Subject: Today from the Constitutional Responsibility Project
From: Natalie Raps <[email-masked]>
To: Natalie Raps <[email-masked]>
Date: Wed, 18 May 2016 22:54:44 +0000

Today in the fight for a full and functioning Supreme Court: Democratic members of the Senate Judiciary Committee host a public meeting with former colleagues of Chief Judge Garland, the Alliance for Justice Action Campaign releases a preliminary report on Trump's "radical-right" picks for the Supreme Court, House members introduce the SCOTUS Act, and media and editorial boards continue to remark on the impact of a vacancy on the Supreme Court's ability to do its job.

Chief Judge Garland is a "judge's judge" who is "honorable, impartial and fair."
Democratic members of the Senate Judiciary Committee today hosted a public meeting where former colleagues of Chief Judge Garland described his life-long commitment to public service and pursuit of justice. Watch the meeting HERE<https://www.youtube.com/watch?v=xEbUsw1rM6s>.

Donna Bucella, prosecutor on the Oklahoma City bombing case: "His sense of collegiality and fairness earned the respect of even those who may not have agreed with his decisions. He was objective. I can attest to this because I was there with him the entire time."

Judge Timothy K. Lewis, former federal judge on the U.S. Court of Appeals for the Third Circuit: "I know Judge Garland...I was already aware of his bipartisan support among Senators I respect and admire; Senators whose conscientious appeal might stem the tide and help restore the orderly administration of an historic process; Senators who, at an earlier time, had privately shared with me their appreciation for bipartisanship in a difficult Supreme Court nomination."

Rodney Slater, former Secretary of Transportation: "I have known Chief Judge Garland as a friend, a fierce and exacting prosecutor in the U.S. Department of Justice and as an honorable, impartial and fair adjudicator...In addition to his devotion as a husband, father, son, brother and friend, distinguished jurist...he has found time to regularly and passionately mentor inner city youth in the schools of our nation's capital."

Justin Driver, former clerk for Chief Judge Garland: "[Chief Judge Garland] honored existing precedents and avoided grand proclamations that redefined large bodies of law...Each case that arrived on Judge Garland's desk received the same meticulous care, regardless of whether the decision appeared destined to be forgotten by everyone but the parties or to be splashed across front-page headlines."

The Trump List: Donald Trump's List of Potential Supreme Court Nominees and What that Means for America.
Today, Donald Trump released a list of 11 potential Supreme Court nominees - a who's who of right-wing jurists who have curtailed voting rights, blocked access to abortion, and criticized Trump themselves. The Alliance for Justice Action Campaign created a preliminary report analyzing the records of the six federal judges on Trump's list, and what those records mean for a variety of important issues including reproductive rights, discrimination and inequality, worker's rights, guns, and the death penalty.

The report can be viewed HERE<http://afjactioncampaign.org/wp-content/uploads/2016/05/AFJAC-Report-Potential-TRUMP-SCOTUS-nominees.pdf>, with an excerpt below:

"Taken together, the records of potential Trump nominees reveal the profound damage they would inflict on an array of critical issues. These people reflect a radical-right ideology that threatens fundamental rights, and that favors the powerful over everyone else, especially people from historically marginalized communities. Their written work is suffused with open hostility toward reproductive rights, criminal defendants, LGBTQ equality, affordable healthcare, consumer protections, workplace safety, and voting rights.

Judge Pryor, for example, cited Miranda v. Arizona and Roe v. Wade as "the worst examples of judicial activism," and Judge Sykes voted to reinstate Wisconsin's discriminatory voter ID law. Judge Colloton signed onto the only circuit court decision to rule that the Affordable Care Act's birth control accommodation for religious organizations is insufficient to accommodate their religious objections, and Judge Raymond Kethledge upheld a retaliatory, anti-union Michigan law targeted at public school employees who opposed anti-union legislation."

SCOTUS Act: Senate's Court Obligations Trump Unconstitutional Stalling.
Today, Representatives Elizabeth Esty (D-CT), Chris Van Hollen (D-MD), Tammy Duckworth (D-IL), Ann Kirkpatrick (D-AZ), Patrick Murphy (D-FL) and Jared Polis (D-CO) introduced the SCOTUS Act to require the House and Senate to stay in session through the summer and the rest of the year-until the Senate holds hearings and a vote on Chief Judge Garland's nomination. In introducing the legislation, the representatives stated:

Reps. Elizabeth Esty (D-CT) and Chris Van Hollen (D-MD): "If the Senate does not take action on Garland's nomination within 125 days of the date he was nominated, neither chamber will be permitted to adjourn. Instead of leaving town to participate in the July party conventions and campaign this fall, the Senate must remain in Washington to fulfill its constitutional responsibility. Never in history has it taken longer than 125 days for any Supreme Court nominee (who has not withdrawn from consideration) to receive a Senate hearing, so we believe this timetable is more than reasonable... When congressional leaders decide they don't have to do their job during an election year, there should be consequences." [Los Angeles Times, 5/18/16<http://www.latimes.com/opinion/op-ed/la-oe-esty-van-hollen-garland-nomination-delay-20160518-snap-story.html>]

