When the first person of color on the nation’s highest court retired three decades ago, the nation’s first female justice paid tribute to the invaluable experience he brought to what had been an exclusively white male institution.
“Although all of us come to the court with our own personal histories and experiences, Justice [Thurgood] Marshall brought a special perspective,” Justice Sandra Day O’Connor wrote in 1992 in the Stanford Law Review.
“At oral arguments and conference meetings, in opinions and dissents, Justice Marshall imparted not only his legal acumen but also his life experiences, constantly pushing and prodding us to respond not only to the persuasiveness of legal argument but also to the power of moral truth.”
Angela Onwuachi-Willig, the dean of Boston University’s law school, lifts up O’Connor’s insight in a recent letter in support of another legal pioneer: Judge Ketanji Brown Jackson, recently nominated to succeed retiring Justice Stephen Breyer.
If confirmed, Jackson is not expected to dramatically change the ideological composition of the court, which is now dominated by six conservatives. But she would make an immediate and monumental mark as the court’s first Black female justice and its first …
As many of you know, I started as the Center for Progressive Reform's new executive director this month. I am thrilled to join CPR in this historic moment, to commit the next stage of my life to fight for the integrity and strength of our democracy, and to establish, as FDR said 90 years ago, "the purpose of government to see that not only the legitimate interests of the few are protected but that the welfare and rights of the many are conserved."
CPR's mission speaks to me personally. My own winding story saw me raised in the American South, defending refugees and human rights in Central America in the '80s, living in Cuba in the '90s, and, for the past 15 years, working at Oxfam to defend workers' rights and socially vulnerable communities in the United States. The fault lines of race and entitlement that …
Editor’s note: This post is part of the Center for Progressive Reform’s Policy for a Just America initiative. Learn more on CPR's website.
At long last, we’ve reached “safe harbor” day, when states must resolve election-related disputes. Under federal law, Congress must count votes from states that meet today’s deadline. Donald Trump is essentially out of time to steal a second term; our democracy, it appears, will survive, at least for now.
Like many of you, I’ve been thinking a lot about the election — and what Trump’s relentless efforts to undermine it mean for our country. I’ve been thinking about the last one, too, when Trump took the helm of our country after a campaign of lies and hate — even though he received nearly 3 million fewer votes than his opponent.
I’ve been reflecting on other moments when our …
This is the second part of a two-post set. Read the first post here.
In yesterday's post, I discussed the essentially undemocratic ways that conservatives have come to the brink of a 6-3 majority on the Supreme Court and examined one significant implication for regulatory policy: the likely effect on the Court's view on Chevron deference. In this second post, I explore several other ways the Court could undermine the essential democratic character of the regulatory system.
Nondelegation. Progressives dodged a big bullet in 2019 when the Supreme Court handed down its decision in Gundy v. United States. In the case, conservatives sought to resuscitate a long-dormant doctrine known as nondelegation, which generally prohibits Congress from transferring its legislative authority to another branch, but again fell one vote short of doing so. Similar to Chevron deference, conservatives believe that the federal courts’ failure to enforce a more …
This is the first part of a two-post set. The second post is available here.
Last week, Matthew Yglesias published an important piece at Vox explaining the many ways conservatives have succeeded in exploiting fundamentally undemocratic features of our constitutional structure of government to advance their policy agenda. This strategy will have reached its grotesque culmination if they manage to seat Judge Amy Coney Barrett on the U.S. Supreme Court.
He’s rightfully angry about the situation – as should we all be – but the story he tells, thorough and infuriating as it is, misses an important point: It could actually get much worse. That’s because it's likely that Barrett will be a reliable vote in support of advancing the conservatives’ dream of stripping the U.S. regulatory system of its essential democratic features, transforming it into yet another vacuum cleaner with which the nation’s …
The nation is finally beginning to grapple with the widespread disparities in public health, economic opportunity, and community well-being across race and class that stem from longstanding systems of oppression and injustice. As systems thinkers, CPR's Board, staff, and Member Scholars have devoted considerable time to researching and understanding the roots of these inequities, considering the disproportionate impacts on frontline communities, and advocating for just policy reform.
Our Regulation as Social Justice project is an example. It recognizes that EPA, OSHA, and other "protector agencies" have a vital role to play in preventing harm to people and the environment through their statutory authority to adopt and enforce regulations. As they exercise that authority, agencies also have the capacity, indeed the moral obligation, to redress environmental and public health injustices by prioritizing the needs of overburdened communities in the development of their regulatory agenda and enforcement policies.