Supreme Court reshapes Congress’ power to allow lawsuits

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In dissent, Justice Clarence Thomas writes that the court ‘has relieved the legislature of its power to create and define rights’

A Supreme Court decision Friday about a class-action lawsuit against credit reporting agency TransUnion limits Congress’s power to determine who can file a federal lawsuit — by shifting more of that decision to the judicial branch.

The case centers on the Fair Credit Reporting Act of 1970, which created a way for consumers to file a lawsuit to recover damages for certain violations of law, in part to protect consumer privacy. The majority ruled, in a sharply divided 5-4 opinion, that some of the plaintiffs did not have the right to file the lawsuit.

In doing so, the majority delves into separation-of-powers issues between the three branches of government. And the court concludes that Congress can give people the right to file a lawsuit over violations of law, but ultimately the federal courts have the power to say whether those people can file those lawsuits. Continue reading.

GOP senator cites racist, anti-LGBTQ Fox News contributor in floor speech

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Sen. Tommy Tuberville (R-AL) finds a kindred spirit in Mark Steyn.

In a speech given on the floor of the Senate on Monday night, Sen. Tommy Tuberville (R-AL) extensively quoted from a bigoted column written by conservative pundit Mark Steyn.

Tuberville made his statement in the course of attacking “critical race theory,” an approach to the academic study of systemic racism that many Republicans have recently called a divisive anti-American concept that they falsely claim is being taught in primary and secondary schools.

Claiming that “critical race theory is pushed on school districts across the country,” Tuberville said, “Simply put, critical race theory reinforces divisions on strict racial lines. It doesn’t teach kids moral values, like treating everyone with respect regardless of race. It’s just the opposite. Critical race theory teaches kids to hate one another.” Continue reading.

GOP senator: 690,000 DC residents can just move if they want representation

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‘No one’s compelled to actually be here,’ said Sen. James Lankford.

During a Senate hearing Tuesday on statehood for Washington, D.C., Sen. James Lankford (R-OK) argued against representation for the city’s over 690,000 residents, asserting that they can just move to neighboring states if they want voting representation in Congress.

The Senate Committee on Homeland Security and Governmental Affairs, of which Lankford is a member, held a hearing titled “Examining D.C. Statehood” to discuss H.R. 51, the Washington, D.C. Admission Act, which passed the House in April and has the support of President Joe Biden.

“Obviously the founders designed a capital region to never be a state,” Lankford said while questioning witness Derek T. Muller, a law professor at the University of Iowa. “I mean, that was the design in the Constitution to say, this is uniquely so that the federal government does not exist under the authority of any state Continue reading.

Lawmakers come to bipartisan framework agreement on police reform

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The three chief negotiators on a police reform package announced Thursday they had reached a bipartisan agreement on the issue. 

“After months of working in good faith, we have reached an agreement on a framework addressing the major issues for bipartisan police reform,” Rep. Karen Bass (D-Calif.), Sen. Tim Scott (R-S.C.) and Sen. Cory Booker (D-N.J.) said in a joint statement Thursday afternoon.

“There is still more work to be done on the final bill, and nothing is agreed to until everything is agreed to. Over the next few weeks we look forward to continuing our work toward getting a finalized proposal across the finish line.”  Continue reading.

Whitehouse bolsters push to shine light on ‘dark money’ at Supreme Court

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Rhode Island Democrat says campaigns have the ‘tradecraft of a covert op’

Sen. Sheldon Whitehouse has told and retold the story of what he calls “the scheme” for years. The Rhode Island Democrat has written reports and essays, introduced bills, filed briefs, gone on cable TV and made presentations at high-profile Supreme Court confirmation hearings.

But Whitehouse hasn’t been as convincing as he’d hoped in his campaign to curb conservative anonymous donors and their influence on the Supreme Court — even as that “dark money” now floods in to support the judicial nomination process his party controls.

“In terms of Democrats, we’ve fallen short on taking this seriously and communicating to the public what a hazard the dark money operation is,” Whitehouse told CQ Roll Call this month. Continue reading.

