Congressional Record—Senate S7838

Total Page:16

File Type:pdf, Size:1020Kb

Congressional Record—Senate S7838 S7838 CONGRESSIONAL RECORD — SENATE December 19, 2018 passage of the historic progrowth, mid- conference about 5 weeks ago when he couldn’t have been done without the dle-class tax reform, the most signifi- endorsed this legislation. stalwart commitment by a somewhat cant tax reform in a generation. His ac- The FIRST STEP Act will help keep unlikely cadre of colleagues and advo- complishments also include confirma- our streets safe, and it offers a fresh cates. We have had to compromise to tion right here in the Senate of con- start to those who put in the work make this possible, to seek to under- servative judges to the Federal bench— when they were in prison to get right stand the other’s points of view. In so hundreds and hundreds—including with the law while paying their debt to doing, I think we made the bill better, playing an instrumental role in the society. It also addresses unfairness in and we accomplished something of his- confirmation of Supreme Court Jus- prison sentencing and revises policies toric significance that will reduce tices Antonin Scalia, Clarence Thomas, that have led to overcrowded prisons crime, make our system more just, and Samuel Alito, and Brett Kavanaugh, as and, of course, ballooning taxpayer ex- improve lives for generations to come. well as, as I said, scores, if not hun- penses. Senators DURBIN and LEE, as I pre- dreds, of district and circuit court Several decades ago, Congress passed viously stated, were instrumental in judges. well-intentioned laws imposing harsh this effort. Their interest in criminal One of Senator HATCH’s particularly mandatory sentences to stop the flow justice reform dates back beyond my noteworthy achievements, among oth- of drugs into our communities, and it getting involved in it in 2014. The exact ers, on the Judiciary Committee is the happened that I voted for those laws, date, I don’t know, but probably after Religious Freedom Restoration Act of but they have also had some unin- Senators LEE and DURBIN joined hands, 1993, a bill he authored and cosponsored tended consequences. Our prison popu- probably soon after Senator LEE came with the late Senator Ted Kennedy. It lation has exploded, and the taxpayers’ to the Senate. Their efforts inspired was landmark legislation allowing burden to house inmates has followed the Senate to take a fresh look at our Americans to live, to work, and to wor- suit. Today, taxpayers pay more than sentencing and prison laws. ship in accordance with their beliefs. $7 billion a year on our Federal prison Senator GRAHAM, the incoming chair- Senator HATCH’s reputation as a population; however, despite that high man of the Judiciary Committee, Sen- statesman and his record of fiscal re- cost, nearly half the inmates released ator CORNYN, and Senator WHITEHOUSE sponsibility even earned him the nick- today are rearrested. have also been with us since the very As a member of the Senate Judiciary name ‘‘Mr. Balanced Budget’’ from beginning of this effort. Committee for the last 38 years, I con- Senators BOOKER and SCOTT both President Reagan. sider myself—then and now—a law-and- share a passion for criminal justice re- Senator HATCH is also widely known order Republican. I am also a taxpayer form and have been vocal advocates, for his musical career and film appear- watchdog, and I believe in the redemp- shining a light on the shortcomings ances. He plays the violin, the piano, tive power of rehabilitation. So in 2015, and societal impact of our current sys- and the organ. Think of the talent this I began to take a closer look at our tem. man has. prison and sentencing laws. We needed Credit is also due to our House col- Senator HATCH and his wife, Elaine, to make the system work better for the leagues—Chairman GOODLATTE, Rank- have been married for more than 50 taxpayers, help law enforcement fight ing Member NADLER, and Congressmen years. They have 6 children, 23 grand- crime, and put a stopper in the revolv- COLLINS and JEFFRIES, who introduced children, and many great-grand- ing prison door. I was led to that effort the FIRST STEP Act in the House. And children. Think of a lifetime achieve- by the efforts of Senator LEE and Sen- thanks to Speaker RYAN for his support ment, and he has, I believe, many years ator DURBIN, who had been working on and pledge to bring this to the House left. similar legislation for probably 3 to 4 floor so quickly. He will be truly missed here in the years before my entry into this debate. At every step along the way, we have Senate, and I wish him all the best in Several States across the country stuck together. We pitched this bill to the next chapter of his life. have developed these education, treat- our colleagues and made changes based I yield the floor. ment, and training programs. The re- on their suggestions. We also relied on I suggest the absence of a quorum. sult has been a significant decline in input and expertise from a variety of The PRESIDING OFFICER. The recidivism. This means fewer crimes, groups from across the political spec- clerk will call the roll. fewer victims, and fewer tax dollars trum. In the end, this campaign earned The senior assistant legislative clerk spent housing inmates. the support of several top law enforce- proceeded to call the roll. The FIRST STEP Act is carefully ment and tough-on-crime champions, The PRESIDING OFFICER. The Sen- crafted to provide opportunities at re- such as President Trump. ator from Iowa. demption for low-risk inmates, while I think it is important to