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US Supreme Court launches new term reeling from RBG’s death and in political spotlight

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The justices are still working remotely because of Covid-19 and telephonic arguments will be livestreamed.
Although there are significant cases pending, the docket has been eclipsed by the furor over the future ideological direction of the court and its institutional reputation. Chief Justice John Roberts, who since the retirement of Justice Anthony Kennedy has served as a swing vote in some cases, now stares down a future where he will play a less pivotal role at times with the possibility of five solid votes flanking his right.
Roberts’ goal of keeping the court out of the political fray will also grow more difficult as the public sees yet another judicial confirmation hearing roiled by politics, and a President who has suggested that his new nominee could decide the election.
“This will be no ordinary term,” said Roman Martinez, a Latham & Watkins lawyer and former Roberts clerk who frequently argues before the court. “The confirmation fight over Justice Ginsburg’s successor has thrust the court center stage during a tough presidential election, and the spotlight will only get hotter if the court has to weigh resolve election-related disputes.”
As the justices gather over the phone for the first sitting, Senate Republicans continue to move quickly to confirm Amy Coney Barrett, Trump’s nominee to replace Ginsburg. Majority Leader Mitch McConnell and Senate Judiciary Chairman Lindsey Graham have vowed to keep a tight schedule that could lead to a confirmation vote by the end of October.
Barrett’s confirmation process is also happening in the shadow of a corornavirus pandemic and the White House event on September 26 where she was announced as the nominee appears to have been a superspreader event leading to several people, perhaps even Trump and two Judiciary Committee members, contracted the virus. (Barrett herself had Covid-19 earlier this year and recovered.)
Democratic Leader Chuck Schumer and Judiciary Committee ranking member Dianne Feinstein called for the hearing schedule to be postponed.
“It’s critical that Chairman Graham put the health of senators, the nominee and staff first — and ensure a full and fair hearing that is not rushed, not truncated, and not virtual,” the Democrats said in a joint statement. “Otherwise this already illegitimate process will become a dangerous one.”
If Republicans are able to confirm Barrett before the election, she would take the bench just as several emergency petitions concerning the right to vote could be flooding the court in the last days of the campaign. In order to rule on a pending case or petition, she has to be on the bench when it arrives. Various lawsuits are percolating in lower courts concerning issues like mail in voting and witness signature requirements. Meanwhile, the President has insinuated that Barrett’s vote will be necessary if the court were ultimately called upon to decide the election.
“Lurking in the background is the possibility that this could become the most tumultuous and divisive term since the Supreme Court decided Bush v. Gore 20 years ago and effectively determined who would be president of the United States,” said Irv Gornstein of Georgetown Law.
A week after the election, the justices will hear the most significant case on the docket so far that could impact millions of Americans.

Affordable Care Act

For the third time, a significant case concerning the future Affordable Care Act will be heard on November 10. Although the final results may not be tallied from the election by then, the justices will hear a dispute that could strip health care for Americans across the country in the middle of a pandemic.
And while the President has repeatedly said he would move to protect individuals with preexisting conditions, while offering no concrete details, his government’s lawyers are arguing to have the entire sprawling law invalidated.
All eyes will be on Roberts, who, back in 2012, stunned conservatives by casting the deciding vote to save the health care law under the taxing power. But the new dispute arose in 2017 when the Republican-led Congress cut the tax penalty for those who lacked insurance to zero as part of the year-end tax overhaul.
Texas and other Republican-led states sued, arguing that since the mandate was no longer tied to a tax penalty, it had lost its legal underpinning. What’s more, the challengers also argue that the mandate cannot be untangled from the other provisions of the law, and that the court should move to get rid of the entire thing. Justice Department lawyers side with Texas, although they have made a new argument that while the entire law should fall, the ruling should only apply to the 18 states that brought the challenge.
A district court invalidated the law but last December, a federal appeals said that while the individual mandate was unconstitutional, a lower court should take another look at whether provisions unrelated to the mandate should remain on the books.

Religious liberty

On November 4, the morning after the election, the justices will hear a major dispute pitting claims of religious liberty against LGBTQ rights in a case that is a follow-on to a 2018 dispute concerning a baker who refused to make a cake for a same sex couple.
In the new case, the city of Philadelphia froze the contract of a Catholic foster agency because the agency refused to work with same sex couples as potential foster parents out of religious objections to same sex marriage. The agency, Catholic Social Services, sued under the First Amendment, seeking an exemption from the law.
Philadelphia defends its actions saying the agency violated anti-discrimination laws that are neutral and apply to everyone.
The Trump administration is siding with the Catholic agency arguing that the city singled out the organization for investigation and reflected unconstitutional hostility toward its religious beliefs.
Supporters of religious liberty hope the court’s conservative majority, expanding upon a trend from last term, will broaden religious liberty rights under the Free Exercise Clause of the Constitution. But supporters of LGBTQ rights, wary of the court’s conservative turn, worry the justices may rule in favor of discrimination, allowing the agency that receives government funds to turn away LGBTQ couples.
Also on the docket is a case concerning a challenge by the Democratic-led house that seeks the release of grand jury material from former special counsel Robert Mueller’s report into alleged Russian interference into the election.
The material at issue includes portions of Mueller’s report that were redacted to protect grand jury information and underlying grand jury testimony and exhibits that related to certain individuals and events described in the report.
And while the docket doesn’t compare to last term’s blockbuster cases on Trump’s financial records, a Louisiana abortion law and a case brought by LGBTQ workers, there are other petitions pending that could ratchet up the significance of the term. Those include a challenge to Trump’s border wall, cases concerning whether Trump violated the emoluments clause of the Constitution, and another abortion case out of Mississippi.

