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    The US supreme court has become a threat to democracy. Here's how we fix it | Sabeel Rahman

    Just a few days after Ruth Bader Ginsburg’s passing, Donald Trump and Senate Republicans are moving quickly to appoint and confirm a replacement. A growing number of moderates, such as Eric Holder, are warning that should Republicans ram through an appointment, this fact, plus the deliberate blockade of Barack Obama’s appointment of Merrick Garland in 2016, would justify a new Democratic administration and Congress to add seats to the supreme court to restore balance.With voting already under way in the 2020 election, a rushed appointment and confirmation in this moment would be a clear partisan power play, and further collapse the legitimacy of the supreme court. But more broadly, the firestorm over Justice Ginsburg’s replacement is a reminder of how the modern supreme court has too much power in the first place. It is critical that our democracy reform agenda also consider how to reform the judiciary.Courts have too much power to radically remake our social and economic lifeFirst, courts have too much power to radically remake our social and economic life. If this latest Trump appointment goes through, the resulting 6-3 far-right majority on the supreme court would have the power and opportunity next month to invalidate the Affordable Care Act (in the middle of a deadly pandemic). They would be positioned to further gut voting rights, reproductive rights and rollback anti-discrimination protections for LGBTQ+ and Black and brown Americans, while further shielding police departments and immigration officials from accountability for racist state-sponsored violence against people of color. While courts have at times also ruled in more progressive directions to advance rights and equity, on balance this concentration of power without sufficient accountability is a threat to democracy – and to the ability of our communities to thrive.Second, courts today are a threat to democracy because of how they have been weaponized to skew political power and insulate extreme conservative coalitions from democratic accountability. Over the last decade, conservative jurists and their aligned partisans in the states and the Congress have combined to radically shift the terms of political power in the country towards corporations and away from working class communities and Black and brown communities in particular. More

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    Mitt Romney says he supports moving forward with Trump's supreme court pick – live

    Senator says he intends to vote if nominee reaches floor
    Mitch McConnell non-committal on timeline of nomination vote
    Former Pence adviser calls Trump’s virus remarks ‘frightening’
    Why Trump’s courts power grab is more than just a political win
    AOC on supreme court battle: ‘This is not the time to give up’
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    'Fill that seat': why Trump's courts power grab is more than just a political win

    Supporters of Donald Trump hit on a new chant at a campaign rally in North Carolina at the weekend.In 2016, it was “Lock her up! Lock her up!”In 2020, it’s “Fill that seat! Fill that seat!”The “seat”, of course, refers to the supreme court vacancy created with the death on Friday of Ruth Bader Ginsburg, the liberal justice whose replacement with a conservative by Trump could remake American life under the law for generations.For the aggressively informal air of a typical Trump event, a supreme court-themed chant might not seem like an obvious crowd-shaking rallying cry. But Trump’s success at appointing conservative judges is not only a political winner for Trump: it amounts to a true and towering legacy.“I’m going to be up to 280 judges very soon,” Trump bragged to the journalist Bob Woodward in remarks that Woodward captured on tape and released Sunday. “Nobody’s ever had that. Two hundred and eighty. You know? Nobody’s ever had that.”Trump’s number was characteristically inflated: the number of judges he has placed on district- and circuit-court benches and the supreme court totals 214 (out of 865 total); a Ginsburg replacement would make 215.But Trump was exactly right that “nobody’s ever had that” many appointees to the bench so quickly – meaning that no president has done more to shape the future of American life under the law on issues from discrimination claims to marriage equality to gun control.Trump is trying to boost Republican turnout in the election by communicating that the fate of the landmark Roe v Wade supreme court ruling protecting abortion rights is on the line, said Nan Aron, president of the progressive Alliance for Justice advocacy group.“Republicans have long seized on the judiciary as a reliable tool to galvanize their base before an election,” Aron said. “It strikes me at this point it’s a desperate measure on the part of this administration, to appeal to their voters to actually go to the polls.” More

