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Tight US House races in California as GOP maintains control over the chamber
Court Watch |
2024/11/14 15:01
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Republicans and Democrats awaited the outcome of vote-counting for crucial U.S. House districts in California on Wednesday, as the GOP clinched majority control of the chamber next year with a race call in neighboring Arizona.
In a rematch from 2022, Rep. Ken Calvert — the longest-serving Republican in the state’s congressional delegation — defeated rival Democrat Will Rollins in the 41st District, which lies east of Los Angeles and was a top target for national Democrats.
In Southern California’s Orange County, Democrat Dave Min defeated Republican Scott Baugh in a closely divided swing district, ending Baugh’s bid to seize the seat being vacated by Democratic Rep. Katie Porter in what was once a conservative stronghold.
The 47th District, southeast of Los Angeles, was a top target for national Republicans looking to protect and possibly expand the their narrow majority.
Calvert, who was backed by President-elect Donald Trump, claimed his 17th term in a district narrowly carried by Trump in 2020.
“This is a hard-fought victory that shows voters want someone who will put results above partisan politics,” Calvert said in a post on the social platform X.
Min, also posting on X, said that in Congress he will “fight to protect our democracy, safeguard our freedoms and expand economic opportunity.”
Baugh said on the same platform that “despite running a strong campaign … that effort is going to come up a little short.”
On Tuesday, Republican Rep. David Valadao’s victory in California’s 22nd District moved Republicans within two wins of retaining the House gavel, with the tally 216-207 in favor of the GOP, as counting continued in a sliver of races across the country.
With Calvert’s win, the Republican tally reached 217. That became 218 on Wednesday night, securing a majority margin, as Rep. Juan Ciscomani won reelection to a seat representing southeastern Arizona. Some squeaker races remained in play in California.
In the 45th District, anchored in Orange County, Republican Rep. Michelle Steel’s lead over Democrat Derek Tran was whittled down to a few hundred votes as counting continued.
California is known as a liberal protectorate — Democrats hold every statewide office, dominate the Legislature and congressional delegation and outnumber registered Republicans by a staggering 2-1 ratio. Still, Republicans retain pockets of political clout in the Southern California suburbs and vast rural stretches, including the Central Valley farm belt.
Orange County was once considered conservative holy ground, where white, suburban homeowners delivered winning margins for Republicans year after year. It was a foundational block in the Reagan revolution. But the county has become more demographically diverse and Democratic over time, like much of the state.
The 47th District, which includes Huntington Beach and other famous surf breaks, has been occupied by Porter, a progressive favorite who in 2022 narrowly defeated Baugh, a former Republican legislator. Porter, known for grilling CEOs during Capitol Hill hearings, stepped aside to run for U.S. Senate, but lost in the primary.
Given the stakes in the closely divided district, the contest was especially rancorous. Min ads called Baugh a “MAGA extremist” who would endanger abortion rights. Baugh said Min’s “extreme liberal views” were out of step with the district.
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Georgia Supreme Court restores near-ban on abortions while state appeals
Court Watch |
2024/10/11 01:37
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The Georgia Supreme Court on Monday halted a ruling striking down the state’s near-ban on abortions while it considers the state’s appeal.
The high court’s order came a week after a judge found that Georgia unconstitutionally prohibits abortions beyond about six weeks of pregnancy, often before women realize they’re pregnant. Fulton County Superior Court Judge Robert McBurney ruled Sept. 30 that privacy rights under Georgia’s state constitution include the right to make personal healthcare decisions.
The state Supreme Court put McBurney’s ruling on hold at the request of Republican state Attorney General Chris Carr, whose office is appealing.
In a dissenting opinion, Justice John J. Ellington argued that the case “should not be predetermined in the State’s favor before the appeal is even docketed.”
“The State should not be in the business of enforcing laws that have been determined to violate fundamental rights guaranteed to millions of individuals under the Georgia Constitution,” Ellington wrote. “The `status quo’ that should be maintained is the state of the law before the challenged laws took effect.”
Clare Bartlett, executive director of the Georgia Life Alliance, called high court’s decision “appropriate,” fearing that without it, women from other states would begin coming to Georgia for surgical abortions.
“There’s no there’s no right to privacy in the abortion process because there’s another individual involved,” Bartlett said. She added: “It goes back to protecting those who are the most vulnerable and can’t speak for themselves.”
Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, said the state Supreme Court had “sided with anti-abortion extremists.” Her group is among the plaintiffs challenging the state law.
“Every minute this harmful six-week abortion ban is in place, Georgians suffer,” Simpson said in a statement. “Denying our community members the lifesaving care they deserve jeopardizes their lives, safety, and health — all for the sake of power and control over our bodies.”
Leaders of carafem, an Atlanta abortion provider that had planned to expand its services after McBurney’s ruling, expressed dismay at the law’s reinstatement.
“Carafem will continue to offer abortion services following the letter of the law,” said Melissa Grant, the provider’s chief operating officer. “But we remain angry and disappointed and hope that eventually people will come back to a more sensible point of view on this issue that aligns with the people who need care.”
Georgia’s law, signed by Republican Gov. Brian Kemp in 2019, was one of a wave of restrictive abortion measures that took effect in Republican-controlled states after the U.S. Supreme Court overturned Roe v. Wade in 2022 and ended a national right to abortion. It prohibited most abortions once a “detectable human heartbeat” was present. At around six weeks into a pregnancy, cardiac activity can be detected by ultrasound in an embryo’s cells that will eventually become the heart.
