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Politics has way of finding Supreme Court eager to avoid it – 570 News

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WASHINGTON — The Supreme Court might prefer to avoid politics, but politics has a way of finding the court.

President Donald Trump wants the court to keep his taxes from being turned over to New York’s top prosecutor and allow his administration to exclude non-citizens from the census count. He wants the justices to counteract an order making it easier for women to get abortion pill and rein in voting by mail.

And Trump is hoping to have his third high court nominee, Judge Amy Coney Barrett, installed before Election Day. That would forge a 6-3 conservative majority on a court that for decades has had a 5-4 conservative edge, which liberals could occasionally upend by attracting a vote from across the ideological divide.

“It is difficult for the court to avoid politics. Every issue of course has a very political angle and right now the politicization of the courts puts their decisions front and centre,” Princeton University historian Julian Zelizer said in an email. “We are at a turning point moment, on the cusp of the entrenchment of a conservative 6-3 majority that will have huge implications on public policy. So at the most basic level, hard to ignore their connections to the events of the day.”

The court got back to work this week, hearing arguments by telephone over three days. Chief Justice John Roberts began Monday’s session by paying tribute to Justice Ruth Bader Ginsburg, who died just over two weeks before the new term began.

But apart from that, it was hard to tell that anything had changed. The tone was upbeat as the eight justices took turns questioning lawyers in cases that did not appear destined to split the court’s conservatives and liberals.

The business-as-usual approach is how the justices like it, part of their mantra that the court is above politics and that the public should not view it as just like the other two elected branches of government. That’s especially true for Chief Justice John Roberts, the titular leader of the court who rebuked Trump in 2018 for the president’s criticism of an “Obama judge.”

But despite their best efforts, the justices are facing a brewing political storm that could peak after Election Day if they are called upon to decide the election’s outcome.

Issues related to the general election already have come to the court from four states, and more are expected.

The court’s Republican-appointed conservative majority has typically rejected court-ordered changes close to an election. But the justices have been more accepting of changes when agreed to by a state’s elected officials.

In the midst of the pandemic, Democrats have pushed for extending the deadline to receive and count mailed-in ballots, dropping witness requirements and easing rules for determining if the signature on a ballot matches the one on file. For their part, Republicans have fought efforts to mail ballots to all voters.

Pennsylvania Republicans want the court to rule out mailed ballots that are received after Election Day, or at least ballots that are not clearly postmarked as having been mailed on or before Nov. 3. A federal court ordered ballots to be counted if received by Nov. 6, unless there is evidence they were mailed after Election Day.

The justices on Monday agreed with Republicans and blocked a court order that allowed South Carolina voters to mail ballots without having a witness sign them. The next day, Justice Stephen Breyer rejected a Republican bid to stop the use of ranked-choice voting in Maine. On Thursday, Justice Elena Kagan turned away a Republican effort to limit the mailing of ballots to voters in Montana.

These pre-election issues would pale in comparison to a reprise of the court’s 2000 Bush v. Gore case if the campaigns are fighting in court over the outcome in one or more states.

There might be a 6-3 conservative majority by that point, if Barrett is confirmed. And she would join two other Trump-appointed justices, Neil Gorsuch and Brett Kavanaugh, in potentially deciding whether the president who appointed her would get another four years in office. In Bush v. Gore, in which the court’s five conservatives prevailed over its four liberals, no justices were voting on the political future of the president who appointed them.

Not all the cases have electoral implications. But even those that don’t are highly charged politically.

In the fight over Trump’s taxes, the justices could decide before Election Day whether to allow the immediate enforcement of a subpoena issued by Manhattan District Attorney Cyrus Vance Jr. or block it temporarily. The court in July rejected Trump’s argument that he is effectively immune from the subpoena while serving as president, a decision Gorsuch and Kavanaugh joined.

The 2020 census also has been to the court previously. In 2019, Roberts joined Ginsburg and the other liberals in a 5-4 decision that rejected the administration’s effort to include a citizenship question on the census for the first time since 1950.

Trump has since ordered the Census Bureau to provide him with a population count that excludes people who are in the country illegally so that their numbers would not be used for dividing the House of Representatives’ 435 seats among the states, and the states’ Electoral College vote, for the next 10 years.