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    Trump says he wants supreme court seat filled 'before the election' – live

    President hopes nominee will be confirmed by 3 November
    Biden blames Covid death toll on Trump’s ‘lies and incompetence’
    Whether vote will occur before election remains unclear
    Ginsburg to lie in repose Wednesday and Thursday
    Who is Amy Coney Barrett, Trump’s likely court pick?
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    Mitch McConnell and Chuck Schumer clash on supreme court nomination – video

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    4.30pm EDT16:30
    Today so far

    4.13pm EDT16:13
    Trump says he wants supreme court confirmation to happen before election

    3.43pm EDT15:43
    Biden blames coronavirus death toll on Trump’s ‘lies and incompetence’

    3.30pm EDT15:30
    Senate will vote on Trump pick ‘this year’, McConnell says

    3.25pm EDT15:25
    McConnell promises a vote on Trump’s supreme court nominee

    2.45pm EDT14:45
    McConnell signals Republicans will oppose stopgap funding bill

    1.51pm EDT13:51
    CDC removes information on airborne transmission of coronavirus

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    5.39pm EDT17:39

    A preemptive state of emergency has been declared ahead of an announcement regarding the Breonna Taylor case
    The police in Louisville, Kentucky have declared a state of emergency for the department ahead of an announcement from the state’s attorney general in the Breonna Taylor case regarding police who fatally shot a 26-year-old black woman in her sleep during a drug-related raid.
    Many have said the declaration seems to anticipate violent protests, suggesting an unfavorable ruling for those seeking justice in the case. Officials have also closed two federal buildings in anticipation of the announcement and the police force has prohibited officers from taking time off work.
    The family of Taylor has also received a settlement from the city of $12m in a civil suit stemming from the incident, in which Taylor was mistaken for a suspect in a drug raid. The incident has called into question “no-knock” warrants, in which police enter a home without announcing or identifying themselves.

    5.21pm EDT17:21

    One more Senator comes out against a Trump supreme court nomination
    US Senator Joe Manchin, the only Democrat who voted to confirm Supreme Court Justice Brett Kavanaugh despite party objections in 2018, said the vote on a new Supreme Court nominee should be delayed until after the November 2020 presidential election “for the sake of the integrity of our courts and legal system”.
    “For Mitch McConnell and my Republican colleagues to rush through this process after refusing to even meet with Judge Merrick Garland in 2016 is hypocrisy in its highest form,” he said. “The US Supreme Court is the highest court int he land and it is ismply irresponsible to rush the adequate and proper vetting required of any new candidate for the bench.”
    The reactions of Manchin and several Republican senators have been closely watched in recent days to see if a justice nominee from Donald Trump would have enough votes to be comfirmed before the 2020 elections. Republican Senators Lisa Murkowski of Alaska and Susan Collins of Maine have said the next judge should be nominated by whomever is elected in November. Trump has said he intends to pick a woman for the seat and will announce the nomination this week. It is speculated that US circuit court judge Amy Boney Barrett, a fervently anti-abortion Catholic, is at the top of Trump’s list of nominees.

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    at 5.22pm EDT

    4.57pm EDT16:57

    Chuck Schumer honors the legacy of RBG in Senate speech
    Chuck Schumer made remarks on the floor of the Senate on Monday honoring the legacy of Ruth Bader Ginsburg days after her death.
    Schumer noted that in Jewish tradition only the “most righteous” people die on the eve of Rosh Hashanah, the Jewish new year, calling Ginsburg “a woman of great righteousness and valor”.
    “She might be the only justice to become a meme,” the New York senator said, citing the “Notorious RBG” meme, which likened the octogenarian judge to famous rapper Notorious BIG. “Ruth Bader Ginsburg was, in fact, a rebellious force to be reckoned with.”

