Supreme Court Briefs Filed By Attorney General Kamala Harris
Recently, a number of people on the right have endorsed Vice President Harris as the only way to save democracy. Relatedly, David French, says he is voting for Harris “to try to save conservatism.” Not mentioned in French’s essay is the Senator Schumer’s nuclear bill, which would effectively overrule a decision by statute, and strip the Supreme Court of jurisdiction to review that law. French had asked Justice Gorsuch about Supreme Court “reform” during an interview, but the issue apparently did not move French. I suppose the only way to save democracy is to destroy the independence of the Supreme Court.
Perhaps if French came out and said we should elect Harris, but keep the Congress in Republican hands, that would forestall SCOTUS “reform,” at least for a few years. But an endorsement of Harris, without opining on the state of Congress, all but ensures the filibuster is destroyed and jurisdiction striping and/or Court packing will pass. The American Bar Association recently endorsed a suite of “democracy” reforms, but as best as I can tell, has been silent on jurisdiction stripping. As Justice Thomas often repeats, we will come to regret crippling the last independent branch of government.
On that note, Harris spent about six years as Attorney General of California before becoming a Senator. By my count, she signed about fifty Supreme Court briefs–a mix of cert-stage briefs, merit-stage briefs, and amicus briefs. It is rare to have a presidential candidate with such a detailed record regarding constitutional law. I think it is useful to walk through these briefs to provide a sketch of how a President Harris would view the Constitution and the Court.
2016
- Joined blue state amicus brief in Whole Woman’s Health v. Cole (abortion)
- Led blue state amicus brief in Zubik v. Burwell (contraceptive mandate)
- Led blue state amicus brief in Murr v. State of Wisconsin (takings clause)
- Joined blue state amicus brief in Czyzewski v. Jevic Holding Corp. (bankrptucy)
2015
- Joined blue state amicus brief in Arizona State Legislature v. Arizona Independent Redistricting Commission (redistricting)
- Joined blue state amicus brief in King v. Burwell (ACA “pure applesauce” and “jiggery-pokery”)
- Merits brief in Davis v. Ayala (habeas)
- Joined blue state amicus brief in Michigan v. Environmental Protection Agency (Clean Air Act)
- Joined blue state amicus brief in O
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