Things That Matter

As Republicans Move To Fill Supreme Court Seat, Julián Castro Says Democrats Should Consider Nuclear Option

With the death of Supreme Court Justice Ruth Bader Ginsburg, progressives are struggling to figure out their next move. Republicans have made it clear they don’t care about precedent or even following their own made up rules, and plan to attempt to fill the vacancy as quickly as possible.

Some Republicans have even gone as far as saying they’ll vote to confirm Trump’s Supreme Court nominee even if he loses the November election, in a lame duck session of Congress.

This has Democrats in overdrive trying to figure out their game plan and how they’ll respond to Republican efforts to once again steal a Supreme Court seat.

Julián Castro says that Democrats should consider packing the court if they come into power come January.

In an interview with Buzzfeed’s News O’Clock podcast, this year’s only Latino candidate for president said that Democrats should consider adding more justices to the Supreme Court if Senate Republicans rush to confirm a justice to replace Ruth Bader Ginsburg. His announcement is a reversal from his stated position during the presidential campaign.

“For many of us, that wasn’t our preference, but the fact is you have Mitch McConnell not abiding by, not working in good faith under the Constitution. … If you have that kind of abuse of the system, then I think that, yeah, Democrats should be open to different ways that we can stave off draconian changes to our fundamental rights,” he said.

During last year’s presidential primaries, Castro said that he “would not pack the court” if we were elected president, but with reproductive rights, voting rights, and healthcare hanging in the balance, he now believes Democrats should consider structural reform to the court.

“When those are the stakes, and Mitch McConnell is the one who’s abused this system, then yeah, I think we need to be open to considering either adding more justices or other structural reforms that will prevent this kind of abuse in the future,” he said.

Nothing in the Constitution limits the number of justices that sit on the Supreme Court.

Credit: Sam Gateaux / Getty Images

Adding more justices to the Supreme Court, or “packing the court”, has become widely popular among progressives as they see it as a last resort to restoring equality to the court. And the only way in writing wrongs committed by Republican Senate leadership.

Obviously, one concern is that if the Democrats increase the court size when they have power, that the Republicans could expand it again when they regain power. And we would have a never ending saga.

But as the Democrats are once again outplayed and outmaneuvered by the GOP, many say it’s a risk worth taking.

Castro also warned that Biden was losing his traction with Latino voters.

Meanwhile, Castro has also expressed concern that the Biden campaign isn’t doing enough to win the support of Latino voters.

“I believe the campaign gets it in that they understand they have work to do,” Castro said, adding that he thinks that Biden will pick up Latino support by Nov. 3 because the campaign is now investing in voter registration, bilingual messaging across platforms, and tailored outreach to different Latino communities, rather than treating them as one unified voting block.

“The Latino community too often is invisible, it’s an afterthought,” said Castro, who was housing secretary under Barack Obama. “Even though it’s going to be the largest non-white voting group in 2020. I think in every way in American society … there’s this image of the Latino community as though everybody got here five minutes ago.”

Joe Biden’s campaign has “to make sure that they are doing everything they can to reach out to a community that already has one of the lowest rates of voting, that needs to be brought into the fold”, Castro said.

With 29 million eligible voters in 2018, or about 12.8% of the total, Latinos voted more than two-to-one for Democrats, according to Pew Research. That was a much lower rate than for the party’s key bloc, African Americans, who went 90%-9% for Democrats.

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Undocumented Residents Could Be Excluded From The 2020 Census After All, Thanks To New Supreme Court Case

Things That Matter

Undocumented Residents Could Be Excluded From The 2020 Census After All, Thanks To New Supreme Court Case

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The drama over the 2020 Census continues.

First, was a Supreme Court decision that found the Trump administration wasn’t being totally honest about it’s reasoning for including the citizenship question on the 2020 Census – so the court effectively removed the question from the census. 

Then, Trump tried to delay the constitutionally mandated census to give his administration more time to come up with a better reason to tell the courts.

None of that worked as planned by the administration, and the Census has continued as normal. However, so many in minority communities – particularly migrant communities – have been fearful of completing this year’s census. Well, a new Supreme Court case could erase all the progress we made to make sure all residents – regardless of immigration status – were fairly counted.

The Supreme Court will hear a case that could allow the Trump Administration to exclude undocumented residents from Census data.

On Friday, the U.S. Supreme Court agreed to hear arguments next month over whether President Trump can exclude undocumented immigrants from the census count used to apportion congressional districts to the 50 states.

The court’s announcement means that the court – which could soon have a 6-3 conservative majority – will hear arguments in the case on November 30.

In July, Trump issued a memorandum asking the Census Bureau to subtract undocumented immigrants from the count for the purposes of congressional apportionment — the reallocation of the nation’s 435 House districts every 10 years. Trump’s memo came after the Supreme Court had rejected his last minute efforts to add a citizenship question to the census.

By the time the high court hears this case, federal Judge Amy Coney Barrett could be confirmed as the ninth justice, cementing a conservative majority. Senate Republicans hope to confirm her nomination to the Supreme Court before the election on Nov. 3.

