SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
");background-position:center;background-size:19px 19px;background-repeat:no-repeat;background-color:var(--button-bg-color);padding:0;width:var(--form-elem-height);height:var(--form-elem-height);font-size:0;}:is(.js-newsletter-wrapper, .newsletter_bar.newsletter-wrapper) .widget__body:has(.response:not(:empty)) :is(.widget__headline, .widget__subheadline, #mc_embed_signup .mc-field-group, #mc_embed_signup input[type="submit"]){display:none;}:is(.grey_newsblock .newsletter-wrapper, .newsletter-wrapper) #mce-responses:has(.response:not(:empty)){grid-row:1 / -1;grid-column:1 / -1;}.newsletter-wrapper .widget__body > .snark-line:has(.response:not(:empty)){grid-column:1 / -1;}:is(.grey_newsblock .newsletter-wrapper, .newsletter-wrapper) :is(.newsletter-campaign:has(.response:not(:empty)), .newsletter-and-social:has(.response:not(:empty))){width:100%;}.newsletter-wrapper .newsletter_bar_col{display:flex;flex-wrap:wrap;justify-content:center;align-items:center;gap:8px 20px;margin:0 auto;}.newsletter-wrapper .newsletter_bar_col .text-element{display:flex;color:var(--shares-color);margin:0 !important;font-weight:400 !important;font-size:16px !important;}.newsletter-wrapper .newsletter_bar_col .whitebar_social{display:flex;gap:12px;width:auto;}.newsletter-wrapper .newsletter_bar_col a{margin:0;background-color:#0000;padding:0;width:32px;height:32px;}.newsletter-wrapper .social_icon:after{display:none;}.newsletter-wrapper .widget article:before, .newsletter-wrapper .widget article:after{display:none;}#sFollow_Block_0_0_1_0_0_0_1{margin:0;}.donation_banner{position:relative;background:#000;}.donation_banner .posts-custom *, .donation_banner .posts-custom :after, .donation_banner .posts-custom :before{margin:0;}.donation_banner .posts-custom .widget{position:absolute;inset:0;}.donation_banner__wrapper{position:relative;z-index:2;pointer-events:none;}.donation_banner .donate_btn{position:relative;z-index:2;}#sSHARED_-_Support_Block_0_0_7_0_0_3_1_0{color:#fff;}#sSHARED_-_Support_Block_0_0_7_0_0_3_1_1{font-weight:normal;}.grey_newsblock .newsletter-wrapper, .newsletter-wrapper, .newsletter-wrapper.sidebar{background:linear-gradient(91deg, #005dc7 28%, #1d63b2 65%, #0353ae 85%);}
To donate by check, phone, or other method, see our More Ways to Give page.
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
"Dhillon has focused her career on diminishing civil rights, rather than enforcing or protecting them," argued one critic.
LGBTQ+ and voting rights defenders were among those who sounded the alarm Tuesday over Republican President-elect Donald Trump's selection of a San Francisco attorney known for fighting against transgender rights and for leading a right-wing lawyers' group that took part in Trump's effort to overturn the 2020 presidential election to oversee the U.S. Department of Justice Civil Rights Division.
On Monday, Trump announced his nomination of Harmeet Dhillon to head the key civil rights office, claiming on his Truth Social network that the former California Republican Party vice-chair "has stood up consistently to protect our cherished Civil Liberties, including taking on Big Tech for censoring our Free Speech, representing Christians who were prevented from praying together during COVID, and suing corporations who use woke policies to discriminate against their workers."
"In her new role at the DOJ, Harmeet will be a tireless defender of our Constitutional Rights, and will enforce our Civil Rights and Election Laws FAIRLY and FIRMLY," Trump added.
However, prominent trans activist Erin Reed warned on her Substack that Dhillon's nomination—which requires Senate confirmation—"signals an alarming shift that could make life increasingly difficult for transgender people nationwide, including those who have sought refuge in blue states to escape anti-trans legislation."
Trump has picked Harmeet Dhillon as Assistant Attorney General for Civil Rights. She has stated that it must be "made unsafe" for hospitals to provide trans care, and frequently shares Libs of TikTok posts. She intends to target trans people in blue states. Subscribe to support my journalism.
[image or embed]
— Erin Reed (@erininthemorning.com) December 10, 2024 at 8:14 AM
Reed continued:
Dhillon's most prominent work includes founding the Center for American Liberty, a legal organization that focuses heavily on anti-transgender cases in blue states. The organization's "featured cases" section highlights several lawsuits, such as Chloe Cole's case against Kaiser Permanente; a lawsuit challenging a Colorado school's use of a transgender student's preferred name; a case against a California school district seeking to implement policies that would forcibly out transgender students; and a lawsuit against Vermont for denying a foster care license to a family unwilling to comply with nondiscrimination policies regarding transgender youth.
