ACS Releases Statement on First Day of U.S. Supreme Court's High-Stakes Term

MEDIA CONTACT: Nancy Rodriguez, media@acslaw.org

Washington, D.C. -- Below is a statement from Zinelle October, interim president of the American Constitution Society, on the U.S. Supreme Court’s new term.  

“Today, on the first Monday in October, the justices of the U.S. Supreme Court return to the bench for what promises to be a high-profile and consequential term.

ACS recognizes the critical importance of the Court to our democracy.

The Court’s docket this session includes a series of high-stakes cases that demand our attention. Among those are a trio of cases involving whether federal employment discrimination laws protect gay, lesbian and transgender employees. Other important cases are focused on the Trump Administration’s termination of the Deferred Action for Child Arrivals (DACA) program, and the use of public money for religious schools.

In addition, this session will see the Court further settle into its new composition a year after Justice Kavanaugh’s fraught confirmation. With the Court having just accepted for review a challenge to a Louisiana “admitting privileges” law, we will see whether Justice Kavanaugh’s representations at his confirmation hearing regarding his views on stare decisis and Roe v. Wade were truthful.

With so much at stake, it is imperative that we remain vigilant during this session. The Court’s decisions will have significant ramifications for the parties involved, but also for all Americans in the years to come. Now more than ever, courts matter.”

For analysis and insights on the Court’s new term watch ACS's 2019-2020 Supreme Court Preview recorded at the National Press Club on September 25, 2019.

 

 

 

 

 

 

Citizenship Census Question Will Hurt Communities of Color and the President Knows It

WASHINGTON, D.C. — Today the U.S. Supreme Court agreed to hear the Trump administration’s appeal of a lower court ruling that blocked the administration’s attempt to include an untested citizenship question on the 2020 U.S. Census. Below is a statement from ACS President Caroline Fredrickson.

“President Trump’s quest to add a citizenship question to the 2020 U.S. Census is a deliberate attempt to undercount minorities and immigrants. He knows that communities of color will lose both financial support and congressional representation. But that’s the whole point for a President whose hostility to these communities has been on display since day one.

“The Constitution requires a count of ‘the whole number of persons in each State’ every ten years. It is a once-a-decade opportunity to reset our democracy to ensure all people receive fair representation and equal access to government resources. Instead, the President has chosen to corrupt the process for political gain.

“Happily, so far, the courts hearing this case have blocked his efforts, taking his lawyers to task for their faulty reasoning and clear-cut violations of the law. So, the Trump administration asked the Supreme Court to take up its appeal, which it has now done. The Court should affirm the District Court’s decision, but with its new 5-4 conservative majority, including the newly-minted and controversial Justice Kavanaugh, that may be a faint hope.

“This is just one more chapter in the long tale of this administration’s naked racism and contempt for the law.”

Contact: William Lutz at media@acslaw.org

AMERICAN CONSTITUTION SOCIETY
Founded in 2001, the American Constitution Society (ACS) is a leading progressive legal organization and network of attorneys, law students, scholars, judges, policymakers, and other concerned individuals, dedicated to making the law a force to improve people’s lives. For more information, visit us at 
www.acslaw.org or on Twitter at @acslaw. You can also follow Caroline Fredrickson on Twitter @crfredrickson
.

American Constitution Society Welcomes Four New Board Members

Washington, D.C. — The American Constitution Society for Law and Policy (ACS) is pleased to announce the election of four new members to its Board of Directors:

  • Garrett Epps, Professor of Law at the University of Baltimore School of Law and Supreme Court Correspondent at The Atlantic.
  • Holly Fechner, partner at Covington, co-chair of the firm’s Technology Industry group, and Visiting Adjunct Lecturer at the Harvard Kennedy School of Government.
  • Neil Siegel, David W. Ichel Professor of Law and Professor of Political Science at Duke University School of Law and Director of the school’s D.C. Summer Institute on Law and Policy.
  • Franita Tolson, Professor of Law at the University of Southern California Gould School of Law.

“I’m thrilled and honored to be welcoming four new, distinguished leaders to the ACS Board,” said ACS President Caroline Fredrickson. “All four have made immense contributions to the field of law and I know their wisdom and guidance will greatly benefit the ACS network of lawyer and student chapters and our mission.”

Garrett Epps is a Professor of Law at the University of Baltimore School of Law, where he teaches courses in constitutional law, First Amendment law, and fiction and non-fiction writing for law students. Additionally, he is the Supreme Court Correspondent and a contributing editor at The Atlantic.