acknowl- Mr. GRASSLEY. Mr. President, I ask ensuring that dangerous and career edge the President’s leadership on this unanimous consent that the order for criminals stay behind bars. It does this issue. When he got involved, he closed the quorum call be rescinded. through a multilayer system that fil- the deal, and we got this done. He was The PRESIDING OFFICER. Without ters out dangerous criminals and those helped in that effort by Jared Kushner. objection, it is so ordered. likely to commit new crimes. Early in President Trump’s adminis- f The bill rewards those who take per- tration, I happened to be in the Oval FIRST STEP ACT sonal responsibility for their mistakes Office of the new President. Jared and want to put in the time and will Kushner was there, and we discussed Mr. GRASSLEY. Mr. President, put in the time and effort to turn their taking up criminal justice reform. I today is a good day for representative lives around. just asked him if he was interested in government, it is a good day for the It improves fairness in sentencing it. I wanted to give him a phone call, so taxpayers, and it is a good day for safe while preserving important law en- we had that phone call. He took the streets and strong families. It is also a forcement tools. issue and ran with it and helped find a good day to emphasize that many It reduces some mandatory minimum way forward to accomplish something times Congress acts in a bipartisan sentences, but it also expands their ap- previous administrations had tried and way, and probably not enough so we plication to include violent felons. failed to do. Brooke Rollins and Ja’Ron get credit for it. But last night, one of It grants judges additional discretion Smith at the White House were also in- these bipartisan pieces of legislation to sentence low-level, nonviolent of- strumental in this effort, working with passed by a vote of 87 to 12. That hap- fenders to less lengthy sentences as Jared Kushner. pened when the Senate adopted the long as they fully cooperate with law I would also like to thank the major- FIRST STEP Act. enforcement. Finally, it eliminates the ity leader for staying true to his word Today, the House is expected to send disparity in sentences for crack and and bringing this bill to the floor when it to the President, who is waiting with powder cocaine offenses, which dis- we demonstrated the support for our a pen in hand to enact once-in-a-gen- proportionately impacts communities effort that he demanded. In the end, I eration criminal justice reform. I am of color. appreciated his vote for this bill. confident that the President is ready Passing these reforms has been a Thanks also is due to the Senate to do that because I attended the news team effort years in the making. It floor staff on both sides of the aisle VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.029 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7839 who helped us successfully navigate tion of Chiefs of Police, the National Institute for Prison Ministries; International the bill to final passage. Organization of Black Law Enforce- Community of Corrections Associations; I want to thank my Senate staff, who ment Executives, the National District Fairness, Dignity & Respect for Crime Vic- tims & Survivors; Crime Survivors for Safety helped make this possible. Bipartisan Attorneys Association, the Association and Justice; Just Detention; Justice and Se- compromise is not for the faint of of Prosecuting Attorneys, and Law En- rious Mental Illness; Lifted from the Rut. heart, and they have stayed true to the forcement Leaders. National Conference of State Legislatures; commitment that Senator DURBIN and I am getting to the end.
Recommended publications
  • Culture Wars' Reloaded: Trump, Anti-Political Correctness and the Right's 'Free Speech' Hypocrisy
    The 'Culture Wars' Reloaded: Trump, Anti-Political Correctness and the Right's 'Free Speech' Hypocrisy Dr. Valerie Scatamburlo-D'Annibale University of Windsor, Windsor, Ontario, Canada Abstract This article explores how Donald Trump capitalized on the right's decades-long, carefully choreographed and well-financed campaign against political correctness in relation to the broader strategy of 'cultural conservatism.' It provides an historical overview of various iterations of this campaign, discusses the mainstream media's complicity in promulgating conservative talking points about higher education at the height of the 1990s 'culture wars,' examines the reconfigured anti- PC/pro-free speech crusade of recent years, its contemporary currency in the Trump era and the implications for academia and educational policy. Keywords: political correctness, culture wars, free speech, cultural conservatism, critical pedagogy Introduction More than two years after Donald Trump's ascendancy to the White House, post-mortems of the 2016 American election continue to explore the factors that propelled him to office. Some have pointed to the spread of right-wing populism in the aftermath of the 2008 global financial crisis that culminated in Brexit in Europe and Trump's victory (Kagarlitsky, 2017; Tufts & Thomas, 2017) while Fuchs (2018) lays bare the deleterious role of social media in facilitating the rise of authoritarianism in the U.S. and elsewhere. Other 69 | P a g e The 'Culture Wars' Reloaded: Trump, Anti-Political Correctness and the Right's 'Free Speech' Hypocrisy explanations refer to deep-rooted misogyny that worked against Hillary Clinton (Wilz, 2016), a backlash against Barack Obama, sedimented racism and the demonization of diversity as a public good (Major, Blodorn and Blascovich, 2016; Shafer, 2017).