A lower court has blocked the Trump policy as illegal. The administration is appealing and asking for speedy resolution in time for the population report the president must submit to Congress in January.

On an abortion-related issue, the court found a way Thursday to put off any definitive action for the time being.

The court had failed to act for nearly a month on the administration’s appeal to reinstate a requirement, temporarily suspended by lower court order because of the pandemic, that women make an in-person visit to obtain the abortion pull.

The matter is the first abortion-related action before the court since Ginsburg died.

On Thursday, the court said it would not act on the appeal for now, allowing women to continue to get the pill by mail and ordering the lower court to review its initial order.

Justices Samuel Alito and Clarence Thomas dissented, objecting that “there is no legally sound reason” for the court’s refusal to rule.

It is unclear whether the long period of inaction owed to Ginsburg’s death, Barrett’s nomination or some other factor.

Mark Sherman, The Associated Press

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‘Disgraceful:’ N.S. Tory leader slams school’s request that military remove uniform

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HALIFAX – Nova Scotia Premier Tim Houston says it’s “disgraceful and demeaning” that a Halifax-area school would request that service members not wear military uniforms to its Remembrance Day ceremony.

Houston’s comments were part of a chorus of criticism levelled at the school — Sackville Heights Elementary — whose administration decided to back away from the plan after the outcry.

A November newsletter from the school in Middle Sackville, N.S., invited Armed Forces members to attend its ceremony but asked that all attendees arrive in civilian attire to “maintain a welcoming environment for all.”

Houston, who is currently running for re-election, accused the school’s leaders of “disgracing themselves while demeaning the people who protect our country” in a post on the social media platform X Thursday night.

“If the people behind this decision had a shred of the courage that our veterans have, this cowardly and insulting idea would have been rejected immediately,” Houston’s post read. There were also several calls for resignations within the school’s administration attached to Houston’s post.

In an email to families Thursday night, the school’s principal, Rachael Webster, apologized and welcomed military family members to attend “in the attire that makes them most comfortable.”

“I recognize this request has caused harm and I am deeply sorry,” Webster’s email read, adding later that the school has the “utmost respect for what the uniform represents.”

Webster said the initial request was out of concern for some students who come from countries experiencing conflict and who she said expressed discomfort with images of war, including military uniforms.

Her email said any students who have concerns about seeing Armed Forces members in uniform can be accommodated in a way that makes them feel safe, but she provided no further details in the message.

Webster did not immediately respond to a request for comment.

At a news conference Friday, Houston said he’s glad the initial request was reversed but said he is still concerned.

“I can’t actually fathom how a decision like that was made,” Houston told reporters Friday, adding that he grew up moving between military bases around the country while his father was in the Armed Forces.

“My story of growing up in a military family is not unique in our province. The tradition of service is something so many of us share,” he said.

“Saying ‘lest we forget’ is a solemn promise to the fallen. It’s our commitment to those that continue to serve and our commitment that we will pass on our respects to the next generation.”

Liberal Leader Zach Churchill also said he’s happy with the school’s decision to allow uniformed Armed Forces members to attend the ceremony, but he said he didn’t think it was fair to question the intentions of those behind the original decision.

“We need to have them (uniforms) on display at Remembrance Day,” he said. “Not only are we celebrating (veterans) … we’re also commemorating our dead who gave the greatest sacrifice for our country and for the freedoms we have.”

NDP Leader Claudia Chender said that while Remembrance Day is an important occasion to honour veterans and current service members’ sacrifices, she said she hopes Houston wasn’t taking advantage of the decision to “play politics with this solemn occasion for his own political gain.”

“I hope Tim Houston reached out to the principal of the school before making a public statement,” she said in a statement.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.

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Saskatchewan NDP’s Beck holds first caucus meeting after election, outlines plans

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REGINA – Saskatchewan Opposition NDP Leader Carla Beck says she wants to prove to residents her party is the government in waiting as she heads into the incoming legislative session.

Beck held her first caucus meeting with 27 members, nearly double than what she had before the Oct. 28 election but short of the 31 required to form a majority in the 61-seat legislature.

She says her priorities will be health care and cost-of-living issues.

Beck says people need affordability help right now and will press Premier Scott Moe’s Saskatchewan Party government to cut the gas tax and the provincial sales tax on children’s clothing and some grocery items.