Reed also highlighted Dhillon's attacks on state laws protecting transgender people, as well as her expression of "extreme anti-trans views" on social media—including calling gender-affirming healthcare for trans children "child abuse."
Last year, The Guardian's Jason Wilson reported that the Center for American Liberty made a six-figure payment to a public relations firm that represented Dhillion in both "her capacity as head of her own for-profit law firm and Republican activist."
Writing for the voting rights platform Democracy Docket, Matt Cohen on Tuesday accused Dhillon of being "one of the leading legal figures working to roll back voting rights across the country."
"In the past few years, Dhillon—or an attorney from her law firm—has been involved in more than a dozen different lawsuits in Arizona, Colorado, Georgia, Maine, Michigan, North Carolina, Virginia, and Washington, D.C. challenging voting rights laws, redistricting, election processes, or Trump's efforts to appear on the ballot in the 2024 election," Cohen noted.
As Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, said in a statement Tuesday, "The Department of Justice's Civil Rights Division has the critical responsibility of enforcing our nation's federal civil rights laws and ensuring equal justice under the law on behalf of all of our communities."
"That means investigating police departments that have a pattern of police abuse, protecting the right to vote, and ensuring schools don't discriminate against children based on who they are," Wiley noted. "The nomination of Harmeet Dhillon to lead this critical civil rights office is yet another clear sign that this administration seeks to advance ideological viewpoints over the rights and protections that protect every person in this country."
"Dhillon has focused her career on diminishing civil rights, rather than enforcing or protecting them," she asserted. "Rather than fighting to expand voting access, she has worked to restrict it."
A staunch Trump loyalist, Dhillon has also embraced conspiracy theories including the former president's "Big Lie" that the 2020 presidential election was stolen, and has accused Democrats of "conspiring to commit the biggest election interference fraud in world history."
She was co-chair of the Republican National Lawyers Association when it launched Lawyers for Trump, a group that urged the U.S. Supreme Court to intervene on behalf of the former president after he lost the 2020 election.
Cohen also highlighted Dhillon's ties to right-wing legal activist and Federalist Society co-chair Leonard Leo, described by Sen. Sheldon Whitehouse (D-R.I.) as a "lawless con man and crook" for his refusal to comply with a Senate subpoena and his organization of lavish gifts to conservative U.S. Supreme Court justices.
"We need a leader at the Civil Rights Division who understands that civil rights protections are not partisan or political positions open to the ideological whims of those who seek to elevate a single religion or to protect political allies or particular groups over others," Wiley stressed. "We need a leader who will vigorously enforce our civil rights laws and work to protect the rights of all of our communities—including in voting, education, employment, housing, and public accommodations—without fear or favor."
The nine justices of the nation's highest court are powerful government officials with a duty to stand up against abuse and for the rule of law. They claim they are independent. Will they act?
FBI director nominee-in-waiting Kash Patel writes children’s books in which his character, a wizard, vows to protect “King Donald.” (Patel also peddled pills to reverse the Covid-19 vaccine and produced a song recorded by imprisoned January 6 insurrectionists called “Justice for All.”) Ominous credentials to head the nation’s most powerful law enforcement agency, one with a history of abuse.
We’ve been vocal about what’s gone wrong at the Supreme Court. It has been captured by a faction of a faction. But if we’ve ever needed an independent judiciary, we need it now. If guardrails crumble and the powerful quail before Donald Trump, the high court may be one of the last — indeed, at times, the only — protectors of the Constitution.
All of which makes the latest revelations about the Court so dismaying — the inside story of how the justices adopted an ethics code that is more loophole than law.
In the past two years, ProPublica and other news outlets have revealed startling misconduct. Justice Clarence Thomas for years had his lifestyle secretly subsidized by billionaire Harlan Crow. The billionaire provided lavish vacations, paid for the education of Thomas’s surrogate son, and even bought and renovated the justice’s mother’s house (with her living in it). If this happened with state legislators in Albany or Sacramento, we’d call it corruption. Justice Samuel Alito, too, took luxury travel from yet another billionaire, also without disclosing it. Leonard Leo of the Federalist Society played matchmaker between the judges and the billionaires. ProPublica won the Pulitzer Prize for its exposés.
Public outcry was loud enough that the Court last year felt compelled to issue a first-ever code of conduct. The justices explained that this was only to clear up a “misunderstanding” by citizens. Instead of being the only judges with no ethics code, they now had the weakest.
Now The New York Times has revealed the fevered deliberations that produced this result. It reads like the doings of sneaky pols on House of Cards. Justices sent each other memos in sealed envelopes because they were so fearful of leaks. Thomas and Alito “wrote off the Court’s critics as politically motivated and unappeasable,” write Jodi Kantor and Abbie VanSickle. The liberal justices pushed for a strong code with an enforcement mechanism, such as a panel of retired judges, to no avail.