    [Show full text]
  • Dsjfeb08.Pdf
    feb. 2008>>>www.dogstreetjournal.com>>>volume 5 issue 6 The DoG Street Journal (what’sinside) (whoweare) Road to Richmond EDITORIALSTAFF Rebecca Hamfeldt >Lobbying the Legislature The DSJ reviews students’ recent trip to Co-Editor in Chief the State legislature to lobby for the Jeri Kent College. Co-Editor in Chief page 5 Stacey Marin Executive Editor In the Know Jonna Knappenberger News Editor >Students and the News Just how informed are students at the Jake Robert Nelson College? The DSJ takes a look at our Interim News Editor generation and the news. Gretchen Hannes page 14 Style Editor John Hill Mrs. President Sports Editor >The White House’s Future Katie Photiadis With presidential primaries in full Opinions Editor swing, one DSJ columnist predicts the Megan Luteran outcome of the 2008 election. Print Photo Editor page 16 Nazrin Roberson Online Photo Editor More than a T-Shirt Ryan Powers >Intramural Sports Online Design Editor Find out what’s behind competing for Michael Duarte the coveted championship t-shirt. Online Design Editor page 18 Keeley Edmonds Business Manager Khaleelah Jones Operations Editor OURMISSION Kellie O’Malley OURMISSION COVERIMAGE Layout Assistant The DSJ is the College’s only For the first time in seasons, Tribe (talktous) monthly newsmagazine and daily men’s basketball is tearing it up The DoG Street Journal online paper. Access us anytime on on the court. There have been The College of William & Mary the web at dogstreetjournal.com. several energy-charged games, Campus Center Basement We strive to provide a quality, including six straight wins and a Office 12B reliable and thought-provoking tough loss against ODU at the media outlet serving the College most well-attended home game (visitus) community with constantly in over a decade.
    [Show full text]
  • The Public Eye, Summer 2010
    Right-Wing Co-Opts Civil Rights Movement History, p. 3 TheA PUBLICATION OF POLITICAL R PublicEyeESEARCH ASSOCIATES Summer 2010 • Volume XXV, No.2 Basta Dobbs! Last year, a coalition of Latino/a groups suc - cessfully fought to remove anti-immigrant pundit Lou Dobbs from CNN. Political Research Associates Executive DirectorTarso Luís Ramos spoke to Presente.org co-founder Roberto Lovato to find out how they did it. Tarso Luís Ramos: Tell me about your organization, Presente.org. Roberto Lovato: Presente.org, founded in MaY 2009, is the preeminent online Latino adVocacY organiZation. It’s kind of like a MoVeOn.org for Latinos: its goal is to build Latino poWer through online and offline organiZing. Presente started With a campaign to persuade GoVernor EdWard Rendell of PennsYlVania to take a stand against the Verdict in the case of Luis RamíreZ, an undocumented immigrant t t e Who Was killed in Shenandoah, PennsYl - k n u l Vania, and Whose assailants Were acquitted P k c a J bY an all-White jurY. We also ran a campaign / o t o to support the nomination of Sonia h P P SotomaYor to the Supreme Court—We A Students rally at a State Board of Education meeting, Austin, Texas, March 10, 2010 produced an “I Stand With SotomaYor” logo and poster that people could displaY at Work or in their neighborhoods and post on their Facebook pages—and a feW addi - From Schoolhouse to Statehouse tional, smaller campaigns, but reallY the Curriculum from a Christian Nationalist Worldview Basta Dobbs! continues on page 12 By Rachel Tabachnick TheTexas Curriculum IN THIS ISSUE Controversy objectiVe is present—a Christian land goV - 1 Editorial .
