Antonin Scalia

Pregnant Workers' Rights at the Supreme Court

Peggy Young's employer made her choose between her job and her pregnancy, but can employers do that?
PFAW Foundation

Barney Frank: This Year’s Midterm Elections Define Our Courts

In an op-ed printed in the Portland Press Herald this weekend, retired congressman Barney Frank offers a sharp critique of the far right Supreme Court under John Roberts. Explicitly noting the importance of the Court in defining law that affects all citizens, Frank makes clear not only that courts matter, but everyday citizens have a hand in how these courts are shaped.

Reviewing the impact of recent Supreme Court decisions — from overturning “more than 100 years of federal and state efforts to regulate the role of money in campaigns” to declaring that corporations have the right to religious freedom under RFRA—Frank states that “the court has ended this term with a barrage against laws it does not like” (emphasis added).

He continues,

…The Supreme Court is now strongly inclined to impose conservative ideology via Constitutional interpretation on a broad range of public policy. It is true that Kennedy and to some extent Roberts occasionally deviate from this, but Justice Samuel Alito has surpassed even Justices Antonin Scalia and Clarence Thomas in his ideological purity.

The relevance of this to the next two elections is very clear. Four of the sitting justices are in their late 70s or older. This means that there is a strong possibility that President Obama will have a chance to appoint another justice before his term expires, but his ability to do so will be determined not simply by the health of the justices in question, but by the composition of the U.S. Senate. The increasing partisanship in the Senate, the continued virulent influence of the tea party and recent history strongly suggest that even if a vacancy occurs, Obama will be prevented from filling it (emphasis added).

Frank refers to the unceasing Republican obstructionism and argues courts are critical for defining laws that affect Americans on a daily basis, highlighting the importance of this year’s midterm elections. As he concludes in this piece,

This makes it highly likely that among the issues that will be determined in the next senatorial and presidential election will be the ideological makeup of the Supreme Court. Voters should act accordingly.

PFAW

Scalia's Mistake Exposes His Ideological Agenda

Justice Scalia's factual error in an EPA case dissent suggests he is approaching cases with an overly ideological lens.
PFAW Foundation

Scalia's Nightmare: Evil Foreigners Impose Marriage Equality on U.S.

In coming up with a scary hypothetical regarding the limits of congressional authority, Scalia turns to marriage equality.
PFAW Foundation

Scalia Claims Courts "Invent New Minorities"

Scalia tells the Federalist Society that "it's not up to the courts to invent new minorities that get special protections."
PFAW Foundation

The Smoking Gun in the Voting Rights Case

Scalia's comments during oral arguments show that he was guided by personal ideology, not the law.
PFAW

Corporate Court Lets Monopolists Bypass Antitrust Laws

The Roberts Court empowers big corporations to violate antitrust laws and prevent small business victims from vindicating their federal rights.
PFAW Foundation

Why It's Important to Have Diversity on the Federal Courts

The Washington Post ran a story yesterday about President Obama's successful push to bring greater diversity to the federal courts. The story quoted a conservative activist who accused the White House of "lowering their standards" in order to find diverse nominees and a Republican aide who claimed that the White House's focus on diversity would "override the substantive qualifications of the nominees."

Leslie Watson Malachi, Director of African American Religious Affairs at People For the American Way, responded with the following letter to the editor:

To the editor:

Regarding the March 3 story, “Obama pushing to diversify federal judiciary amid GOP delays.”

One of President Obama’s most significant, but least noticed, achievements has been his effort to bring more women and people of color to the federal bench. Last week, the U.S. Supreme Court showed us just how critical that effort is.

In oral arguments on Shelby County v. Holder, the challenge to Section 5 of the Voting Rights Act, Justice Antonin Scalia declared that the renewal of voting protections for people of color simply amounts to a “racial entitlement.” Justice Sonia Sotomayor, the first Latina on the Supreme Court, promptly contradicted him.

Scalia’s arrogant dismissal is echoed by the conservative activist who tells the Post that the White House may be “lowering their standards” in nominating women and people of color and the  GOP aide who worries that a focus on diversity would “override the substantive qualifications of the nominees.”

President Obama hasn’t had to choose between qualified nominees and diverse ones. Instead, he’s chosen judges and justices like Sotomayor: excellent nominees from diverse backgrounds, all of whom have earned their way to judgeships for which they are eminently qualified. 

