerning cases from our re-named “Our Courts Our Fight” blog series for September 2021.
Several important trends emerge from the September cases. These include 1) two rulings further threatening the constitutional right to abortion care, as the Supreme Court prepares to consider that issue later in 2021-22; and 2) four cases authorizing corporations to stop consumers and workers from filing broad suits challenging illegal practices and forcing individual arbitrations instead. Specifically:
- In August, Trump judges issued or cast key votes in decisions that authorized state laws that severely restrict abortion care to take effect, including in Texas. As the Supreme Court prepares to consider the issue later this term, we saw two more troubling decisions involving Trump nominees in September concerning the Texas law that effectively bans abortion care after six weeks. These included a 5-4 Supreme Court “shadow docket” ruling allowing the law to continue in effect without a hearing and a Fifth Circuit decision rejecting an effort by abortion providers to challenge the law. Those providers have since taken the Fifth Circuit decision to the Supreme Court.
- In September, Trump appellate judges went even further than the Supreme Court has in forcing those harmed by big corporations to seek arbitration of their individual claims rather than bringing broad class actions and other litigation seeking relief from illegal conduct. Two of these cases concerned minimum wage and other claims by workers, while two related to consumer contentions of fraud and privacy violations.
All these September cases and more, including rulings on racial discrimination in employment and police misconduct, underline the importance of efforts to counteract harmful votes by Trump judges by confirming fair-minded constitutionalists with a demonstrated commitment to civil and human rights nominated by President Biden as federal judges. The Supreme Court and appellate cases have all been entered in our renamed Our Courts Our Fight database, which you can search by judge or by issue.
About People For the American Way
People For the American Way is a progressive advocacy organization founded to fight right-wing extremism and build a democratic society that implements the ideals of freedom, equality, opportunity and justice for all. We encourage civic participation, defend fundamental rights, and fight to dismantle systemic barriers to equitable opportunity. Learn more: https://www.pfaw.org.