    [Show full text]
  • Dr. Alveda C. King
    Dr. Alveda C. King PASTORAL ASSOCIATE, PRIESTS FOR LIFE DR. ALVEDA C. KING works toward her purpose in life, to glorify God. Dr. King currently serves as a Pastoral Associate and Director of African-American Outreach for Priests for Life and Gospel of Life Ministries. She is also a voice for the Silent No More Awareness Campaign, sharing her testimony of two abortions, God’s forgiveness, and healing. The daughter of the late civil rights activist Rev. A.D. King and his wife Naomi Barber King, Alveda grew up in the civil rights movement led by her uncle, Dr. Martin Luther King, Jr. Her family home in Birmingham, Alabama, was bombed, as was her father’s church office in Louisville, Kentucky. Alveda was jailed during the open housing movement. She sees the pro- life movement as a continuation of the civil rights struggle. Dr. King is a former college professor and served in the Georgia State House of Representatives. She is a best selling author; among her books are How Can the Dream Survive if we Murder the Children? and I Don’t Want Your Man, I Want My Own. She is an accomplished actress and songwriter. The Founder of King for America, Inc., Alveda is also the recipient of a Doctorate of Laws degree from Saint Anselm College. Dr. King lives in Atlanta, where she is the grateful mother of six and a doting grandmother. To arrange a media interview, email [email protected] or call Margaret at 888-735-3448, ext. 251 To invite Alveda King to speak in your area, contact our Speakers Bureau at 888-PFL-3448, ext.
    [Show full text]
  • Start Debating Stop Hating
    The surest sign one is losing a debate is to resort to character with the Tea Party movement. Some on the Left have even impugned the assassination. The Southern Poverty Law Center, a liberal fundraising Manhattan Declaration - which upholds the sanctity of life, the value of machine whose tactics have been condemned by observers across the traditional marriage and the fundamental right of religious freedom - as an political spectrum, is doing just that. anti-gay document and have forced its removal from general communications networks. The group, which was once known for combating racial bigotry, is now attacking several groups that uphold Judeo-Christian moral views, including This is intolerance pure and simple. Elements of the radical Left are trying marriage as the union of a man and a woman. to shut down informed discussion of policy issues that are being considered by Congress, legislatures, and the courts. How does the SPLC attack? By labeling its opponents “hate groups.” No discussion. No consideration of the issues. No engagement. No debate! Tell the radical Left it is time to stop spreading hateful rhetoric attacking individuals and organizations merely for expressing ideas with which they These types of slanderous tactics have been used against voters who signed disagree. Our debates can and must remain civil - but they must never be petitions and voted for marriage amendments in all thirty states that have suppressed through personal assaults that aim only to malign an opponent’s considered them, as well as against the millions of Americans who identify character. START DEBATING STOP HATING You can take action by adding your name to the following statement: We, the undersigned, stand in solidarity with Family Research Council, American Family Association, Concerned Women of America, National Organization for Marriage, Liberty Counsel and other pro-family organizations that are working to protect and promote natural marriage and family.
    [Show full text]
  • Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, and the Consequences of Returning the Constitution to Elected Government Neal Devins
    Vanderbilt Law Review Volume 69 | Issue 4 Article 3 5-2016 Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, and the Consequences of Returning the Constitution to Elected Government Neal Devins Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Supreme Court of the United States Commons Recommended Citation Neal Devins, Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, and the Consequences of Returning the Constitution to Elected Government, 69 Vanderbilt Law Review 935 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol69/iss4/3 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, and the Consequences of Returning the Constitution to Elected Government Neal Devins* IN TROD U CTION ............................................................................... 935 I. MINIMALISM THEORY AND ABORTION ................................. 939 II. WHAT ABORTION POLITICS TELLS US ABOUT JUDICIAL M INIMALISM ........................................................ 946 A . R oe v. W ade ............................................................. 947 B . From Roe to Casey ................................................... 953 C. Casey and Beyond ..................................................