Trump’s quest for revenge on Republicans who opposed him could soon come back to haunt the GOP: report

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History suggests that Republicans have decent odds of capturing the House, the Senate, or both in next year’s midterm elections. In every modern midterm election except 1998 and 2002, the party out of the White House has gained seats in at least one chamber, and Democrats have only four seats to spare in the House and none in the Senate to preserve their majorities.

But as POLITICO’s Huddle noted on Tuesday, one wildcard could complicate the GOP’s efforts to make gains in 2022: former President Donald Trump’s quest for “revenge” on GOP lawmakers who haven’t shown sufficient loyalty to him.

“Donald Trump is increasingly inserting himself in the primary races of his political enemies as a form of revenge against Republicans who voted to impeach the former president after the Jan. 6 attack on the Capitol — despite warnings from congressional allies that he should be careful about wading into primary races,” reported Olivia Beavers.’ Continue reading.

Military brass resists big changes to prosecution decisions

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‘The chain of command has always fought to protect the status quo, just as they are doing here,’ Gillibrand responded

The Pentagon’s top civilian and the entire Joint Chiefs of Staff expressed resistance Tuesday to legislation that would alter how commanders decide which allegations of major crimes to prosecute, putting the military brass directly in the middle of a political fight that transcends party lines.

First, America’s military service chiefs, in separate letters made public Tuesday, indirectly but unmistakably criticized a bill by Sen. Kirsten Gillibrand, D-N.Y., that has attracted an almost unheard-of 66 Senate co-sponsors, including unlikely allies such as Texas Republican Ted Cruz and Vermont independent Bernie Sanders.

Then, in a statement hours later on Tuesday evening, Defense Secretary Lloyd J. Austin III effectively did the same. Continue reading.

‘Blatant projection’: Mitch McConnell blasted for calling voting rights a ‘craven political calculation’

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Senate Minority Leader Mitch McConnell on Tuesday accused Democrats of “craven political calculation” because they are trying to pass S.1, a Senate bill that would fortify voting rights.

During a speech on the Senate floor, McConnell mischaracterized the intent of the legislation.

“It would let Democrats take a red pen to election law in each of the 50 states neutering popular components like voter ID while legalizing shady practices like ballot harvesting,” McConnell said. “It’s a recipe for undermining confidence in our elections, for remaking our entire system government to suit the preferences of one far end of the political spectrum.” Continue reading.

How the GOP managed to pack the court for decades

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Republican lawmakers may be accusing Democrats of wanting to pack the courts but the truth of the matter is that they have been court-packing federal judges for years — decades to be exact. 

A new piece published by TIME magazine highlights how Republicans have strategically structured the federal bench to ensure their party has a controlling voice in the judicial system.

It’s no secret Senate Minority Leader Mitch McConnell (R-Ky.) has placed an emphasis on confirming more conservative judges. While the Republican Party has lost control of the White House, Senate, and House, their impact on the court system still gives them some form of power to fall back on — a power-balancing tactic McConnell is quite familiar with. Continue reading.

DFL Party Statement on President Biden’s Bipartisan Infrastructure Deal

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SAINT PAUL, MINNESOTA – Today, President Biden announced that he reached a deal with a bipartisan group of Senators on a $1.2 trillion infrastructure deal that will be the largest long-term investment in American infrastructure in almost a century.

DFL Party Chairman Ken Martin released the following statement in response: 

“The $1.2 trillion bipartisan infrastructure deal President Biden just negotiated is a tremendous accomplishment that will deliver tangible results for the American people. This historic deal will make lives better for millions by creating good-paying jobs, connecting every home to high-speed internet, removing our nation’s lead service lines, repairing countless roads and bridges and so much more. The deal also makes significant investments in clean, green technology that will help make the United States a global leader in tackling the climate crisis.

Continue reading “DFL Party Statement on President Biden’s Bipartisan Infrastructure Deal”