Epps has been an active contributor to ACS, since shortly after its founding. He was featured as a speaker at its National Convention and is a regular contributor to the organization’s other policy events, seminars, and discussions.

Previously, Epps was the Orlando J. and Marian H. Hollins Professor of Law at the University of Oregon. He co-founded the Richmond Mercury, served as a columnist for the Independent Weekly, and worked as an editor and reporter at the Richmond Afro-American, Washington Post, The Free Lance-Star, and The Virginia Churchman.

Epps clerked for the Honorable John D. Butzner of the U.S. Court of Appeals for the Fourth Circuit. He earned his B.A. from Harvard College, where he was Editor of The Harvard Crimson, and his M.A. in creative writing from Hollins College in Roanoke, Virginia. Additionally, Epps holds a J.D. and a LL.M. in Comparative and International Law from Duke University School of Law.

Holly Fechner is a partner at Covington & Burling LLP, co-chair of the firm’s Technology Industry group, and Visiting Adjunct Lecturer at the Harvard Kennedy School of Government, where she teaches a course on labor and employment policy. Fechner has been an active member of ACS for more than a decade.

Fechner served as Policy Director for the late Senator Edward Kennedy and as Chief Labor and Pensions Counsel for the U.S. Senate Committee on Health, Education, Labor and Pensions, where she led the Senator's efforts to raise the federal minimum wage and drafted the first paid sick leave legislation. Fechner also worked as Legislative Counsel for the AFL-CIO and as an attorney for the National Partnership for Women & Families. In 2010, former Governor Martin O’Malley appointed Fechner to the Maryland Higher Education Labor Relations Board, an independent administrative agency that enforces the state’s collective bargaining law for higher education employees.

Fechner clerked for the Honorable John Feikens of the U.S. District Court for the Eastern District of Michigan. She earned her B.A. from Oberlin College and J.D. from the University of Michigan.

Neil Siegel is the David W. Ichel Professor of Law and Professor of Political Science at Duke University School of Law and Director of the school’s D.C. Summer Institute on Law and Policy.

Siegel has been active with ACS for more than a decade, including as a speaker at its National Convention and chapter events. He serves on the organization’s Board of Academic Advisors and as the faculty Advisor for its Student Chapter at Duke University School of Law.

Siegel researches and teaches in the areas of U.S. constitutional law, constitutional politics, and constitutional theory, and has published work in law reviews and journals across the country. Additionally, he served as special counsel to U.S. Senator Christopher Coons during the Supreme Court confirmation hearing for Justice Brett Kavanaugh and advised the Senator during Justice Neil Gorsuch’s confirmation hearing the prior year.

Siegel clerked for both Justice Ruth Bader Ginsburg at the U.S. Supreme Court and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and was a Bristow Fellow at the U.S. Department of Justice, under Solicitor General Theodore B. Olson. He earned his B.A. and M.A. from Duke University and holds a J.D. and Ph.D. in Jurisprudence and Social Policy from the University of California, Berkeley.

Franita Tolson is a Professor of Law at University of Southern California Gould School of Law and an expert in the areas of election law, constitutional law, legal history, and employment discrimination. Tolson is an active member of ACS and has demonstrated a deep commitment to its amplifying its network beyond the national nonprofit’s West Coast affiliates.

Previously, Tolson was the Betty T. Ferguson Professor of Voting Rights at Florida State University College of Law and a Visiting Assistant Professor at Northwestern University School of Law. Tolson’s research has been featured in the nation’s leading law reviews, including The Notre Dame Law Review, University of Pennsylvania Law Review, Boston University Law Review, and Vanderbilt Law Review, and she has served as a contributor and issue expert for various media organizations, including Reuters, Bloomberg Law, The Hill, and HuffPost.

Tolson clerked for both the Honorable Ann Claire Williams of the U.S. Court of Appeals for the Seventh Circuit and Chief Judge Ruben Castillo of the U.S. District Court for the Northern District of Illinois. She earned her B.A. from Truman State University and her J.D. from the University of Chicago Law School.

American Constitution Society

Founded in 2001, the American Constitution Society (ACS) is a leading progressive legal organization and a rapidly growing network of attorneys, law students, scholars, judges, policymakers, and other concerned individuals, dedicated to making the law a force to improve people’s lives.

For more information about the organization or its 200+ attorney and law student chapters in 48 states, visit www.acslaw.org or find us on Twitter | Facebook | Instagram.

Reforming The Court: October 25 Panel Discussion in D.C.