    [Show full text]
  • Samuel Alito: Populist William Araiza Brooklyn Law School, [email protected]
    Brooklyn Law School BrooklynWorks Faculty Scholarship 2017 Samuel Alito: Populist William Araiza Brooklyn Law School, [email protected] Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Law and Politics Commons, and the Other Law Commons Recommended Citation 103 Cornell Law Review Online 101 (2017) This Article is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. ESSAY SAMUEL ALITO: POPULIST William D. Araiza† I. EVALUATIONS OF JUSTICE ALITO ............................ 103 II. THE EVIDENCE ..................................................... 107 A. Brown v. Entertainment Merchants ............... 107 B. Caetano v. Massachusetts ............................ 111 C. Snyder v. Phelps ........................................... 113 D. Fisher v. University of Texas ......................... 116 E. Ricci v. DeStefano ......................................... 118 III. EVALUATING THE OPINIONS .................................... 120 A. Differences, Similarities, and Caveats .......... 120 B. Justice Alito’s Rhetorical Style ..................... 123 IV. SAMUEL ALITO: POPULIST ...................................... 130 In 2015, the tenth anniversary of Justice Samuel Alito’s ascension to the Court passed without the level of attention lavished on the same milestone reached that year by Chief Justice John Roberts.1 The difference in attention is understandable: the Chief Justiceship has given John Roberts † Professor of Law, Brooklyn Law School. Thanks to participants at the Loyola University Chicago Law School’s Constitutional Law Colloquium, and in particular Eric Berger and Corinna Lain, for helpful comments on an earlier version of this Essay. Thanks also to Mark Potkewitz for fine research assistance. 1 See, e.g., Symposium, Ten Years as the Chief: Examining a Decade of John Roberts on the Supreme Court, 38 CARDOZO L.
    [Show full text]
  • Thank You President Trump
    Thank You President Trump conservativeactionproject.com/thank-you-president-trump/ January 13, 2020 January 13, 2020 Washington, DC Dear President Trump, On behalf of the conservative movement, we would like to thank you for the accomplishments your administration has achieved on behalf of the American people. From a booming economy, to stronger protections at the border, to implementing strong protections for the unborn, to nominating constitutionalist judges to the federal bench, you have kept your promises to the voters that elected you. Specifically, we want to applaud you for the following achievements: A booming economy that has unemployment at its lowest level in fifty years, the highest median household income on record, a labor force that has grown by 2.1 million. 1/11 Poverty rates for African Americans, Asian Americans, and Hispanic Americans at record lows, and unemployment among women is at its lowest level in nearly 70 years. Aggressively working to address the opioid crisis. Signing the Tax Cuts & Jobs Act of 2017 which resulted in more than 6 million American works receiving wage increases, bonuses, and increased benefits. Rolling back nearly 8 regulations for every significant new one and cutting regulatory costs by more than $50 billion. Repealing two particularly onerous regulations: the Obama-era Waters of the U.S. rule, and the Obama-era “Clean Power” Plan, and revoking California’s emissions waiver, all of which cost Americans millions of dollars and thousands of jobs. Withdrawing America from the Paris climate treaty, which saved American families $20,000 a year. Opening up federal lands and offshore areas to fossil fuel development and permitting the pipelines and infrastructure necessary to facilitate further development.
    [Show full text]
  • Why a Federal Wealth Tax Is Constitutional
    WHY A FEDERAL WEALTH TAX IS CONSTITUTIONAL ISSUE BRIEF BY ARI GLOGOWER, DAVID GAMAGE, AND KITTY RICHARDS FEBRUARY 2021 INTRODUCTION The 2020 Democratic presidential primaries brought national attention to a new direction for the tax system: a federal wealth tax for the wealthiest taxpayers. During their campaigns, Senators Elizabeth Warren (D-MA) and Bernie Sanders (I-VT) both introduced proposals to tax the wealth of multimillionaires and billionaires, and to use the revenue for public investments, including in health care and education. These reforms generated broad public support—even among many Republicans1—and broadened the conversation over the future of progressive tax reform. A well-designed, high-end wealth tax can level the playing field in an unequal society and promote shared economic prosperity. Critics have argued, however, that a wealth tax would be unconstitutional because of the Constitution’s apportionment rule, which requires certain taxes to be apportioned among the states according to their populations. These critics advance maximalist interpretations of the apportionment rule and reconstruct the rule as a significant limit on Congress’s constitutional taxing power. In response to these objections, this brief explains why these critics misinterpret the role of the apportionment rule, and why the Constitution grants Congress broad taxing powers that allow for a wealth tax, whether it is apportioned or not. The maximalist interpretations misapprehend the role of apportionment in the constitutional structure, and improperly elevate a peripheral rule into a major barrier to tax reform. This brief explains why constitutional history and Supreme Court precedents instead support a measured interpretation of the apportionment rule.