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    Sen. Schumer honors RBG’s immense legacy: ‘She might be the only justice to become a meme’ pic.twitter.com/YtwSW1S3l9

    September 21, 2020

    Schumer outlined many of Ginsburg’s life accomplishments, including her making the court enforce the constitutional idea that people cannot be discriminated on the basis of sex. He said if Donald Trump is able to replace the late Supreme Court justice, reproductive rights, workers’ rights, and voting rights will be imperiled. He also said RBG’s dying wish was that a justice not be picked until after the 2020 elections.

    Updated
    at 5.22pm EDT

    4.38pm EDT16:38

    Hello! Kari Paul here in California taking over for the next few hours. Stay tuned for updates.

    4.30pm EDT16:30

    Today so far

    That’s it from me today. My west coast colleague. Kari Paul, will take over the blog for the next few hours.
    Here’s where the day stands so far:
    Trump said he wants to have his supreme court nominee confirmed before election day, on November 3. In a floor speech this afternoon, Senate majority leader Mitch McConnell signaled the vote would take place “this year,” but he did not specify whether it would happen before or after election day.
    Trump said he would “probably” announce his nominee to replace Ruth Bader Ginsburg on Saturday, following ceremonies honoring the legacy of the late supreme court justice. The president said he has narrowed his list of potential nominees down to five candidates, all of whom are women.
    Ginsburg will lie in repose at the supreme court on Wednesday and Thursday. House speaker Nancy Pelosi also announced Ginsburg will lie in state at the Capitol on Friday.
    House Democrats released their stopgap government funding bill, which would keep the government open until December 11. But McConnell quickly signaled he would not support the bill because it does not include bailout funds for farmers, which Trump has demanded. The government is currently set to close on September 30 if a bill is not passed.
    The CDC removed information on the potential airborne transmission of coronavirus from its website. The agency had posted an update on Friday to warn Americans that the virus can spread over a distance beyond six feet, particularly in poorly ventilated areas. The CDC removed the guidance today, claiming the update was posted in error. The news follows reports about Trump administration officials trying to interfere with CDC reports to paint a rosier picture about the pandemic.
    Kari will have more coming up, so stay tuned.

    4.24pm EDT16:24

    Senator Lindsey Graham, the Republican chairman of the Senate judiciary committee, said the panel would move “expeditiously” to advance Trump’s supreme court nominee.
    In a letter to the Democratic members of the committee, Graham said his view of the judicial confirmation process had changed after witnessing the treatment of Justice Brett Kavanaugh, who was accused of sexual assault but was ultimately confirmed by the Senate.
    “I therefore think it is important that we proceed expeditiously to process any nomination made by President Trump to fill this vacancy,” Graham told his Democratic colleagues. “I am certain if the shoe were on the other foot, you would do the same.”

    4.13pm EDT16:13

    Trump says he wants supreme court confirmation to happen before election

    Speaking to reporters before leaving for Ohio, Trump said that he hoped his supreme court nominee will be confirmed before election day, on November 3.
    “I’d rather see it all take place before the election,” the president said.
    Senate majority leader Mitch McConnell said moments ago that a confirmation vote would occur “this year,” but he did not specify whether it would take place before or after election day.
    Trump also confirmed the announcement of his nominee will likely come on Saturday, following this week’s ceremonies honoring Ruth Bader Ginsburg at the supreme court and at the Capitol.
    Echoing his previous comments to Fox News, the president said he was considering five women for the seat.

    Updated
    at 4.14pm EDT

    4.03pm EDT16:03

    Joe Biden has now concluded his speech at an aluminum plant in Manitowoc, Wisconsin.
    The Democratic nominee criticized the president for previously suggesting the US coronavirus death toll would be much lower if Americans who died in blue states weren’t counted.
    Biden promised to act as a unifying figure to help bring the country together during this time of national crisis.
    The presidential candidate also took a moment to address those who voted for Trump in 2016, saying he knows they felt like they weren’t being heard by Democrats.
    “It will change with me,” Biden said. “You will be seen, heard and respected by me.”

