Constitutional Accountability Center

  • January 27, 2015

    by Nanya Springer

    The Constitutional Accountability Center recently released the fifth installment of its year-long series, “Roberts at 10,” in which Brianne Gorod details the ways Chief Justice John Roberts’ voting record has undermined the public’s access to the courts.  She points out that Roberts has consistently taken positions limiting the scope of the standing doctrine, heightening pleading requirements, restricting exceptions to state sovereign immunity and expanding arbitration.  In fact, as Gorod notes, the Chief Justice has sided with the majority in every significant decision bolstering mandatory arbitration agreements, while every case expanding access to the courts has received his emphatic dissent.

    This restricted access to the courts, and in particular the expansion of arbitration as a mandatory alternative dispute remedy, has had far-reaching negative consequences for consumers and workers.  Governed by the Federal Arbitration Act, written arbitration agreements have become a ubiquitous, lurking menace, surfacing to harm consumers again and again and again

  • December 16, 2014

    by Nanya Springer

    During his confirmation hearings in 2005, many voiced concerns that then-Supreme Court nominee John G. Roberts had consistently opposed attempts to strengthen women’s rights while he was a legal adviser in the Reagan White House.  Roberts responded to those concerns by generally reassuring the Senate Judiciary Committee that he supported equal rights for women, including in the workplace.  When asked about his position on abortion, Roberts responded that he would respect precedent, referencing the stare decisis principles articulated in Planned Parenthood v. Casey.

    Now that the Roberts Court has entered its tenth year, the Constitutional Accountability Center has released Roberts at 10: Roberts’s Quiet, But Critical, Votes to Limit Women’s Rights.  The newest installment in CAC’s Roberts at 10 series investigates how Roberts has approached women’s issues during his tenure as Chief Justice.  CAC points out that while there has been some progress on women’s issues in the past ten years, those victories have largely been in cases where there was little or no disagreement on the Court.  In cases that resulted in limiting workplace equality and reproductive freedom, however, the Court has typically been split 5-4 with Roberts joining the Court’s majority.

    The piece is best read in conjunction with previous installments, especially Roberts at 10: A Look at the First Decade of John Roberts’s Tenure as Chief Justice, which explains how Roberts’s position as Chief Justice allows him to influence the scope of Court decisions and the willingness of other justices to join the majority instead of write concurring opinions.

  • November 1, 2013
    Guest Post
    * This post originally appeared on CAC’s Text & History Blog.
    In December, the Supreme Court is scheduled to hear an important case out of Mount Holly, New Jersey, that involves Fair Housing Act (FHA) claims in the context of an effort by Mount Holly Township to use eminent domain to redevelop its only predominately minority community – and in the process, displace and raze the homes of its residents. As such, the case raises an important test of whether conservatives hate eminent domain more than they detest civil rights statutes like the FHA that protect minority homeowners from unjustified disparate impact. The answer apparently is the latter.
    As everyone knows, the property rights movement has led a crusade against eminent domain in the courts over the past decade, highlighted by the case of Kelo v. New London.  While they lost Kelo, property rights groups such as the Institute for Justice and the Pacific Legal Foundation (PLF) have used public sentiment against the Kelo ruling to fuel ballot initiatives and legislation that have passed in whole or in part in 42 states. A critical talking point for leading groups in this crusade has been the impact that eminent domain can have on low-income and minority communities. This concern has activated some important groups on the Left.  For example, the NAACP, the Southern Christian Leadership Conference, and other big names of the civil rights community filed briefs for the plaintiff in Kelo alongside the property rights groups.
    It would seem, then, that something we could all agree on is that eminent domain should not be used as a tool for racial discrimination. That is precisely what is being alleged by the homeowners in the Mount Holly case, whose homes are slated to be demolished to make way for a planned community of significantly more expensive housing units with a tony-sounding name, “The Villages at Parker’s Mill.” They are seeking a court hearing on their claims under the FHA that the township is employing eminent domain in a way that unjustly disadvantages minority homeowners and residents.
  • October 22, 2013

    by Jeremy Leaming

    After more than four years of obstructing President Obama’s judicial nominations and causing the vacancies on the federal bench to hover at or above 80, right-wing organizations are ratcheting up their efforts to re-write history. The Heritage Foundation, proclaims that no obstruction has occurred and that Obama is remaking the federal bench, but asks us to ignore what unfolded during his first term. The lesser-known Judicial Crisis Network (JCN) is out with a slideshow of 13 graphics that aims to support an effort of Republican senators to shrink the size of the U.S. Court of Appeals for the District of Columbia Circuit, where vacancies have languished for years on end.