However, the U.S. Constitution explicitly calls for the counting of all residents within the country.

Credit: Tetra Images / Getty Images

The 14th Amendment requires districts to apportion congressional seats based on “counting the whole number of persons in each State, excluding Indians not taxed.”

Since the first U.S. census in 1790, the numbers of U.S. residents who are counted to determine each state’s share of congressional seats have included both citizens and noncitizens, regardless of immigration status.

“President Trump has repeatedly tried — and failed — to weaponize the census for his attacks on immigrant communities. The Supreme Court rejected his attempt last year and should do so again,” said Dale Ho, a lead plaintiffs’ attorney with the American Civil Liberties Union who successfully argued against the now-blocked citizenship question the administration wanted on the 2020 census forms.

Removing those immigrants from the population counts would shift power to less diverse states. A Pew Research Center study last year found that it could result in House seats that would otherwise be assigned to California, Florida and Texas going instead to Alabama, Minnesota and Ohio — each of which is set to possibly lose a House seat in the next decade due to population shifts.

And drawing new districts within the states based only on the counts of citizens and legal immigrants would likely benefit Republicans, shifting power from cities and immigrant communities to rural parts of the states, which vote for GOP candidates at higher rates

The announcement comes shortly after the court also allowed the Trump Administration to end the Census count early.

Earlier last week, the Supreme Court allowed the Trump administration to stop the census count, blocking lower court orders that directed the count to continue through the end of the month. 

The decision, which the Trump administration favored, came with a candid dissent from Justice Sonia Sotomayor – the court’s only Latina justice.

“Meeting the deadline at the expense of the accuracy of the census is not a cost worth paying,” Sotomayor wrote in her dissent. “Especially when the Government has failed to show why it could not bear the lesser cost of expending more resources to meet the deadline or continuing its prior efforts to seek an extension from Congress. This Court normally does not grant extraordinary relief on such a painfully disproportionate balance of harms.”

But it wasn’t long ago that Trump tried to completely derail this year’s census.

The Trump administration has decided to print the 2020 census forms without a citizenship question, and the printer has been told to start the printing process, Justice Department spokesperson Kelly Laco confirms to NPR.

The move came shortly after the Supreme Court ruled to keep the question off census forms for now and just a day after printing was scheduled to begin for 1.5 billion paper forms, letters, and other mailings.

President Trump had said he wanted to delay the constitutionally mandated headcount to give the Supreme Court a chance to issue a more “decisive” ruling on whether the administration could add the question, “Is this person a citizen of the United States?” A majority of the justices found that the administration’s use of the Voting Rights Act to justify the question “seems to have been contrived.”

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Xavier Becerra Will Not Prosecute Women Getting Abortions If Roe V Wade Is Overturned

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Xavier Becerra Will Not Prosecute Women Getting Abortions If Roe V Wade Is Overturned

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Americans are closely watching the confirmation hearing of Amy Coney Barrett. The judge has made it clear that she is not in favor of marriage equality, access to abortion, and the right to affordable and life-saving healthcare. California’s attorney general has pledged not to prosecute women for abortions if Roe V. Wade is overturned.

California Attorney General Xavier Becerra is standing with women and their right to choose.

AG Becerra was a congressman representing California wen President Donald Trump won the 2016 election. Former California Gov. Jerry Brown called on AG Becerra to leave Congress and come back to California as the attorney general. The move was a clear response to President Trump’s victory and a show that California was gearing up for years of legal battles against the administration.

Politicians and activists are sounding the alarm of Barrett’s alleged willingness to overturn Roe V. Wade.

The Supreme Court secured the future for women when they made the decision on Roe V. Wade. Suddenly, women have safe access to abortions. It closed a dark chapter in American history when women died from botched back alley abortions. Since the decision was made, the GOP has fought for years on local, state, and national levels to reverse the decision and strip women of their healthcare rights.

Concerned citizens are begging for government officials to do something to protect abortion rights.

If Roe V. Wade is overturned, the decisions to allow abortions will be left up to the states. This would negatively impact millions of women who are already struggling to access necessary healthcare in GOP-led states. States like Louisiana and Texas have made it increasingly difficult for women to access abortions in the state.

Americans do support Roe V. Wade.

Sixty-six percent of American adults do not support overturning Roe V. Wade. The decision has had a very real and important impact on the lives of women in the U.S. After decades of dangerous and fatal botched abortions in the U.S., the Supreme Court decision gave women a chance to get safe abortions. The decision afforded women a chance to have control of their futures.

People are grateful to see AG Becerra’s statement on Roe V. Wade.

Abortion is something more and more Latinos have come around too, according to some studies. According to the Latina Institute, a majority of Latinos are in favor of women having the right to choose what is best for them.

What are your thoughts about Roe V. Wade? Let us know.

READ: Latinas Raged Outside Of The Supreme Court To Fight Back At Recent Abortion Bans That Are Unconstitutional

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