"I do think overall this is a conservative court," said Elizabeth Wydra, chief counsel of the Constitutional Accountability Center and a CNN contributor. But she added that on civil rights and equality issues, the Court this term had indeed delivered some progressive rulings.
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CAC's Elizabeth Wydra appeared on CNN to discuss the controversy over state officials in Texas potentially refusing to issue marriage licenses to same-sex couples in the wake of the Supreme Court's ruling in Obergefell v. Hodges.
Said Tom Donnelly, counsel for the D.C.-based Constitutional Accountability Center, which filed a brief in support of the EPA on this case, “For the first time ever, the Court requires the EPA to consider compliance costs for industry without any mention by Congress of such a requirement. As Justice Kagan wrote in her dissent, ‘That is a peculiarly blinkered way for a court to assess the lawfulness of an agency’s rulemaking.’”
Tom Donnelly, counsel with the Constitutional Accountability Center, noted, “This the first time that the Supreme Court has required the EPA to consider compliance costs for industry without any mention by Congress of such a requirement.”
Standing among the crowds of happy Americans celebrating the victory for marriage equality on the courthouse steps, the nation was continuing along its arc of progress, and history was being made. Chief Justice Roberts, however, chose to make himself a footnote to that history rather than be a part of it.
CAC's Elizabth Wydra joined the Bill Press Show to discuss the big cases rounding out the Supreme Court Term.
"This Supreme Court is unquestionably responsive to the views of corporate America. Here, in both the healthcare and marriage cases, those views aligned with a progressive outcome," said Doug Kendall, president of the Constitutional Accountability Center, a left-leaning legal activist group.
CAC's Brianne Gorod appeared on FOX News Channel to discuss victories in the Affordable Care Act and marriage equality cases decided by the U.S. Supreme Court.
Nearly 150 years ago, our nation redeemed the Constitution from the sin of slavery, guaranteeing liberty and equality under the law to all persons, and giving to Congress sweeping new constitutional authority to help realize our Constitution’s promise of equal citizenship stature for all Americans. This term at the Supreme Court, the justices reaffirmed the fundamental constitutional truths at the heart of the Fourteenth Amendment, and of the civil rights laws passed to realize its goals, that demand true equality.
“It’s difficult not to feel fairly gleeful about this term after two consecutive days of sweeping wins in hugely important cases,” said Elizabeth Wydra, chief counsel at the progressive Constitutional Accountability Center. “These victories,” Wydra said, “are perhaps even sweeter when you think that we are achieving them in a court with a conservative majority.”
Chief Justice Roberts has used his power to entrench the ACA—against demands from the left for a command-and-control version of the ACA individual mandate, and against conservatives' strategy of killing the ACA in court. This, Roberts concluded, is “the type of calamitous result that Congress plainly meant to avoid”—and which, the chief justice made crystal clear, he will be loath to permit, in this case and any other challenge the law’s opponents might cook up.