Rep. Tammy Duckworth (D-IL): "A fully-functioning Supreme Court isn't just nice to have; it's crucial to our democracy and should be above petty partisan politics... The Senate needs to fulfil its constitutional responsibilities, do its job and hold hearings and a vote on Judge Garland's nomination. We shouldn't let them go home until they do." [Rep. Duckworth press release, 5/18/16]

Rep. Ann Kirkpatrick (D-AZ): "Politicians can spin it any way they want, but the American people see right through it - they know this blockade in the Senate is a partisan ploy. Let's pass the SCOTUS Resolution and send a strong message that elected leaders don't just get to skip town for a prolonged recess - they must carry out their constitutional duties." [Rep. Kirkpatrick press release, 5/18/16]

Chief Judge Merrick Garland: The most qualified Supreme Court nominee. Ever.
In a new video, #WeNeedNine highlights Chief Judge Garland's impeccable legal credentials and the Republican Senators who, despite blocking his nomination, have lauded his credentials in the past. Watch the video HERE<https://www.facebook.com/weneednine/videos/1784998201721704/?>.

Sen. Orrin Hatch (R-UT), 1997: "I believe Mr. Garland is a fine nominee. I know him personally, I know of his integrity. I know of his legal ability. I know of his honesty. I know of his acumen."

Sen. Chuck Grassley (R-IA), 1997: "We have nothing against this nominee, Mr. Garland. He seems to be well-qualified."

Brown v. Board of Education anniversary is a reminder of why we need nine justices.
Yesterday, on the 62nd anniversary of the Brown v. Board of Education decision, Sen. Ben Cardin (D-MD) and educational leaders spoke on the need for a full and functioning Supreme Court.

Sen. Ben Cardin (D-MD): "It was because they had nine on the Supreme Court that were willing to...resolve the issue in a way to bring consensus...and to bring about an incredibly important protection of our Constitution... If that vacancy is not filled...your rights will vary [depending] on what circuit you happen to live in." [Baltimore Sun, 5/17/16<http://www.baltimoresun.com/news/maryland/politics/blog/bal-ben-cardin-points-to-brown-v-board-to-make-case-for-merrick-garland-20160517-story.html>]

The Supreme Court simply cannot do its job without nine members.
Adam Liptak of the New York Times<http://www.nytimes.com/2016/05/18/us/politics/consensus-supreme-court-roberts.html?_r=0> looks at the diminished capacity of an eight-member Supreme Court.

"The Supreme Court has gone into hibernation, withdrawing from the central role it has played in American life...The justices will continue to issue decisions in most cases, but many will be modest and ephemeral...Until the next justice arrives, the Supreme Court will remain on the sideline of American life."

Editorials: SCOTUS is "paralyzed" as vacancy "seriously affect[s] the court's ability to conduct its business."
The editorial board of the San Francisco Chronicle<http://www.sfchronicle.com/opinion/editorials/article/Birth-control-must-wait-for-a-ninth-justice-7546668.php> writes:

"On Monday, the court said it was effectively punting on Zubik vs. Burwell, a challenge to the Affordable Care Act's mandate on birth control coverage....The entire disappointing process demonstrates, yet again, how the lack of a ninth justice is seriously affecting the court's ability to conduct its business... Neither the court's calendar nor the importance of its rulings is based on the national election schedule. The Senate's holdouts are depriving all Americans of their third branch of government.

From the editorial board of the Tampa Bay Times<http://www.tampabay.com/opinion/editorials/editorial-another-case-for-filling-us-supreme-court-vacancy/2277759>:

"Once again, the stubborn refusal by Senate Republicans to act on the president's nominee to fill the court's vacancy is undermining the court's rule and delaying justice... the larger problem is a high court so paralyzed it cannot function as a final word on constitutional rights. Bumping these cases to the lower courts fosters a patchwork legal system, where rights are defined by the geography of individual judicial circuits... One branch of the government is being held hostage by another, and it's time to return the balance of power to the democratic system."

A look ahead at a sampling of activity by our grassroots allies and Democratic Senators:

THURSDAY 5/19/2016

Event: Young leaders and members of Congress call for fair consideration of Supreme Court nominee
Location: Supreme Court steps, 1 First St NE, Washington, DC 20543
Time: 12:30PM local time
Host: People for the American Way Foundation and Generation Progress
Key briefers/speakers: Sen. Cory Booker (D-NJ); Sen. Al Franken (D-MN); Rep. Eric Swalwell (D-CA); Rep. Ruben Gallega (D-AZ)
RSVP: Media is asked to please email [email-masked]<mailto:[email-masked]> to RSVP

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