Georgia has a separate criminal law that makes illegal abortions punishable by up to 10 years in prison for providers, but not for women having abortions. In addition, the 2019 ban puts physicians at risk of losing their medical licenses if they perform unpermitted abortions.
The Georgia Supreme Court’s one-page order Monday exempted one specific provision of the state’s abortion law from being reinstated.
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US court to review civil rights lawsuit alleging environmental racism
Court Watch |
2024/10/07 17:50
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A federal appellate court is set to hear oral arguments Monday in a civil rights lawsuit alleging a south Louisiana parish engaged in racist land-use policies to place polluting industries in majority-Black communities.
The Fifth Circuit Court of Appeals in New Orleans is reviewing a lawsuit filed by community groups claiming St. James Parish “intentionally discriminated against Black residents” by encouraging industrial facilities to be built in areas with predominantly Black populations “while explicitly sparing White residents from the risk of environmental harm.”
The groups, Inclusive Louisiana, Rise St. James and Mt. Triumph Baptist Church, seek a halt to future industrial development in the parish.
The plaintiffs note that 20 of the 24 industrial facilities were in two sections of the parish with majority-Black populations when they filed the complaint in March 2023.
The parish is located along a heavily industrialized stretch of the Mississippi River between New Orleans and Baton Rouge, Louisiana, known as the Chemical Corridor, often referred to by environmental groups as “Cancer Alley” because of the high levels of suspected cancer-causing pollution emitted there.
The lawsuit comes as the federal government has taken steps during the Biden administration to address the legacy of environmental racism. Federal officials have written stricter environmental protections and committed tens of billions of dollars in funding.
In the Louisiana case, U.S. District Judge Carl Barbier of the Eastern District of Louisiana in November 2023 dismissed the lawsuit largely on procedural grounds, ruling the plaintiffs had filed their complaint too late. But he added, “this Court cannot say that their claims lack a basis in fact or rely on a meritless legal theory.”
Barbier said the lawsuit hinged primarily on the parish’s 2014 land-use plan, which generally shielded white neighborhoods from industrial development and left majority-Black neighborhoods, schools and churches without the same protections. The plan also described largely Black sections of the parish as “future industrial” sites. The plaintiffs missed the legal window to sue the parish, the judge ruled.
Yet the parish’s land-use plan is just one piece of evidence among many revealing ongoing discrimination against Black residents in the parish, said Pamela Spees, a lawyer for the Center of Constitutional Rights representing the plaintiffs. They are challenging Barbier’s ruling under the “continuing violations” doctrine on the grounds that discriminatory parish governance persists, allowing for industrial expansion in primarily Black areas.
The lawsuit highlights the parish’s decision in August 2022 to impose a moratorium on large solar complexes after a proposed 3,900-acre (1,580-hectare) solar project upset residents of the mostly white neighborhood of Vacherie, who expressed concerns about lowering property values and debris from storms. The parish did not take up a request for a moratorium on heavy industrial expansion raised by the plaintiffs, the lawsuit states.
These community members “have tried at every turn to simply have their humanity and dignity be seen and acknowledged,” Spees said. “That’s just been completely disregarded by the local government and has been for generations.”
Another part of the complaint argues the parish failed to identify and protect the likely hundreds of burial sites of enslaved people by allowing industrial facilities to build on and limit access to the areas, preventing the descendants of slaves from memorializing the sites. The federal judge tossed out that part of the lawsuit, noting the sites were on private property not owned by the parish.
At its core, the complaint alleges civil rights violations under the 13th and 14th amendments, stating the land-use system in the parish allowing for industrial buildout primarily in majority-Black communities remains shaped by the history of slavery, white supremacy and Jim Crow laws and governance.
Lawyers for St. James Parish said the lawsuit employed overreaching claims and “inflammatory rhetoric.” St. James Parish did not respond to a request for comment. |
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Supreme Court will weigh Mexico’s $10 billion lawsuit against U.S. gun makers
Court Watch |
2024/10/04 00:51
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The Supreme Court said Friday it will decide whether to block a $10 billion lawsuit Mexico filed against leading U.S. gun manufacturers over allegations their commercial practices have helped caused much bloodshed there.
The gun makers asked the justices to undo an appeals court ruling that allowed the lawsuit to go forward despite broad legal protections for the firearm industry.
A federal judge has since tossed out the bulk of the lawsuit on other legal grounds, but Mexico could appeal that dismissal. Mexico argues the companies knew weapons were being sold to traffickers who smuggled them into Mexico and decided to cash in on that market. The government estimates 70% of the weapons trafficked into Mexico come from the United States.
The defendants include big-name manufacturers such as Smith & Wesson, Beretta, Colt and Glock. They say Mexico has not shown the industry has purposely done anything to allow the weapons to be used by cartels and is trying to “bully” gunmakers into adopting gun-control measures.
Originally filed in 2021, the lawsuit was initially tossed out by a district court who cited legal protections for gun makers from damages resulting from criminal use of firearms. But the 1st U.S. Circuit Court of Appeals revived the case under an exception to that law. The gunmakers appealed that ruling to the Supreme Court, arguing they have followed lawful practices and the case has no business in American courts.
U.S. District Judge F. Dennis Saylor in Boston again dismissed the case against six of the eight companies in August, ruling Mexico had not provided concrete evidence that any those companies’ activities in Massachusetts were connected to any suffering caused in Mexico by guns.
Still, with some claims remaining and an appeal possible, the gun makers argue the 1st Circuit ruling could hang over the industry for years if allowed to stand.
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