    3.51pm EDT15:51

    Joe Biden argued Trump had failed in his response to coronavirus because he “panicked” rather than confronting the crisis head-on.
    “Trump panicked. The virus was too big for him,” Biden said in Wisconsin. “All his life Donald Trump has been bailed out of any problem he faced.”
    The Democratic nominee dismissed the president’s claim that he downplayed the threat of the virus because he wanted to help Americans remain calm.
    In reality, Biden said, Trump “just wasn’t up to” the challenge of handling the crisis.

    3.43pm EDT15:43

    Biden blames coronavirus death toll on Trump’s ‘lies and incompetence’

    Joe Biden is delivering remarks on the country’s coronavirus death toll at an aluminum plant in Manitowoc, Wisconsin.
    The Democratic nominee noted the country is about to hit the “tragic milestone” of recording 200,000 deaths from coronavirus.
    Biden said that number represented many “empty chairs” for families who had lost loved ones to the virus.
    The presidential candidate emphasized Americans could not allow themselves to become “numb” to the mounting death toll.
    “We can’t let the numbers become statistics and background noise,” Biden said.
    Biden specifically blamed Trump’s response to the pandemic for causing tens of thousands of unnecessary deaths in the country.
    “Due to Donald Trump’s lies and incompetence over the last six months, we have seen one of the greatest losses in American history,” Biden said.

    3.30pm EDT15:30

    Senate will vote on Trump pick ‘this year’, McConnell says

    Senate majority leader Mitch McConnell said the chamber would vote on Trump’s supreme court nomination “this year”.
    But the Republican leader did not provide much clarity on whether the confirmation vote would occur before or after election day, on November 3.
    Democrats have a chance to flip the Senate in November, but even if they do, that seems unlikely to change McConnell’s plans to move forward with a nomination.

    Updated
    at 3.36pm EDT More

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    Trump doubts Ruth Bader Ginsburg's dying wish, claiming Democrats wrote it

    Donald Trump has attempted to cast doubt on Ruth Bader Ginsburg’s dying wish, baselessly claiming a statement released by the supreme court justice’s family was written by Adam Schiff, Nancy Pelosi or Chuck Schumer, prominent Democrats in Congress.The move is likely to anger many who will see it as disrespectful to the millions of Americans mourning Ginsburg’s death, as well as a tasteless attack on the legacy of the pioneering woman justice.Ginsburg died on Friday, from pancreatic cancer at the age of 87. NPR reported that she had dictated a statement to her granddaughter.“My most fervent wish is that I will not be replaced until a new president is installed,” it said.Trump and Republican Senate majority leader Mitch McConnell have vowed to press on with a nomination to replace Ginsburg before the election on 3 November or the inauguration on 20 January, even should Trump lose the presidency to Joe Biden and the Democrats retake the Senate.This is low. Even for you. No, I didn’t write Ruth Bader Ginsburg’s dying wish to a nation she served so wellAdam SchiffOn Monday morning, Trump told Fox & Friends he would announce his nominee, a woman, on Friday or Saturday, after services in memory of Ginsburg.He also called Ginsburg a “legend” who “represented something different than you or I”, and said of her statement: “I don’t know that she said that, or was that written out by Adam Schiff or Pelosi?“I would be more inclined to the second, OK – you know, that came out of the wind. That sounds so beautiful, but that sounds like a Schumer deal, or maybe Pelosi or for Shifty Schiff. So that came out of the wind, let’s say. I mean, maybe she did, and maybe she didn’t.”Schiff, the chair of the House intelligence committee, and Pelosi, the House speaker, played prominent roles in Trump’s impeachment. Schumer, the Senate minority leader, will lead efforts to defeat Trump’s nomination. He has promised that in terms of tactics, “nothing is off the table”.Schiff responded with a tweet, writing: “Mr President, this is low. Even for you. No, I didn’t write Ruth Bader Ginsburg’s dying wish to a nation she served so well, and spent her whole life making a more perfect union.“But I am going to fight like hell to make it come true. No confirmation before inauguration.” More