In an op-ed today in the Boston Globe, former Secretary of State Hillary Clinton takes on what may be the biggest issue at stake in the 2016 election: the future of the US Supreme Court.
The court’s decisions have a profound impact on American families. In the past two decades alone, it effectively declared George W. Bush president, significantly weakened the Voting Rights Act, and opened the door to a flood of unaccountable money in our politics. It also made same-sex marriage legal nationwide, preserved the Affordable Care Act not once but twice, and ensured equal access to education for women.
On Election Day, three of the current justices will be over 80 years old, which is past the court’s average retirement age. The next president could easily appoint more than one justice. That makes this a make-or-break moment — for the court and our country.
That’s true. As People For the American Way recently laid out in our Judgment Day report, virtually every single important issue—from voting rights to guns to reproductive freedom to workplace fairness to the environment and beyond—will be at stake before the Supreme Court. And because the Justices most likely to retire in the next few years come from both sides of the bench, our country has the opportunity to pull the Court from its dangerous rightward lurch of the last decade—or to solidify a far-right majority for a generation.
But just as important as preventing the next president from appointing more Justices in the mold of Scalia, Thomas and Alito, we need to elect a President who will appoint extraordinary jurists who understand the profoundly progressive nature of our constitution. In her op-ed, Senator Clinton lays out what that looks like.
As president (and a lawyer and former law professor), I’ll appoint justices who will protect the constitutional principles of liberty and equality for all, regardless of race, gender, sexual orientation or political viewpoint; make sure the scales of justice aren’t tipped away from individuals toward corporations and special interests; and protect citizens’ right to vote, rather than billionaires’ right to buy elections.
Secretary Clinton isn’t alone in laying out a progressive vision for the Court. Senator Bernie Sanders has spoken repeatedly about the Supreme Court’s decision in Citizens United and how we need to "overturn this disastrous decision.” And Governor Martin O’Malley has promised to “appoint judges who don't think corporations are people.”
All of this is good news for progressives—and why People For the American Way has been pushing so hard for more conversation about the importance of the Supreme Court as we head into the 2016 election. But it’s not enough.
In the coming weeks and months we’ll continue to push candidates of both parties to make clear what kind of judges they’d appoint to our nation’s highest courts, because, as Secretary Clinton says, “There’s a lot at stake in this election. Nowhere is this clearer than in the US Supreme Court.”
In the past decade, scores of Supreme Court decisions addressing some of the most fundamental questions in our country have hinged on the vote of a single Supreme Court justice. Who can marry? Can everyone access the ballot box? Can women be denied reproductive health care? Can corporations flood elections with money?
In past 5-4 decisions on questions like these, from Citizens United to Hobby Lobby to Obergefell, the impact of each presidential Supreme Court nomination on our rights and liberties is clear. And for future decisions, Election Day 2016 – when Americans elect a president who will almost certainly be nominating one or more new justices – becomes a “judgment day” for our rights going forward.
A new PFAW report out today, “Judgment Day 2016,” looks at 80 5-4 decisions the Court has issued since Bush-nominees John Roberts and Samuel Alito joined the Court ten years ago in key areas like money and politics; civil and voting rights; LGBT rights; women’s rights; workplace fairness; protecting the environment, and more. On a range of issues, the report underscores what’s at stake when Americans vote next November.
As principal report author and PFAW Senior Fellow Elliot Mincberg put it:
In the 2016 election, the Supreme Court is on the ballot…Our next president may very well be nominating three or more Supreme Court justices who could tip the balance in critically important cases.
You can read the report here.
PFAW Activists Rally Outside Romney Headquarters in Greentree, PA
Yesterday marked the 3rd anniversary of Sonia Sotomayor officially assuming her office as Associate Justice of the Supreme Court of the United States. People for the American Way, in partnership with other progressive organizations including NARAL and the AFL-CIO, marked the occasion with activists on the ground in the key states of Ohio and Pennsylvania.
At a campaign event in Colorado yesterday, President Obama underscored the importance of the election for its impact on the future of the court.
Today is the three-year anniversary of Sonia Sotomayor taking her seat on the Supreme Court. Yesterday was the two-year anniversary of Elena Kagan taking her seat on the Supreme Court. So let's be very clear -- the next President could tip the balance of the Court in a way that turns back the clock for women and families for decades to come. The choice between going backward and moving forward has never been so clear.
People For president Michael Keegan also laid out the stakes in the Huffington Post.
President Obama’s decisions to nominate Justices Kagan and Sotomayor prove his commitment to selecting qualified jurists and building a more representative and inclusive court that respects the Constitution and the rights of every American. Mitt Romney’s decision to turn to ultra-conservative judge Robert Bork for judicial counsel is a clear signal that he would only appoint far-right figures to the Supreme Court, judges that are even further to the right than Samuel Alito and Antonin Scalia.
It’s difficult to imagine a more conservative court than the one we have now, but that’s exactly what a Romney presidency would bring. With critical issues such as reproductive rights, voting rights, LGBT rights, campaign finance, and worker protections almost certain to come before the court next presidential term, stakes have never been higher.
For more on Mitt Romney’s dangerous vision for the Supreme Court, visit Romneycourt.com.
Yesterday, PFAW avtivists were featured on Ohio Public Radio:
and Ohio Capital Blog:
Justice John Paul Stevens’ announcement that he will retire this summer marks the end of an era for the Supreme Court and a crucial opportunity for President Obama and the Senate to shape the Court’s direction.
Stevens—the last survivor of the era before Supreme Court nominations became televised partisan battlegrounds—has been a bulwark against a Court that has been moving aggressively to the right. His adamant dissent to this year’s decision in Citizens United v. FEC, like his dissent in Bush v. Gore, were strong defenses of democracy and indictments of an increasingly politicized Court.
President Obama now has the chance to nominate another Justice who will prioritize the rights of ordinary Americans. People for the American Way President Michael B. Keegan said today:
“His retirement will give President Obama his second opportunity to nominate a jurist for our nation’s Highest Court. I hope he will select someone who will continue Justice Stevens’s tradition of working to ensure that individuals receive the fair treatment that our Constitution guarantees. In recent years, the Court has given extraordinary preference to powerful interests at the expense of ordinary Americans. Justice Stevens was a bulwark against that trend. Our country’s next Justice must play a similar role.”
Let’s hope that Republicans in the U.S. Senate will put aside their habits of obstructionism and support the nomination of a Justice who will continue Stevens’ strong, even-handed legacy.
In the wake of yesterday's extremely disappointing election in Massachusetts, you'd be forgiven for thinking that the Democrats had somehow lost control of the Senate. In fact, the Democrats still have an 18 vote majority--an enormous power base in a legislative chamber with only 100 seats.
Former Solicitor General Walter Dellinger points out that on Supreme Court nominations, President Obama has a majority that most presidents would envy:
President George H. W. Bush had only 43 Republican Senators when he nominated Judge Clarence Thomas – undoubtedly the most conservative nominee of the past half-century – to the Supreme Court. That’s right: 43 Senators of his party. In the end, Justice Thomas was confirmed 52 to 48. The nomination was not remotely close to having enough Senators to prevail on a cloture vote – that would have required all 43 Republicans, joined by 17 Democrats. But he was confirmed because the settled expectation was that the President and the country are entitled to have an up or down vote on a matter such as a Supreme Court nomination. A filibuster that prevented such a vote was politically unthinkable.
And if there aren't 60 votes in favor of a particular issue or nominee? Let them filibuster. After a while, voters might start wondering why it is that 41 senators won't allow a vote on legislation with clear majority support.