In our newsletters AFJ will cover the Supreme Court, the lower federal courts, some related administrative appointments, court reforms and ethics updates, and right-wing attempts to hijack our courts for partisan or political purposes. Thanks for following and for taking action when it is called for. 

Oral Arguments This Week  

This week, the Supreme Court heard oral arguments in Barnes v. Felix, a case stemming from the fatal shooting of Ashtian Barnes by a police officer. The Court is examining how to evaluate Fourth Amendment claims of unreasonable seizure. Prior precedent calls for a broad interpretation of Fourth Amendment protections, highlighting the importance of a context-driven analysis of reasonableness as it relates to an officer’s conduct. The court should be clear and firm in upholding this approach. A narrow ruling, even if it favors the petitioners, risks weakening constitutional protections and may ultimately favor law enforcement over individual rights.  

Filling Out the Docket  

The Supreme Court has granted cert in several big cases as it finished filling out its docket (except, perhaps, for emergency or shadow-docket cases). Recently, the justices granted certiorari in Becerra v. Braidwood Management, Inc., a case involving Christian-owned businesses and individuals in Texas who argue that the requirement to cover pre-exposure prophylaxis (PrEP) for HIV prevention infringes on their religious freedoms. The Court also added A.J.T. v. Osseo Area Schools, where a student with severe epilepsy has sued the Osseo Area Schools District for disability discrimination after the district denied her request for evening instruction. Additionally, in Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission, the Court will decide whether a state violates the First Amendment by denying a religious organization a tax exemption because it does not meet the state's criteria for religious activities.  

Another new case, Mahmoud v. Taylor, challenges the use of LGBTQ-inclusive storybooks and gender and sexuality education in public schools. A group of Maryland parents is asserting that such teachings violate their First Amendment rights. 

These four cases could harm millions if the conservative majority on the Supreme Court continues to reshape the law by expanding claims of religious freedom, often at the expense of other individual rights — posing a direct threat to constitutional protections that have long been in place.  

To learn more about these and other cases, check out our Supreme Court Term Preview. 

Confirmation Hearings  

On Wednesday, January 15, the Senate Judiciary Committee held a confirmation hearing for Pam Bondi, President Trump’s nominee for Attorney General. AFJ quickly expressed opposition to her nomination, citing concerns over the independence of the Department of Justice. Appointing a loyalist like Bondi — who defended Trump during his impeachment, supported efforts to overturn the 2020 election, and more — would undermine the essential independence of the position. 

Earlier today, the Senate Judiciary Committee held a hearing for Trump’s nominee for FBI Director, Kash Patel. Another staunch Trump loyalist, Patel has openly vowed to punish the president’s critics. AFJ also opposed his nomination, as Patel’s focus on retribution is un-American and will take precious resources away from ensuring safety and justice for American citizens. 

In his first week in office, President Trump signed several executive orders, pushing the boundaries of executive power. One of these orders sought to eliminate birthright citizenship, a move that could have severe consequences for millions of Americans, including the potential separation of families. In fact, the Center for Immigration Studies estimates that in 2023 alone, approximately a quarter of a million children were born to non-citizen parents. Trump also issued a freeze on federal funding, halting public loans, grants, and aid, which could disrupt funding for everything from state governments to non-profits. 

However, federal judges are holding the benchline. Senior Judge John Coughenour (W.D. Wa.) and Judge Loren AliKhan (D.D.C.) have both played pivotal roles in temporarily blocking parts of Trump’s agenda. Judge Coughenour, a Reagan appointee, struck down the birthright citizenship order, calling it “blatantly unconstitutional.” The case was brought by the Northwest Immigrant Rights Project on behalf of pregnant individuals in Washington State, where neither parent is a U.S. citizen. This ruling marks just the beginning, as additional lawsuits have been filed by Democratic attorneys general and immigrant rights groups. President Trump has indicated his intent to appeal. 

Meanwhile, a coalition of non-profits, including the National Council of Nonprofits and the American Public Health Association, filed a legal challenge on Tuesday, requesting an emergency order. Judge AliKhan has not yet ruled on the case’s merits but has temporarily paused actions affecting federally funded programs while she reviews the arguments. 

AFJ will keep you updated on any significant developments.  

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