    Senate Judiciary Committee Ranking Member Chuck Grassley (R-Iowa) has long sought to chop seats from the D.C. Circuit, widely considered one of the most powerful federal appeals courts in the land, claiming it has a flimsy workload. Grassley and his fellow Republicans successfully kept Obama from filling one of the D.C. Circuit’s longstanding vacancies until the start of his second term. There are still three vacancies on the 11-member court.

    When Obama announced three nominations to those vacancies earlier this year, Grassley introduced a bill aimed at cutting – you guessed it – three seats from the D.C. Circuit, arguing the Circuit’s current judges had light caseloads and there was no need for more judges. But as the Constitutional Accountability Center (CAC) and others have noted, Grassley’s claims about the D.C. Circuit ignore reality. The D.C. Circuit hears far more complex and constitutionally weighty matters than the other federal appeals court circuits. 

    The JCN is headed by Carrie Severino, an attorney devoted like the Tea Party to destroying health care reform and mild regulations (Dodd-Frank) of the financial industry. The group's “infographic” containing 13 slides purports to show that the D.C. Circuit “is the most underworked court in the country.” It is, as People For The American Way’s blog notes, a slideshow “recycling old, discredited arguments ….”

    Earlier this year when Grassley launched his latest attempt to slash judgeships from the D.C. Circuit, he claimed, “No matter how you slice it, the D.C. Circuit ranks last or almost last in nearly every category that measures workload.” That statement caught the attention of The Washington Post’s “The Fact Checker,” which concluded it was deserving of “Two Pinocchios,” meaning it contained “significant omissions and/or exaggerations.”

  • July 9, 2013

    by Jeremy Leaming

    To hear Ranking Senate Judiciary Committee member Sen. Chuck Grassley (R-Iowa) tell it, the Senate is not the chamber where noncontroversial judicial and executive branch nominees languish.

    Yesterday when the Senate confirmed Gregory Phillips to a seat on the U.S. Court of Appeals for the Tenth Circuit, Grassley crowed in a press statement that “the Senate is processing the President’s nominees exceptionally fairly. President Obama is certainly being treated more fairly in the beginning of his second term than Senate Democrats treated President Bush in 2005. It is not clear to me how allowing more votes so far this year than President Bush got in an entire year amounts to ‘unprecedented delays and obstruction.’”

    Grassley has long argued that there is no obstruction of judicial nominees in the Senate, that vacancies on the federal bench have remained high because the president has been slow to put forth nominees and that one of the most powerful federal appeals court circuits is not all that busy, so it should be stripped of three judgeships. All of these assertions are beyond wobbly, they’re intentionally misleading. Grassley’s arguments for yanking judgeships from the U.S. Court of Appeals for the District of Columbia Circuit are especially obnoxious, aimed at trying to ensure that the D.C. Circuit remains tilted to the right for as long as possible.

    Despite the nominations that have been confirmed this year, there remain more than 80 vacancies on the federal bench, for a reason. Many of this year’s confirmations for example, should have happened in the previous Congress. Instead, the president’s judicial nominees have endured a significantly longer and divisive path to confirmation than Bush’s.

    When Phillips was confirmed for a Tenth Circuit judgeship, Sen. Judiciary Chairman Patrick Leahy (D-Vt.) shot back at Grassley’s pronouncements on the success of Obama’s judicial nominations, noting that confirmations occurring this year were long overdue, essentially highlighting the fact that the length of time from nomination to confirmation has expanded because of the delaying tactics of Senate Republicans.