Hey Indivisibles,
Supreme Court news usually flies under the radar, and we get it -- it's
often a slow, complicated process, and big news events like impeachment or
elections take up a lot more air time. But what happens at the Supreme
Court has MAJOR implications on our democracy — so we wanted to take a
moment to break down some of the decisions we’re watching for in the
coming weeks and what’s at stake.
The Consumer Financial Protection Bureau (CFPB)
Last week, the Supreme Court heard oral arguments in the CFPB case, and it
was scary stuff. The legal issue at the center of the case is whether the
agency’s structure is constitutional or not -- the Trump administration is
arguing that the CFPB is unconstitutional because the director can’t be
fired by Trump without cause. They're arguing that the CFPB violates the
separation of powers and that the director of the agency has too much
power. This is a pretty wild legal theory, but as we know, Trump has been
very successful in stacking the Supreme Court with conservatives who are
friendly to Trump’s wild legal theories.
That means that the CFPB, an incredibly popular regulatory agency that was
established by Sen. Elizabeth Warren in the wake of the 2008 financial
crisis, is at risk. This case is significant because it would put ALL of
the CFPB’s work over the last decade at risk. It also has broad
implications for the constitutionality of other independent agencies that
are structured in the same way (like the Federal Reserve...yikes!).
Abortion Rights
The Supreme Court also heard arguments last week in the Louisiana abortion
ban case. At the center of this case is a Louisiana law that requires
abortion doctors to have admitting privileges at a hospital nearby the
clinic -- a requirement that serves no legitimate medical purpose, and
only creates insurmountable barriers for clinics to provide reproductive
health care.
These requirements are completely unnecessary because abortions almost
never require patients to be admitted to hospitals. Four years ago, the
Supreme Court struck down a Texas law that was nearly identical to the
Louisiana one -- the only difference was the ideological makeup of the
court. In the 2016 case, then-Justice Anthony Kennedy joined the liberal
side of the bench to uphold abortion access.
Trump’s Tax Returns
Beginning March 31, the Supreme Court will hear oral arguments for three
cases involving Trump’s taxes and financial documents. Trump’s lawyers are
challenging orders by lower courts to turn over his financial records to
committees in the House of Representatives, as well as to local
prosecutors in Manhattan.
Trump has repeatedly refused to turn over his tax returns, denying the
American people the opportunity to know who he does business with and who
he owes money to, including whether or not he is in debt to foreign
governments. The eventual ruling will have major implications on the
authority of congressional investigators and law enforcement to
investigate corruption in the executive branch.
All of these Supreme Court cases -- the CFPB, abortion rights, and Trump’s
tax returns -- will have a significant and generational impact on the way
that our democracy functions.
With the politicization of the federal judiciary in recent years, it’s
clear that we need to reform the courts. That means unpacking the lower
courts that have been taken over by Trump and Mitch McConnell, imposing
term limits on justices, and adding seats to the Supreme Court.
Unfortunately, none of this is possible without first taking back the
Senate. Most of the court reforms necessary for a functioning judiciary
can be done through simple legislation -- no constitutional amendment
needed. But we can’t get anything done with McConnell in charge. That’s
why we’ve launched the Payback Project -- to flip the Senate, fix the
courts, and achieve the progressive policies that will save our democracy.
[ [link removed] ]Click here to learn more about the Payback Project and join our work to
take back the Senate and take back the courts.
In solidarity,
Indivisible Team
P.S. -- We know this email was a bit of an info-dump! If you’re sitting
there wondering, “What am I supposed to do with all this information?” one
great way to support the Payback Project is with a small donation. Our
four-step plan to take back the Senate this year will build
accountability, organize and boost political power to win, and get out the
vote in key states nationwide. But as always, we need your help to make it
happen. [ [link removed] ]Click here to make a $10 donation to support the Payback
Project and all our work.
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