Beck’s NDP is Saskatchewan’s largest Opposition in nearly two decades after sweeping Regina and winning all but one seat in Saskatoon.

The Saskatchewan Party won 34 seats, retaining its hold on all of the rural ridings and smaller cities.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.

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Nova Scotia election: Liberals say province’s immigration levels are too high

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HALIFAX – Nova Scotia‘s growing population was the subject of debate on Day 12 of the provincial election campaign, with Liberal Leader Zach Churchill arguing immigration levels must be reduced until the province can provide enough housing and health-care services.

Churchill said Thursday a plan by the incumbent Progressive Conservatives to double the province’s population to two million people by the year 2060 is unrealistic and unsustainable.

“That’s a big leap and it’s making life harder for people who live here, (including ) young people looking for a place to live and seniors looking to downsize,” he told a news conference at his campaign headquarters in Halifax.

Anticipating that his call for less immigration might provoke protests from the immigrant community, Churchill was careful to note that he is among the third generation of a family that moved to Nova Scotia from Lebanon.

“I know the value of immigration, the importance of it to our province. We have been built on the backs of an immigrant population. But we just need to do it in a responsible way.”

The Liberal leader said Tim Houston’s Tories, who are seeking a second term in office, have made a mistake by exceeding immigration targets set by the province’s Department of Labour and Immigration. Churchill said a Liberal government would abide by the department’s targets.

In the most recent fiscal year, the government welcomed almost 12,000 immigrants through its nominee program, exceeding the department’s limit by more than 4,000, he said. The numbers aren’t huge, but the increase won’t help ease the province’s shortages in housing and doctors, and the increased strain on its infrastructure, including roads, schools and cellphone networks, Churchill said.

“(The Immigration Department) has done the hard work on this,” he said. “They know where the labour gaps are, and they know what growth is sustainable.”

In response, Houston said his commitment to double the population was a “stretch goal.” And he said the province had long struggled with a declining population before that trend was recently reversed.

“The only immigration that can come into this province at this time is if they are a skilled trade worker or a health-care worker,” Houston said. “The population has grown by two per cent a year, actually quite similar growth to what we experienced under the Liberal government before us.”

Still, Houston said he’s heard Nova Scotians’ concerns about population growth, and he then pivoted to criticize Prime Minister Justin Trudeau for trying to send 6,000 asylum seekers to Nova Scotia, an assertion the federal government has denied.

Churchill said Houston’s claim about asylum seekers was shameful.

“It’s smoke and mirrors,” the Liberal leader said. “He is overshooting his own department’s numbers for sustainable population growth and yet he is trying to blame this on asylum seekers … who aren’t even here.”

In September, federal Immigration Minister Marc Miller said there is no plan to send any asylum seekers to the province without compensation or the consent of the premier. He said the 6,000 number was an “aspirational” figure based on models that reflect each province’s population.

In Halifax, NDP Leader Claudia Chender said it’s clear Nova Scotia needs more doctors, nurses and skilled trades people.

“Immigration has been and always will be a part of the Nova Scotia story, but we need to build as we grow,” Chender said. “This is why we have been pushing the Houston government to build more affordable housing.”

Chender was in a Halifax cafe on Thursday when she promised her party would remove the province’s portion of the harmonized sales tax from all grocery, cellphone and internet bills if elected to govern on Nov. 26. The tax would also be removed from the sale and installation of heat pumps.

“Our focus is on helping people to afford their lives,” Chender told reporters. “We know there are certain things that you can’t live without: food, internet and a phone …. So we know this will have the single biggest impact.”

The party estimates the measure would save the average Nova Scotia family about $1,300 a year.

“That’s a lot more than a one or two per cent HST cut,” Chender said, referring to the Progressive Conservative pledge to reduce the tax by one percentage point and the Liberal promise to trim it by two percentage points.

Elsewhere on the campaign trail, Houston announced that a Progressive Conservative government would make parking free at all Nova Scotia hospitals and health-care centres. The promise was also made by the Liberals in their election platform released Monday.

“Free parking may not seem like a big deal to some, but … the parking, especially for people working at the facilities, can add up to hundreds of dollars,” the premier told a news conference at his campaign headquarters in Halifax.

This report by The Canadian Press was first published Nov. 7, 2024.

— With files from Keith Doucette in Halifax

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