TODAY IN HISTORY, FDR COURT-PACKING | Federalism, Gerrymandering, SCOTUS, Oh My!
February 5, 2018
TODAY IN HISTORY
|On this day in 1937, PRESIDENT FRANKLIN ROOSEVELT proposed increasing the number of U.S. Supreme Court justices. This was the famous proposal to “pack” the court and it ultimately failed in Congress.
FOR THE LOVE OF FEDERALISM
|Brent Kendall and Scott Calvert with The Wall Street Journal report the justices face a “sensitive choice on whether to intervene in a partisan battle over Pennsylvania’s congressional map.” The two point out how a decision from the court — even just a decision to review the case — could have serious implications for the role of federalism in the American political system.
ONE TOO MANY
|“Opponents of gerrymandering have won a historic string of victories in the courts recently, yet millions of voters will cast their ballots this fall in districts that judges have declared to be unconstitutional.” That’s Robert Barnes with The Washington Post explaining the state of all things while several states await some major decisions from SCOTUS on partisan gerrymandering. He writes, “The justices have routinely told states found to be offenders that they do not have to immediately redraw the maps, which almost surely means they won’t be in place for the 2018 elections. The Supreme Court’s action has been frustrating to lawyers involved in the years-long litigation. ‘A single election under an unconstitutional map is one too many,’ Ruth Greenwood, senior legal counsel at the Campaign Legal Center, said after the court said North Carolina did not immediately have to redraw its congressional map.”
SCOTUS VIEWS
How Congress Can Protect Mueller
The New York Times“The majority in the Supreme Court had no trouble rejecting Justice Scalia’s arguments, which were palpably absurd in the wake of Watergate. Now that we have a president who poses the greatest threat to constitutional norms since Nixon, Congress needs to rediscover its constitutional responsibilities. It should pass a bill that grants the special counsel for-cause protection against firing by the president, and it should do so before it’s too late.”
I Thought Gay Rights Were Safe. Now I Know I Was Wrong.
The Washington Post“GLAAD and the Harris Poll, which conducted the survey of 2,160 adult Americans, the majority of whom were non-LGBTQ, suggest the change has much to do with who is sitting in the White House. GLAAD President Sarah Kate Ellis said that President Trump’s policies, including his announced ban on trans military members and the appointment of Neil M. Gorsuch to the Supreme Court, were partially responsible. So was his rhetoric.”
OTHER NEWS
Abortion Is A Focus Of Early Action in Legislative Sessions
The Associated Press“Abortion is a perennial hot button issue in statehouses across the country. Republican-controlled states have passed hundreds of bills since 2011 restricting access to the procedure while Democratic-led states have taken steps in the other direction. The early weeks of this year’s state legislative sessions have seen a flurry of activity around the issue. It comes as activists on both sides say they expect the U.S. Supreme Court to soon consider a question that remains unclear: How far can states go in restricting abortion in the interest of preserving and promoting fetal life?”