    [Show full text]
  • Dr. Martin Luther King, Jr. Commemorative Program
    DR. MARTIN LUTHER KING, JR. COMMEMORATIVE PROGRAM MLK50 FORWARD Together We Win With Love For Humanity January 25, 2018, 11:00 a.m. – 12:00 p.m. Mistress of Ceremonies Ann Augustyn Principal Deputy Director Office of Economic Impact and Diversity National Anthem Virginia Union University Choir Virginia Union University Welcome Remarks Dan Brouillette Deputy Secretary, Department of Energy Introduction of Dan Brouillette Keynote Speaker Deputy Secretary, Department of Energy Keynote Speaker Dr. Alveda King Alveda King Ministries Musical Performance Virginia Union University Choir Virginia Union University Video MLK50: Reflections from the Mountaintop Video Closing Remarks Patricia Zarate Acting Deputy Director Office of Civil Rights and Equal Opportunity “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands in times of challenge and controversy.” — Dr. Martin Luther King, Jr. LIFT EVERY VOICE AND SING (James Weldon Johnson, 1871 – 1938) Lift ev’ry voice and sing, Till Earth and Heaven ring. Ring with the harmonies of Liberty; Let our rejoicing rise, High as the list’ning skies, Let it resound loud as the rolling sea. Sing a song full of the faith that the dark past has taught us, Sing a song full of the hope that the present has brought us; Facing the rising sun of our new day begun, Let us march on till victory is won. Stony the road we trod, Bitter the chast’ning rod, Felt in the day that hope unborn had died; Yet with a steady beat, Have not our weary feet, Come to the place for which our fathers sighed? We have come, over a way that with tears has been watered, We have come, treading our path through the blood of the slaughtered, Out from the gloomy past, Here now we stand at last Where the white gleam of our bright star is cast.
    [Show full text]
  • Supreme Court Riddle: Who Voted to Hear the Sports- Betting Case?
    Supreme Court Riddle: Who Voted To Hear The Sports- Betting Case? 22ND FEB 2018 | WRITTEN BY: TONY BATT The mystery surrounding the U.S. Supreme Court’s decision to hear New Jersey’s appeal of a federal sports-betting ban is almost as intriguing as how the court will rule on the case later this year. Out of 10,000 petitions for certiorari every year, the Supreme Court agrees to hear about 80 appeals, or less than 1 percent, according to the website FindLaw. For an appeal to overcome these astronomical odds, four justices must vote to hear the case. The votes are revealed in a private conference of the nine members of the Supreme Court. The least senior justice begins the voting process which continues according to seniority until the most senior justice’s vote is recorded. The votes are included in notes taken by the least senior justice who gives them to the clerk of the Supreme Court after the conference. New Jersey failed to gain four votes when the Supreme Court denied the state’s first sports-betting appeal on June 23, 2014. But three years and four days later, the Supreme Court announced it would hear New Jersey’s second sports-betting appeal and a ruling is expected before the end of June. The only justice who did not participate in the 2014 vote is Neil Gorsuch, who succeeded the deceased Antonin Scalia last year. Gorsuch seems to be at the top of the list of justices who might have voted to hear New Jersey’s appeal.
    [Show full text]
  • Symmetric Constitutionalism: an Essay on Masterpiece Cakeshop and the Post-Kennedy Supreme Court
    University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2019 Symmetric Constitutionalism: An Essay on Masterpiece Cakeshop and the Post-Kennedy Supreme Court Zachary S. Price UC Hastings College of the Law, [email protected] Follow this and additional works at: https://repository.uchastings.edu/faculty_scholarship Recommended Citation Zachary S. Price, Symmetric Constitutionalism: An Essay on Masterpiece Cakeshop and the Post- Kennedy Supreme Court, 70 Hastings L.J. 1273 (2019). Available at: https://repository.uchastings.edu/faculty_scholarship/1736 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. 70.5-PRICE (DO NOT DELETE) 5/27/2019 9:48 AM Symmetric Constitutionalism: An Essay on Masterpiece Cakeshop and the Post- Kennedy Supreme Court † ZACHARY S. PRICE Following Justice Kennedy’s retirement and the bitter fight over Justice Kavanaugh’s confirmation, increasingly polarized views about constitutional law in general, and specific constitutional cases in particular, threaten to undermine courts’ legitimacy, degrade their institutional capacity, and weaken public support for important civil liberties. To help mitigate these risks, this Essay proposes that judges subscribe to an ethos of “symmetric constitutionalism.” Within the limits of controlling considerations of text, structure, history, precedent, and practice, courts in our polarized era should lean towards outcomes, doctrines, and rationales that confer valuable protections across both sides of the nation’s major political divides, and away from those that frame constitutional law as a matter of zero-sum competition between competing partisan visions.
    [Show full text]