Fair and Just Courts

Republicans Should Move Judicial Nominations Next Week

The number of judicial vacancies continues to climb. Senate Republicans should move faster on judicial nominations.
PFAW

Thursday is Test Day for Senate Judiciary Republicans

Will Senate Republicans still needlessly delay scheduled judicial nomination committee votes now that they are in the majority?
PFAW

A Victory in the Fight for Fair Trials for Undocumented Immigrants

In an important victory for fair courts and the principle that justice is available to all, an appeals court in California today issued a decision granting a new trial for an undocumented immigrant whose immigration status was revealed to jurors despite its irrelevance to the issues in the case. People For the American Way had joined the UC Hastings Appellate Project and the ACLU of Southern California in submitting an amicus brief in the case, Velasquez v. Centrome, Inc. dba Advanced Biotech.

In this case, a former factory worker named Wilfredo Velasquez sued Advanced Biotech, Inc. for its alleged failure to tell his employer about the harms of a chemical he was exposed to while on the job — exposure which he says led to a devastating lung disease. But during the jury selection, the trial judge revealed to jurors that Velasquez was undocumented, an action that, in the words of our amicus brief, “unnecessarily injected prejudice into the selection process, making it impossible to know whether Mr. Velasquez received his constitutionally guaranteed fair trial by impartial jurors.” The threat to Velasquez’s right to a fair trial became clear when the jury concluded that Advanced Biotech had indeed been negligent — yet still awarded no damages to Velasquez, meaning that he, in effect, lost his case.

Fortunately, today the appeals court righted this wrong by granting Velasquez a new trial. The state appeals court noted that “cases both in California and in multiple other jurisdictions have recognized the strong danger of prejudice attendant with the disclosure of a party’s status as an undocumented immigrant.”  Indeed, we have seen how undocumented immigrants face ongoing hostility in our country.

As the amicus brief notes, every person, regardless of immigration status, has a right to “a verdict rendered by an impartial jury.” It is a right that must remain a foundational principle of our judicial system.
 

PFAW

PFAW Foundation Joins Amicus Brief in SCOTUS Case on Health Care Tax Subsidies

Yesterday PFAW Foundation joined the National Women’s Law Center, the law firm Hogan Lovells, and close to 70 other organizations in submitting an amicus brief in King v. Burwell, the pending Supreme Court case on tax subsidies for the Affordable Care Act (ACA). The brief notes that a decision in favor of those challenging the subsidies would threaten a central goal of the law: making access to health insurance possible for millions of people across the country.

The ramifications of a wrong decision in this case could be enormous, causing serious harm in the lives of people now relying on health insurance through the ACA. If the core tax subsidy provision were to be struck down, the brief points out, women of color would be especially hard-hit:

These tax credits are critical. Over 9 million women, who would otherwise go without affordable health insurance, are eligible to benefit from them, including a disproportionate number of women of color.

…The tax credits are not only critical to women’s health; they are critical to the ACA’s continued viability. Congress encouraged participation in the insurance market primarily through the careful interrelation of the individual responsibility provision, market reforms, and tax-credit provisions. Eliminate the tax credits, and the system unravels.

The amicus brief highlights the stories of many real women who depend on the tax credits to access needed health care:

Marilyn Schramm, 63, is a 26-year cancer survivor from Austin, Texas. She endured treatment for cervical cancer in her thirties and has experienced life-long complications from that treatment that have required surgeries since then. Marilyn retired several years ago. When her COBRA rights were exhausted, Marilyn was forced to go without insurance for six months because of her “preexisting conditions.” But in January 2014, Marilyn could finally purchase insurance on the federally-facilitated Exchange in Texas, with at least half of her premium covered by the ACA’s tax credits.

Marilyn has now been diagnosed with colon cancer; following surgery, she began chemotherapy this month. Her coverage depends on the ACA’s prohibition on excluding those with pre-existing conditions, and on its premium tax credits: With her modest retirement income, Marilyn is unsure whether or how she could pay her insurance premium without the tax credits.

