Friday, September 16, 2016

Democrats Wish List:Conservatives Should Worry...

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Sen. Chuck Schumer 

Conservatives Should Worry: Democrat Senator Says Progressive Supreme Court Top Goal
Sen. Chuck Schumer has reminded us just how important the upcoming presidential election will be in shaping the federal judiciary, calling getting a progressive Supreme Court his “number one goal.”
“A progressive majority on the Supreme Court is an imperative, and if I become majority leader, I will make it happen,” Schumer, D-N.Y., said to attendees at a conference last week hosted by the Rev. Al Sharpton.



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These statements should concern individuals with a proper understanding of the limited role of the judiciary. The next president will appoint at least one justice to the Supreme Court and could fill one-third of judgeships on the lower courts by the end of two terms.
And a “progressive” Supreme Court is not outside the realm of possibilities.
The high court has been closely divided on a number of contentious issues in recent years: the Second Amendment (Heller, McDonald), religious liberty (Hobby Lobby, Town of Greece), the First Amendment (Citizens United), racial preferences (Fisher I), and the death penalty (Glossip), among others. One vote made the difference in each of these cases, which most consider as victories for the conservative wing of the court.
Schumer specifically criticized a 2013 decision involving a 5-4 decision about voting rights. In Shelby County v. Holder, the court held that Section 4 of the Voting Right Act, which set forth a 40-year-old coverage formula laying out which states needed to get preapproval from the federal government before making any changes in their voting laws, was unconstitutional.
The court explained that Congress “did not use the record it compiled to shape a coverage formula grounded in current conditions” and that the formula had “no logical relation to the present day.”
As Roll Call reported, Schumer “predicted that the Shelby County decision on voting rights would be overturned by a Supreme Court with the kind of progressive justices he would prioritize confirming as majority leader.”

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