Caroline Fredrickson

  • March 4, 2015

    by Jeremy Leaming

    Following oral argument in the latest effort to topple the Affordable Care Act, SCOTUSblog’s Lyle Denniston says a major part of the private discussions among Supreme Court justices will center on the harm they could do to the nation’s health care system if a majority buys the challengers’ argument in King v. Burwell.

    ACS President Caroline Fredrickson on MSNBC’s “The Cycle,” tore into the challengers’ statutory based argument, saying it strays far from precedent on statutory interpretation.

    Fredrickson, discussing a federalism-based question from Justice Anthony Kennedy during the March 4 oral arguments, said it would be absurd to believe Congress placed into the health care legislation a “ticking time-bomb,” which would strip tax support from large numbers of the currently insured in an effort to coerce 34 states to set up their own exchanges.

    Instead Fredrickson argued that the justices should look at the text within its context. This is basic statutory interpretation learned early in law school, she said.

    See video of “The Cycle," below:

     

  • November 10, 2014

    by Caroline Cox

    In the Los Angeles Times, David G. Savage and Timothy M. Phelps argue that President Obama is unlikely to change the ideology of the Supreme Court with the new Republican Senate. ACS President Caroline Fredrickson is quoted in the article.

    Noah Feldman examines the newest challenge to the Affordable Care Act before the Supreme Court this term in Bloomberg View.

    In the Detroit Free Press, David H. Gans argues against the decision of U.S. Sixth Circuit Court of Appeals Judge Jeffrey Sutton that upheld same-sex marriage bands in four states.

    Jessica Eaglin writes at the blog for the Brennan Center for Justice on California’s Proposition 47 and the attempt to slow mass incarceration.

    At The Atlantic¸ Matt Ford explains why the Supreme Court may not have to rule on same-sexmarriage. 

  • November 7, 2014

    by Caroline Fredrickson, President, American Constitution Society for Law and Policy. Follow her on Twitter @crfredrickson. This piece originally appeared on The Huffington Post.

    Many may despair -- believing the next two years in Washington will be a long slog of tiresome partisan fights with no positive action to improve the lives of Americans. But moping is the last thing progressives should be about.

    Let's talk judicial nominations. Federal courts are vital -- they decide pressing matters every day, whether they are challenges to employment discrimination, corporate malfeasance, or immigration appeals. Do we just throw our hands up on judicial nominations, buying into a lazy argument that nothing much can be done now with a Senate controlled by Republicans? There likely are many important policy matters that will be shelved. But it doesn't have to be that way with judicial nominations. On this front there's work to be done and it can be achieved with an energetic attitude -- not apathy.

    There are 64 vacancies on the federal bench and if we give up on the federal courts that number will spike and we'll have judges with outlandish caseloads and Americans with a sluggish, inefficient court system. Part of the Senate's job is to confirm judges to ensure our country has a well-running judicial system. We know all too well that for much of Obama's presidency, Senate Republicans have obstructed the process, slow-walked the president's nominations while arguing everything was just fine. Republican leaders who will take control of the Senate in the New Year are talking about cooperation and working with President Obama, but let's be ready to hold them to their words.

    Some of the current vacancies can and should be filled during the lame-duck session. Democrats in the Senate need to get over the outcome of the midterm elections in quick manner and fill 25 vacancies, which can be done -- with the right attitude. There are 16 judicial nominees who have been approved by the Senate Judiciary Committee and are ready for up-or-down votes on the Senate floor. There's no excuse for letting those nominees languish. There are also nine nominees, who have had hearings before the Senate Judiciary Committee. The Committee should move those nominations to the Senate floor as soon as possible. This is doable in the lame duck.

    And then the next two years -- again no time for dwelling on what could have been. The Senate Republicans may turn back to their obstructionist ways -- let's hope not. Maybe they'll surprise us on the judicial nominations front and realize this is an area for cooperation. But if not, progressives must be ready to push back and keep up the pressure, reminding as many Americans as possible of the great importance our judicial system is to a well-functioning democracy.

  • October 22, 2014

    by Paul Guequierre

    In what was clearly the exception, not the rule, a federal judge Tuesday upheld Puerto Rico’s ban on marriage equality. U.S. District Judge Juan Perez-Gimenez, ruled that 40-year-old precedent from the U.S. Supreme Court dictates courts must uphold laws against same-sex marriage. Judge Perez-Gimenez was referring to Baker v. Nelson, a 1972 marriage equality case that the Supreme Court refused to hear.

    The Washington Blade reports Perez-Gimenez criticized the wave of marriage equality victories in states across the country.

    "Because no right to same-gender marriage emanates from the Constitution, the Commonwealth of Puerto Rico should not be compelled to recognize such unions,” Perez-Gimenez writes. “Instead, Puerto Rico, acting through its legislature, remains free to shape its own marriage policy. In a system of limited constitutional self-government such as ours, this is the prudent outcome. The people and their elected representatives should debate the wisdom of redefining marriage. Judges should not.”

  • October 21, 2014

    by Caroline Cox

    Derek Willis reports in The New York Times on the new ACS-sponsored study that shows that increased spending in judicial elections after Citizens United is leading to a system of skewed justice.

    At BuzzfeedChris Geidner reports on the efforts of progressives to find a replacement for Attorney General Eric Holder. ACS President Caroline Fredrickson provides her insight in the article. 

    NPR’s Nina Totenberg sat down with Justice Ruth Bader Ginsburg and Israeli Supreme Court President Dorit Beinisch at 92nd Street Y to discuss the role of the Supreme Court in a democracy.

    In The Nation, Ari Berman looks at the Supreme Court’s decision on the Texas voter ID law.

    Leslie Griffin discusses in Hamilton and Griffin on Rights the major problems with the Texas voter ID law and how it places a burden on minority voters in the state.

    Richard Re considers at Re’s Judicata how Justices should time their retirements and to what degree they should consider expected replacements when deciding.