Source: – CNN

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New Brunswick Premier Blaine Higgs kicks off provincial election campaign

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FREDERICTON – New Brunswick Premier Blaine Higgs has called an election for Oct. 21, signalling the beginning of a 33-day campaign expected to focus on pocketbook issues and the government’s provocative approach to gender identity policies.

The 70-year-old Progressive Conservative leader, who is seeking a third term in office, has attracted national attention by requiring teachers to get parental consent before they can use the preferred names and pronouns of young students.

More recently, however, the former Irving Oil executive has tried to win over inflation-weary voters by promising to lower the provincial harmonized sales tax by two percentage points to 13 per cent if re-elected.

At dissolution, the Conservatives held 25 seats in the 49-seat legislature. The Liberals held 16 seats, the Greens had three and there was one Independent and four vacancies.

J.P. Lewis, a political science professor at the University of New Brunswick, said the top three issues facing New Brunswickers are affordability, health care and education.

“Across many jurisdictions, affordability is the top concern — cost of living, housing prices, things like that,” he said.

Richard Saillant, an economist and former vice-president of Université de Moncton, said the Tories’ pledge to lower the HST represents a costly promise.

“I don’t think there’s that much room for that,” he said. “I’m not entirely clear that they can do so without producing a greater deficit.” Saillant also pointed to mounting pressures to invest more in health care, education and housing, all of which are facing increasing demands from a growing population.

Higgs’s main rivals are Liberal Leader Susan Holt and Green Party Leader David Coon. Both are focusing on economic and social issues.

Holt has promised to impose a rent cap and roll out a subsidized school food program. The Liberals also want to open at least 30 community health clinics over the next four years.

Coon has said a Green government would create an “electricity support program,” which would give families earning less than $70,000 annually about $25 per month to offset “unprecedented” rate increases.

Higgs first came to power in 2018, when the Tories formed the province’s first minority government in 100 years. In 2020, he called a snap election — the first province to go to the polls after the start of the COVID-19 pandemic — and won a majority.

Since then, several well-known cabinet ministers and caucus members have stepped down after clashing with Higgs, some of them citing what they described as an authoritarian leadership style and a focus on policies that represent a hard shift to the right side of the political spectrum.

Lewis said the Progressive Conservatives are in the “midst of reinvention.”

“It appears he’s shaping the party now, really in the mould of his world views,” Lewis said. “Even though (Progressive Conservatives) have been down in the polls, I still think that they’re very competitive.”

Meanwhile, the legislature remained divided along linguistic lines. The Tories dominate in English-speaking ridings in central and southern parts of the province, while the Liberals held most French-speaking ridings in the north.

The drama within the party began in October 2022 when the province’s outspoken education minister, Dominic Cardy, resigned from cabinet, saying he could no longer tolerate the premier’s leadership style. In his resignation letter, Cardy cited controversial plans to reform French-language education. The government eventually stepped back those plans.

A series of resignations followed last year when the Higgs government announced changes to Policy 713, which now requires students under 16 who are exploring their gender identity to get their parents’ consent before teachers can use their preferred first names or pronouns — a reversal of the previous practice.

When several Tory lawmakers voted with the opposition to call for an external review of the change, Higgs dropped dissenters from his cabinet. And a bid by some party members to trigger a leadership review went nowhere.

This report by The Canadian Press was first published Sept. 19, 2024.

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New Brunswick Premier Blaine Higgs expected to call provincial election today

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FREDERICTON – A 33-day provincial election campaign is expected to officially get started today in New Brunswick.

Progressive Conservative Premier Blaine Higgs has said he plans to visit Lt.-Gov. Brenda Murphy this morning to have the legislature dissolved.

Higgs, a 70-year-old former oil executive, is seeking a third term in office, having led the province since 2018.

The campaign ahead of the Oct. 21 vote is expected to focus on pocketbook issues, but the government’s provocative approach to gender identity issues could also be in the spotlight.

The Tory premier has already announced he will try to win over inflation-weary voters by promising to lower the harmonized sales tax by two percentage points to 13 per cent if re-elected.

Higgs’s main rivals are Liberal Leader Susan Holt and Green Party Leader David Coon, both of whom are focusing on economic and social issues.

This report by The Canadian Press was first published Sept. 19, 2024.

