U.S. Senate Republicans voted 52 to 48 to confirm Judge Amy Coney Barrett to the U.S. Supreme Court to replace Justice Ruth Bader Ginsburg, who passed away Sept. 18. President Donald Trump held a celebration at the White House Monday evening after the Senate vote and Supreme Court Justice Clarence Thomas swore her in at the White House to the lifetime position. Barrett’s confirmation received no support from Democrats who voiced their anger over her confirmation hearing over the weekend. All Democratic Senators voted against her, including both of those from New Mexico.
A court case that could affect anti-discrimination laws in New Mexico will soon be before the U.S. Supreme Court. The case, Fulton v. the City of Philadelphia, will be heard by the Supreme Court next month. The case involves a Catholic-based organization that sued the city of Philadelphia because the city refused to allow the organization to continue a contract to house youth in foster care because the organization discriminates against same-sex couples. Marshall Martinez, interim executive director of Equality New Mexico, said that if the case is decided by a conservative majority on the court, then a contractor who receives tax payer funding to provide, for instance, homeless shelter services or foodbank services through a government contract could refuse to house or provide food to queer or transgender people. Martinez said that if the court rules against the city of Philadelphia broadly and bases its opinion on a religious argument, then the case could be interpreted to allow one faith-based organization to discriminate against people of other faiths and deny services to people of other faiths.
A District Court in Maryland has 40 days to lift, modify or continue the order it previously made to allow the abortion medication mifepristone to be available through telehealth during the pandemic. The U.S. Supreme Court asked the lower court on Thursday to reconsider a case the American College of Obstetrics and Gynecologists (ACOG) brought against the Food and Drug Administration (FDA) over the summer. ACOG wants the FDA to allow mifepristone to be available for abortion care through telehealth during the pandemic. Although the FDA approved mifepristone 20 years ago for abortion care, the FDA continues to regulate it as if it were a dangerous drug. The FDA argued in court that people should have to continue to pick up mifepristone at a health care provider during the pandemic.
New Mexico women who need contraception are likely safe for now despite the U.S. Supreme Court’s 7-2 decision which will allow private companies to opt out of providing insurance coverage for it, according to the American Civil Liberties Union of New Mexico. A recent law passed in New Mexico enables women in the state to continue contraceptive coverage despite the court’s decision which now enables private companies to deny contraception coverage by citing moral or religious objections. But, Ellie Rushforth, reproductive rights attorney for the ACLU-NM warned, the future is uncertain. “It doesn’t mean we’re fully insulated from future issues related to this,” she said. The Supreme Court overturned a lower court’s decision on Wednesday in the case, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania.
The U.S. Supreme Court ruled in favor of abortion rights Monday and struck down a Louisiana law in June Medical Services LLC v. Russo, but the “win” could be short-lived, say abortion rights advocates. The 5-4 decision brought an end to the legal battle over whether Louisiana’s 2014 law, that forced abortion providers in that state to obtain admitting privileges to a hospital within 30 miles of the clinic, is constitutional. The court, through Justice Stephen Breyer’s opinion, noted that the Louisiana law poses a “substantial obstacle,” to women seeking abortion, offered no significant health-related benefits nor showed evidence of how the law would improve the health and safety of women. But, Chief Justice John Roberts, who sided with the more liberal wing of the court, wrote a concurrence in which he made clear he only voted in favor of June Medical Services because of precedent. The court decided an almost identical case involving a Texas Law four years ago with Whole Women’s Health v. Hellerstedt.
The U.S. Supreme Court’s ruling on Monday protecting LGBTQ from workplace discrimination “further enshrines” protections New Mexico already put in place, said Adrian N. Carver. Carver, executive director of the nonprofit Equality New Mexico, said the state passed laws in 2003 and 2019 that protects most workers who identify as LGBTQ from workplace discrimination. But, he said, that doesn’t always mean people are genuinely protected. “Legal equality is very different from lived equality,” Carver said. Susan Powers, a transgender woman living in Albuquerque, agreed and said she lost two jobs because she came out.
Far from ending with President-elect Trump’s announcement that he will separate himself from the management of his business empire, the constitutional debate about the meaning of the Emoluments Clause 2014 and whether Trump will be violating it 2014 is likely just beginning. That’s because the Emoluments Clause seems to bar Trump’s ownership of his business. It has little to do with his management of it. Trump’s tweets last Wednesday said he would be “completely out of business operations.” But unless Trump sells or gives his business to his children before taking office the Emoluments Clause would almost certainly be violated.
Same-sex marriage is now legal in every state in the United States after a ruling by the United States Supreme Court. A little more than 11 years after Massachusetts became the first state to legalize same-sex marriage, the United States Supreme Court ruled 5-4 that same-sex couples have the right to marry and that laws that barred such marriages are, in fact, unconstitutional. “Were the Court to uphold the challenged laws as constitutional, it would teach the Nation that these laws are in accord with our society’s most basic compact,” Justice Anthonhy Kennedy wrote in the majority opinion. “Were the Court to stay its hand to allow slower, case-by-case determination of the required availability of specific public benefits to same-sex couples, it still would deny gays and lesbians many rights and responsibilities intertwined with marriage.” Within hours, same-sex couples in states that had previously not allowed same-sex marriages were lining up at courthouses to get married.