Brianne Gorod, a staff attorney with the Constitutional Accountability Center and former clerk for Justice Stephen Breyer, said it's obvious Texas is trying to run out the clock on Obama's efforts to launch DAPA before he leaves office. But Gorod said the Supreme Court has full discretion over case timelines.
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Evenwel’s arguments—which fly in the face of our Constitution’s promise of equal representation for all—would undermine minority representation both in Texas, the state Evenwel is suing, and throughout the nation. Recent events in Yakima, Washington, provide a good example.
"The government's decision to seek Supreme Court review of President Obama's immigration action is welcome," Brianne Gorod, appellate counsel with the Constitutional Accountability Center, said in a statement. Gorod, a former clerk to Justice Stephen Breyer, added that "the court can easily hear this case in the current term, which is important given both the case's significance and the fact that the lower courts have blocked the president's action from going into effect." "In fact, given the court's normal procedures, it would risk the appearance of engaging in politics if the court didn't hear the case this term," Gorod said.
CAC's Elizabeth Wydra appeared on FOX News Channel to discuss the Obama Administration's appeal to the U.S. Supreme Court seeking review of the President's executive actions on immigration, known as DAPA.
"The court can easily hear this case in the current term, which is important given both the case’s significance and the fact that the lower courts have blocked the president’s action from going into effect," said Brianne Gorod, appellate counsel for the liberal Constitutional Accountability Center and former clerk to Justice Stephen Breyer. "In fact, given the court’s normal procedures, it would risk the appearance of engaging in politics if the Court didn’t hear the case this term.”
Then there are the Republican state legislators who sing the praises of federalism, making the point that the Supreme Court shouldn't be telling states how to manage their own labor relations. "What the challengers in Friedrichs are trying to do is constitutionalize a single answer for the entire country," says Elizabeth Wydra, chief counsel for the Constitutional Accountability Center, which wrote the brief. "However you feel about agency shop arrangements, it’s something the law currently leaves to the states, and the Supreme Court shouldn’t change that."
This blow-out record has emboldened business advocates to shoot for the moon, throwing precedent and caution aside. In recent years, and specifically in the cases the Court is now mulling, the Chamber and its allies have worked toward carving out what amounts to a law-free zone, effectively immunizing corporations from private lawsuits when they violate virtually any law, state or federal, enacted to protect consumers, employees, minorities, women, retirees, small investors, or small business suppliers.
CAC's Elizabeth Wydra appeared on the Bill Press Show to discuss major issues before the Supreme Court this Term, including immigration, abortion, and contraception.
Elizabeth Wydra, a lawyer with the liberal Constitutional Accountability Center, said conservative and liberal justices alike will be concerned about "courts becoming the battlefield for political disputes" by allowing states to challenge a broad range of federal actions.
Elizabeth Wydra, chief counsel of the Constitutional Accountability Center, filed a brief on behalf of a bipartisan group of former members of Congress in support of the administration. "The 5th Circuit majority misunderstands the discretion given to the executive under existing immigration law which the Supreme Court itself has explicitly recognized," she said.
"Tyson Foods and its allies are urging the court to issue a really broad ruling that would make it harder for injured persons to bring class actions," says David Gans, civil rights director at the Constitutional Accountability Center. That, he says, could "close the courthouse doors on ordinary Americans."
The chief counsel of the Constitutional Accountability Center, Elizabeth Wydra, filed a brief on behalf of a bipartisan group of former Congress members to support Obama's administration, saying, "The 5th Circuit majority misunderstands the discretion given to the executive under existing immigration law which the Supreme Court itself has explicitly recognized."