This moment in our history is perilous for the continued recognition of rights that too many people born after Roe take for granted. So much has changed since the Court reaffirmed the right to access abortion one year ago that now, more than ever, progressives must understand the tremendous power that America’s courts have to shape our daily lives. In the era of Trump, that power can do incalculable damage if we do not focus our activism and our votes as if our rights depended on it. Because they do.
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Ziglar offers a thin, unconvincing view of separation of powers that never takes seriously that the judiciary has an affirmative role to play in the Constitution’s system of separation of powers. It closes the courthouse doors on victims of unconstitutional misconduct, discounting the judicial check our Constitution’s Framers insisted. It turns its back on the rule of law, the building block of our most precious constitutional guarantees.
Congressional standing is not an all-or-nothing proposition, available in all circumstances or available in none. We have never taken that position, and neither have our clients. Instead, members of Congress—just like any other plaintiffs—may have standing in one case and not in another, depending on the specific claim.
When President Trump took the oath of office, he swore to “preserve, protect and defend” the Constitution of the United States. Yet since he took that oath, he has been flagrantly violating a critical provision of the Constitution that was designed to ensure that the nation’s leaders would always put the national interest above their personal self-interest.
The bottom line, as court after court has recognized, is that religious intolerance masquerading as security is offensive to the principles on which the Founders established this nation, and toward which we as a country must constantly strive. Sessions has promised to appeal to the U.S. Supreme Court the administration’s defeat in the 4th Circuit, but it is past time for Trump to stop the masquerade. He should jettison his unconstitutional Muslim travel ban.
As the 2008 financial crisis demonstrated, systemic abuses against some borrowers can have devastating effects on everyone. America needs a truly independent financial regulatory authority that is insulated from industry influence and can work on behalf of individual consumers and the U.S. economy as a whole.
In the Trump era -- with a Senate confirmation process now subject to a simple majority vote, thanks to McConnell and Senate Republicans -- it is impossible to imagine any stronger or more able steward of Justice Kennedy's legacy than Kennedy himself. Despite all the pressure and pointed rumors of his retirement, he surely realizes this.
The Sessions Department of Justice is not developing a strong track record when it comes to presenting facts fairly and honestly. If it continues on this course, it will likely undermine its credibility with the judges whom it is trying to persuade. And that’s as it should be, because facts matter, whether this Administration realizes it or not.
The Constitution’s promise of religious freedom is neither an accident of history nor a footnote. Trump’s anti-Muslim travel and refugee ban defies this founding wisdom.