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NDP flips, BC United flops, B.C. Conservatives surge as election campaign approaches

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VICTORIA – If the lead up to British Columbia‘s provincial election campaign is any indication of what’s to come, voters should expect the unexpected.

It could be a wild ride to voting day on Oct. 19.

The Conservative Party of B.C. that didn’t elect a single member in the last election and gained less than two per cent of the popular vote is now leading the charge for centre-right, anti-NDP voters.

The official Opposition BC United, who as the former B.C. Liberals won four consecutive majorities from 2001 to 2013, raised a white flag and suspended its campaign last month, asking its members, incumbents and voters to support the B.C. Conservatives to prevent a vote split on the political right.

New Democrat Leader David Eby delivered a few political surprises of his own in the days leading up to Saturday’s official campaign start, signalling major shifts on the carbon tax and the issue of involuntary care in an attempt to curb the deadly opioid overdose crisis.

He said the NDP would drop the province’s long-standing carbon tax for consumers if the federal government eliminates its requirement to keep the levy in place, and pledged to introduce involuntary care of people battling mental health and addiction issues.

The B.C. Coroners Service reports more than 15,000 overdose deaths since the province declared an opioid overdose public health emergency in 2016.

Drug policy in B.C., especially decriminalization of possession of small amounts of hard drugs and drug use in public areas, could become key election issues this fall.

Eby, a former executive director of the B.C. Civil Liberties Association, said Wednesday that criticism of the NDP’s involuntary care plan by the Canadian Civil Liberties Association is “misinformed” and “misleading.”

“This isn’t about forcing people into a particular treatment,” he said at an unrelated news conference. “This is about making sure that their safety, as well as the safety of the broader community, is looked after.”

Eby said “simplistic arguments,” where one side says lock people up and the other says don’t lock anybody up don’t make sense.

“There are some people who should be in jail, who belong in jail to ensure community safety,” said Eby. “There are some people who need to be in intensive, secure mental health treatment facilities because that’s what they need in order to be safe, in order not to be exploited, in order not to be dead.”

The CCLA said in a statement Eby’s plan is not acceptable.

“There is no doubt that substance use is an alarming and pressing epidemic,” said Anais Bussières McNicoll, the association’s fundamental freedoms program director. “This scourge is causing significant suffering, particularly, among vulnerable and marginalized groups. That being said, detaining people without even assessing their capacity to make treatment decisions, and forcing them to undergo treatment against their will, is unconstitutional.”

While Eby, a noted human rights lawyer, could face political pressure from civil rights opponents to his involuntary care plans, his opponents on the right also face difficulties.

The BC United Party suspended its campaign last month in a pre-election move to prevent a vote split on the right, but that support may splinter as former jilted United members run as Independents.

Five incumbent BC United MLAs, Mike Bernier, Dan Davies, Tom Shypitka, Karin Kirkpatrick and Coralee Oakes are running as Independents and could become power brokers in the event of a minority government situation, while former BC United incumbents Ian Paton, Peter Milobar and Trevor Halford are running under the B.C. Conservative banner.

Davies, who represents the Fort St. John area riding of Peace River North, said he’s always been a Conservative-leaning politician but he has deep community roots and was urged by his supporters to run as an Independent after the Conservatives nominated their own candidate.

Davies said he may be open to talking with B.C. Conservative Leader John Rustad after the election, if he wins or loses.

Green Leader Sonia Furstenau has suggested her party is an option for alienated BC United voters.

Rustad — who faced criticism from BC United Leader Kevin Falcon and Eby about the far-right and extremist views of some of his current and former candidates and advisers — said the party’s rise over the past months has been meteoric.

“It’s been almost 100 years since the Conservative Party in B.C. has won a government,” he said. “The last time was 1927. I look at this now and I think I have never seen this happen anywhere in the country before. This has been happening in just over a year. It just speaks volumes that people are just that eager and interested in change.”

Rustad, ejected from the former B.C. Liberals in August 2022 for publicly supporting a climate change skeptic, sat briefly as an Independent before being acclaimed the B.C. Conservative leader in March 2023.

Rustad, who said if elected he will fire B.C.’s provincial health officer Dr. Bonnie Henry over her vaccine mandates during the COVID-19 pandemic, has removed the nominations of some of his candidates who were vaccine opponents.

“I am not interested in going after votes and trying to do things that I think might be popular,” he said.

Prof. David Black, a political communications specialist at Greater Victoria’s Royal Roads University, said the rise of Rustad’s Conservatives and the collapse of BC United is the political story of the year in B.C.

But it’s still too early to gauge the strength of the Conservative wave, he said.

“Many questions remain,” said Black. “Has the free enterprise coalition shifted sufficiently far enough to the right to find the social conservatism and culture-war populism of some parts of the B.C. Conservative platform agreeable? Is a party that had no infrastructure and minimal presence in what are now 93 ridings this election able to scale up and run a professional campaign across the province?”

This report by The Canadian Press was first published Sept. 19, 2024.

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