LESLIE WATSON MALACHI
DIRECTOR, AFRICAN AMERICAN RELIGIOUS AFFAIRS
PEOPLE FOR THE AMERICAN WAY

PFAW

Scalia Completely Rewrites ... Everything

Scalia ignores constitutional text, says Congress didn't really mean to pass the Voting Rights Act, and calls the VRA a "racial entitlement."
PFAW Foundation

Justice Scalia’s 7 Worst Anti-Gay Statements

On Friday, the Supreme Court agreed to hear two landmark cases on marriage equality. Yesterday, Justice Antonin Scalia reminded us again why gay rights advocates, to put it mildly, aren’t counting on his vote.

Scalia is the Supreme Court’s most outspoken opponent of gay rights. He led the dissent to the two major gay rights decisions of his tenure on the Court, the decisions to strike down Texas’ criminal sodomy law and to overturn Colorado’s ban on local anti-discrimination measures. And in his spare time, he minces no words about his uncompromising opposition to gay rights. Here are seven of his most egregious anti-gay statements:

  • Compares bans on homosexuality to bans on murder: Yesterday, Scalia asked a gay law student, “If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?”
     
  •  …and to bans on polygamy and animal cruelty: In his dissent to the Colorado case, Romer v. Evans, Scalia wrote, “But I had thought that one could consider certain conduct reprehensible--murder, for example, or polygamy, or cruelty to animals--and could exhibit even 'animus' toward such conduct. Surely that is the only sort of ‘animus’ at issue here: moral disapproval of homosexual conduct, the same sort of moral disapproval that produced the centuries old criminal laws that we held constitutional in Bowers.”
     
  • Defends employment and housing discrimination: In his dissent to Lawrence, the decision that overturned Texas’ criminal sodomy law, Scalia went even further, justifying all kinds of discrimination against gays and lesbians: “Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive. The Court views it as ‘discrimination’ which it is the function of our judgments to deter.”
     
  • Says decision on “homosexual sodomy” was “easy” because it's justified by long history of anti-gay discrimination: In a talk at the American Enterprise Institute earlier this year, Scalia dismissed decisions on abortion, the death penalty and “homosexual sodomy” as “easy”: “The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion,” he said. “Homosexual sodomy? Come on. For 200 years, it was criminal in every state.”
     
  • Says domestic partners have no more rights than “long time roommates”:  In his dissent in Romer, Scalia dismissed the idea that a law banning benefits for same-sex domestic partners would be discriminatory, saying the law “would prevent the State or any municipality from making death benefit payments to the ‘life partner’ of a homosexual when it does not make such payments to the long time roommate of a nonhomosexual employee.”
     
  • Says gay rights are a concern of “the elite”: In his Romer dissent, Scalia lashes out at the majority that has upheld gay rights: “This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that "animosity" toward homosexuality is evil.“
     
  • Accuses those who disagree with him of supporting the “homosexual agenda”: Lifting a talking point straight from the far right, Scalia accused the majority in Lawrence of being in the thrall of the “homosexual agenda”: “Today’s opinion is the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.”
PFAW

Endorsements Cite Supreme Court

Overwhelming majority of endorsements cite the Supreme Court as an enormous contributing factor to keeping President Obama in office.
PFAW

On Every Issue, Vote the Court

We are seeing increasing recognition of the Supreme Court as a central and critical issue in the presidential election.
PFAW

The Circuit Court's DOMA Decision and the 2012 Election

Mitt Romney has made clear that his judicial nominees would not protect Americans' rights like the Second Circuit did yesterday.
PFAW

Elizabeth Warren Ad Warns of Republican Senate Influence On Supreme Court

People For the American Way has been stressing the enormous importance of the Supreme Court in the next election, emphasizing that if Mitt Romney is elected, he has promised to nominate extreme right-wing judges who will limit our civil liberties and rescind equality measures. In a new ad, Massachusetts Senate candidate Elizabeth Warren echoes these concerns, warning that a Senate dominated by Republicans has the potential to approve a justice that would help overturn Roe v. Wade. Warren’s opponent Scott Brown has already voiced his support for Justice Antonin Scalia, naming the ultra-conservative judge as his favorite on the Supreme Court. We cannot afford to elect candidates like Mitt Romney or Scott Brown, who are sure to nominate and confirm justices that will take us back in time and turn back the progress we have made on behalf of women’s rights, worker’s rights, voting rights, and more.

PFAW

Debate Exposes Importance of Supreme Court to Working Women

The discussion of Lilly Ledbetter highlights the threat to working women that Mitt Romney's Supreme Court would pose.
PFAW