CONTACT: Wil Lutz, wlutz@acslaw.org

WHAT: Proposals to alter the composition of the Supreme Court have been around for some time and have multiplied in recent years as the judicial nominations process has grown increasingly contentious. With Republican Senators refusing to even hold a hearing for Merrick Garland, and with the recent confirmation of Brett Kavanaugh, some claim the Court has never been this politicized and partisan. What can be done to save its legitimacy? Join ACS and a panel of experts on Thursday, October 25 at 12:00pm ET for a discussion of the alternatives.

Welcome:
Mark Schmitt
, Director, Political Reform Program and Senior Advisor, Leadership Team, New America

Introduction:
Kara Stein, Vice President of Program and Policy, American Constitution Society

Featured Speakers:
Kimberly Atkins, Chief Washington Reporter and Columnist, Boston Herald, and MSNBC Contributor, Moderator
Robert Bauer, Professor of Practice and Distinguished Scholar in Residence, NYU School of Law; White House Counsel to President Obama
Amanda Frost, Professor of Law, American University Washington College of Law
Aziz Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School
Ganesh Sitaraman, Chancellor Faculty Fellow, Professor of Law, Vanderbilt Law School

WHEN:

Thursday, October 25 at 12:00pm ET

WHERE:
New America, 740 15th Street NW, Washington, D.C. 20005

RSVP here

The American Constitution Society (ACS), founded in 2001 and one of the nation's leading progressive legal organizations, is a rapidly growing network of lawyers, law students, scholars, judges, policymakers and other concerned individuals dedicated to making the law a force to improve lives of all people. For more information about the organization or to locate one of the more than 200 lawyer and law student chapters in 48 states, please visit www.acslaw.org.

Senate Confirms Kavanaugh Despite Serious Credibility and Temperament Questions

Washington, D.C. — The Senate today confirmed Brett Kavanaugh for a seat on the United States Supreme Court despite accusations of sexual assault, serious questions about the truthfulness of his testimony during his confirmation hearings, and ongoing concerns about his temperament. Below is a statement from Caroline Fredrickson, President of the American Constitution Society.

“Today marks a very sad point in the history of the U.S. Supreme Court. A new justice has assumed a seat on the Supreme Court bench despite many serious questions about his character, truthfulness, and ability to serve in a fair and impartial manner.

“From the beginning, it was clear that Kavanaugh’s supporters in the Senate were going to shoehorn him onto the Court no matter the cost. Serious questions were raised about his character, credibility, and truthfulness and they chose to ignore them. Conservatives have been trying to weaponize the judiciary and transform it into a policy tool in service of their agenda for decades; it seems that confirming a deeply flawed nominee is a small price to pay to make that happen.

“The Supreme Court is supposed to be above politics, an institution where only those of the highest integrity are meant to serve. These last weeks have revealed Brett Kavanaugh to be an extreme partisan of questionable character, an individual unsuited for a seat on our highest court. Our justice system may never be the same.”

Contact: William Lutz 202-393-6187, wlutz@acslaw.org

###

 

“This has to stop” - GOP Poised to Tarnish Supreme Court for Generations

FOR IMMEDIATE RELEASE

Washington, D.C. — Today, the Senate Judiciary Committee will hear from Dr. Christine Blasey Ford, one of three women who have come forward to accuse Brett Kavanaugh, President Trump’s Supreme Court nominee, of inappropriate sexual behavior. GOP members of the committee have scheduled a Friday vote on Kavanaugh’s nomination, this despite calls for an independent investigation into Dr. Blasey Ford’s allegations or the simple fact that they have yet to hear from Dr. Ford herself.

Prior to the hearing, American Constitution Society President Caroline Fredrickson issued the following statement:

“For the good of the country, this has to stop. There are so many unanswered questions about Kavanaugh’s truthfulness, gaps in his written record, and allegations of serious sexual misbehavior, that it would be irresponsible to ask Senators to vote on his nomination without a deeper independent investigation.

“The Supreme Court is supposed to be above politics. It is supposed to be the last hope of those seeking justice against powerful and often discriminatory special interests. But the Senate GOP is poised to tarnish the Court’s time-honored legacy with their headlong rush to win at any cost and install Kavanaugh on the court despite serious and credible questions about his fitness. It is perhaps the ultimate selfish expression of their ongoing effort to weaponize the judiciary and transform it into a policy tool in service of their far-right agenda.

“The Supreme Court is already well to the right of most Americans when it comes to our most basic freedoms and protections. Shoe-horning Kavanaugh onto the court despite all the controversy will only push the court further out of the mainstream and taint the court’s reputation for generations to come.”