As we have noted before, this case is a blatantly political attack intended to do serious damage to the Affordable Care Act. The millions of women and men across the country who rely on the ACA in order to access health care ranging from preventative screenings to cancer treatments deserve far better.

PFAW Foundation

Roberts Court Sets Its Eye on Fair Housing Law

At least four of the Court's conservatives are set on imposing their own ideological vision of what our nation's fair housing laws should look like.
PFAW Foundation

Sorry, Sen. McConnell, But on Judges, Your Party IS "Scary"

Mitch McConnell says Americans shouldn't fear GOP control of the White House and Congress. He is wrong.
PFAW

Fourth Circuit Strikes Down North Carolina Ultrasound Law

Judges nominated by Reagan, Clinton, and Bush-43 agree that North Carolina's law violates the Constitution.
PFAW Foundation

Patrick Leahy and This Year's Success on Judges

This year's great success on judicial nominations owes a great deal to Sen. Patrick Leahy.
PFAW

Judge With a Political Ax to Grind Strikes Down Obama's Immigration Action

A Bush-43 judge writes a ruling that in several ways seems more appropriate for a politician than a federal judge.
PFAW Foundation

Twelve More Judges to Go

The Senate should not leave town before confirming all the pending judicial nominees, including the three cleared by committee yesterday.
PFAW

New Study Examines Corporate Echo Chamber at Supreme Court

A Reuters study documents the influence of a small number of Supreme Court lawyers, most representing corporations.
PFAW Foundation

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

Mississippi Judge Striking Down Marriage Ban Explains the Role of Courts

Judge Carlton Reeves explains the importance of the courts while demonstrating how important it is who serves on them.
PFAW Foundation

Ted Cruz Vows to Damage Texas Courts in Response to Obama's Immigration Action

Ted Cruz urges a retaliatory freeze on all confirmations next year, which would cause particular damage to courts in his own state.
PFAW

Reid: We Cannot Leave Without Confirming Nominees

The Senate needs to vote on numerous judicial and executive nominations before the end of the lame duck session.
PFAW

Supreme Court Review of ACA Case Muzzles the DC Circuit

Since the Roberts Court took the ACA subsidies case, other courts likely won't have a chance to join the 4th Circuit in exposing how weak and political the case is.
PFAW Foundation

Lame Duck Session Confirmations: PFAW Member Telebriefing

As Congress returns for the lame duck session after the midterm elections, People For the American Way hosted a member telebriefing on Monday on the critical work that needs to be completed this session to fill court vacancies. The call was kicked off by PFAW Director of Communications Drew Courtney who underscored the significant number of judicial and executive nominations the Senate faces, including President Obama’s new Attorney General nominee, Loretta Lynch.

PFAW members were joined on the call by Josh Hsu, Senior Counsel on the Senate Judiciary Committee, who shared Committee Chairman Sen. Patrick Leahy’s commitment to moving forward on nominees through the lame duck session. He pointed out that much of the GOP obstruction of judicial nominees occurs under the public radar, but it has an enormous impact.  If the judicial nominees who can be confirmed by year’s end are stalled instead, that will create a substantial and needless backlog in the next Congress that will delay judicial nominees down the line. 

Hsu also gave his thoughts on how Republican control of the Senate may impact judicial nominations. Hsu pointed out that the three most recent two-term presidents all faced opposition Congresses in the final two years of their presidencies, but all continued to move forward on many nominations.

PFAW Executive Vice President Marge Baker and Senior Legislative Counsel Paul Gordon emphasized the importance of local activists keeping up the momentum around judicial nominations, both during the lame duck and over the next two years. Gordon called on PFAW activists to continue contacting their senators and writing to their local papers. When senators hear from constituents on an issue or see articles written in their local newspaper, Gordon said, they pay attention. Grassroots activism is critical to making sure senators get the message on the importance of the courts, and of confirming nominees before the end of the year.

You can listen to the full audio of the telebriefing here:

PFAW