Thursday, November 26, 2020

Supreme Court 5-4 stays Cuomo exec order on Church and synagogue attendance

OTHERWISE: Supreme Court 5-4 stays Cuomo exec order on Church and synagogue attendance: Responding to "emergency" petitions the the Roman Catholic Brooklyn Archdiocese and an Orthodox Jewish group Agudath Israel of America the ...

Tuesday, November 17, 2020

Professor Drew S. Days III dies at 79 - Yale Law School

Yale Law School Mourns the Death of Alfred M. Rankin Professor of Law Drew S. Days III - Yale Law School

After law school Drew Days served in the Peace Corps in Honduras with his wife Ann from 1967-1969.  He then began work at the NAACP Legal Defense Fund in New York City as its First Assistant Counsel, where he litigated cases in the areas of school desegregation, police misconduct, employment discrimination, and prisoners’ rights until 1977.

At the age of 30, Days won a lawsuit that desegregated his childhood Tampa schools as part of the trial team in Mannings v. Board of Public Instruction of Hillsborough County, Florida.

President Jimmy Carter nominated him to be the first African American Assistant Attorney General for the Civil Rights Division at the U.S. Department of Justice in 1977. In that capacity, he was responsible for nationwide enforcement of federal civil and criminal civil rights laws. In 1978, he led the successful effort to endorse affirmative action programs in the landmark case Regents of the University of California v. Bakke.

Days joined the Yale Law faculty in 1981. At Yale, his teaching and writing was in the fields of civil procedure, federal jurisdiction, Supreme Court practice, antidiscrimination law, comparative constitutional law (Canada and the United States), and international human rights. In 1991, he was named Alfred M. Rankin Professor of Law. From 1988 to 1993, he was also the founding director of the Orville H. Schell Jr. Center for International Human Rights at Yale Law School. From 1993–1996, Days served as the Solicitor General of the United States for the Clinton Administration.

“Drew was a gentle, courageous lawyer of principle, deeply committed to human and civil rights. He always spoke quietly and modestly, but with such moral authority,” said former Dean and Sterling Professor of International Law Harold Hongju Koh. “Along with his mentor Burke Marshall, another former head of the Civil Rights Division, he was one of the moral centers of the Yale Law School in the late-20th century. He cared nothing for titles or recognition, because his client was always the Constitution, not the political powers of the moment. His life will be remembered as a reminder of the moral urgency of putting principle first.”

Monday, November 16, 2020

Saturday, November 14, 2020

Against a Catholic backdrop, Biden vows increase in refugee admissions | National Catholic Reporter

Against a Catholic backdrop, Biden vows increase in refugee admissions | National Catholic Reporter

Joe Biden chose the setting of one of the Catholic Church's leading refugee support organizations' events to state for the first time as president-elect that he will dramatically increase the target for refugee admissions to the United States, offering a stark contrast to the historic lows under President Donald Trump that were long protested by Catholic leaders.

The Catholic president-elect who repeatedly invoked his faith on the campaign trail, said he would raise the annual admission target to 125,000, marking a sharp increase to the Trump administration's cap of 15,000 individuals.

"A Biden-Harris administration will restore America's historic role in protecting the vulnerable and defending the rights of refugees everywhere," he said.

Last June, on World Refugee Day, Biden had previously pledged to increase the refugee ceiling, but this is the first time he has committed to doing so as president-elect.

His remarks came on Nov. 12 during a virtual 40th anniversary celebration for Jesuit Refugee Service/USA. Established in 1980 as an initiative of the Society of Jesus, the organization works around the globe to resettle refugees and other forcibly displaced persons.

"This is a great organization. This organization was founded to serve the needs of some of the most vulnerable among us," Biden said in a prerecorded message. "JRS believes that in the stranger, we actually meet our neighbor and that every society is ultimately judged by how we treat those most in need."


Wednesday, November 11, 2020

Opinion | What Is Trump Playing At? - The New York Times

Donald Trump's refusal to concede that he lost th election is an unprecedented threat to democracy.
Opinion | What Is Trump Playing At? - The New York Times

By Thomas Edsall

Trump's Pennsylvania post-election challenge

 Trump's Pennsylvania post-election challenge - Trump v. Boockvar, Sec'y of Commonwealth   <<<VIDEO recording

Constitution of the United States of America

Article I 

  • Section 4

    • Clause 1
    • The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Trump Pennsylvania Complaint - too much counting?

Tribe & Mazie - Trump threatens a coup  Boston Globe 10/28/20

Update: Texas law profs support Democrats opposing GOP effort to void 100,000 Houston curbside ballots

Amar. Katyal and Amar Opinion | The Supreme Court Should Not Muck Around in State Election Laws - The New York Times

Republican Party of PA v. Boockvar, motion to expedite certiorari petition denied, over dissent by Alito, that PA Supreme Court "squarely alters" a "statutory provision... enacted by the Pennsylvania Legislature"

Carson v. Simon, Minnesota Sec'y of State, October 29, 2020, 8th Circuit [2-1], enjoins Secretary of State's directive to count mail-in ballots postmarked by November 3 but received through November 10

Order and dissent: Merrill, Secretary of State v. People First of Alabama Federal Court Alabama reinstates  5-3  ban on curbside voting, October 21, 2020

 By Ian Millhiser

Merrill, AL Secretary of State v. People First, October 21, 2020

Democratic Party of Penn v. Boockvar, Penn Supreme Court, September 17, 2020
linked and discussed in Harvard Law Review Blog

Tuesday, November 10, 2020

Andy Slavitt - things are looking up but the next three months will be the worst

 You can hear Andy Slavitt (Ex-Obama health care head) and Eric Topol (Scripps, former Cleveland Clinic provost) on Slavitt's podcast In the Bubble November 10, 2020

Supreme Court, put the needs of children in foster care first | TheHill

Based on the tenor or oral argument last seek the Supreme Court seems poised to require Philadelphia to offer a contract to Catholic Social Services for adoption and foster care - despite CSS refusal to place children with same-sex married couples - whose marriages it does not recognize. This despite Pope Francis's recent statement in support of civil union for gay couples. - gwc
OTHERWISE: Supreme Court, put the needs of children in foster care first | TheHill: Supreme Court, put the needs of children in foster care first | TheHill By Mary Boo  [Executive director of the North American Council on Adoptable Children]