Justice Neil Gorsuch, the newspaper reported, was most vocal in opposition and judicial self-regard. “The justices’ strength was their independence, he said, and he vowed to have no part in diminishing it,” the article reports. Gorsuch wrote a long memo of complaint as the rules were being drafted.
The result was a tepid code that did little to boost public confidence. It violates a core principle: Nobody is so wise that they should be the judge in their own case. The justices decide on their own when they must “recuse,” or refrain from hearing a case. Nor must they explain why they stepped back, though some justices have begun to do that. Most important, there is no mechanism for enforcement.
So the Court has served up mush. But the story need not end there. Congress has set rules for the federal courts throughout history, as envisioned by the Constitution. Samuel Alito has waxed indignant about this. “I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court — period,” he told The Wall Street Journal. Justice Elena Kagan felt compelled to respond publicly. “It just can’t be that the Court is the only institution that somehow is not subject to checks and balances from anybody else,” she said. “We’re not imperial.”
This again shows why the Court needs fundamental reform. An 18-year term limit for justices would make the Court much more accountable. It accords with a fundamental American precept: Nobody should hold too much power for too long. It’s also widely popular. The most recent Fox News poll on the issue showed that 78 percent of respondents backed term limits — in other words, strong majorities of Republicans and independents as well as Democrats.
In recent years, congressional Republicans have been hostile to Supreme Court reform. With Congress in Republican hands for the next two years at least, there’s an opportunity to deepen support among conservatives and liberals, legal scholars, bar leaders, and others. It’s an idea whose time has come.
We need a strong, independent, principled Supreme Court. The ruling last summer granting vast criminal immunity empowers the president to law-break with impunity. Major rulings are due on vital issues — including the oral arguments today on state laws banning gender-affirming medical care for transgender minors. Civil liberties violations likely to accompany mass deportation of noncitizens will surely reach the justices. This term will test whether this is a principled Court or, as seems increasingly likely, a MAGA Court.
No, Kash Patel is not a wizard. The justices wear robes, but they aren’t either. They are powerful government officials with a duty to stand up against abuse and for the rule of law. They claim they are independent. Will they act? The backstage saga of their ethics code doesn’t augur well.
The assault by the six right-wing justices on the Chevron doctrine is an assault on everyday people, carried out on behalf of corporations and the Court’s wealthy benefactors.
Last month, the Supreme Court broke with four decades of precedent and overturned Chevron deference, a cornerstone of administrative law that has been cited by federal courts over 18,000 times. The 6-3 ruling, handed down on party lines in the cases Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce, eliminated a judicial doctrine that had long instructed federal courts to defer to federal agencies’ interpretations of ambiguous or unclear laws passed by Congress, rather than have judges act as regulatory policy-makers.
Chevron deference was established in the 1984 Supreme Court case Chevron v. Natural Resources Defense Council for two main reasons. First, because federal agencies are staffed with career civil servants and subject matter experts like scientists, researchers, and data analysts who understand the nitty-gritty details of regulatory policy-making far better than any given judge. Second was the importance of democratic accountability and the separation of powers, with Justice John Paul Stevens writing in the Chevron decision that “federal judges—who have no constituency—have a duty to respect legitimate policy choices made by those who do.”
In her blistering dissent for Loper Bright, Justice Elena Kagan excoriated the Court’s right-wing majority for “giv[ing] itself exclusive power over every open issue—no matter how expertise-driven or policy-laden—involving the meaning of regulatory law.” The Court itself had inadvertently showcased the danger of having judges act as regulatory experts a day earlier, when Justice Neil Gorsuch repeatedly confused the air pollutant nitrogen oxide with the anesthetic nitrous oxide (more commonly known as “laughing gas”).
But Chevron’s repeal is no laughing matter. Allowing unelected, lifetime-appointed federal judges to invalidate countless regulatory protections based purely on their own political preferences will open the floodgates to a corporate legal assault on crucial regulatory protections—from clean air and water, to food and drug safety, to labor and civil rights.
Curiously, Chevron was once celebrated by conservatives (including the late Antonin Scalia), as it allowed the Reagan administration to continue its industry-friendly regulatory approach unimpeded by the more liberal federal courts at the time (the DC Circuit ruling overturned by SCOTUS in Chevron was written by then-circuit judge Ruth Bader Ginsburg). But over the past decade, as Democrats regained control of the executive branch and used Chevron deference to check corporate power, conservatives have changed their tune. Aided by the GOP’s packing of the courts with Federalist Society alumni, the conservative legal movement and Big Business now see the unelected judiciary as the best long-term venue for dismantling the administrative state.
Allowing unelected, lifetime-appointed federal judges to invalidate countless regulatory protections based purely on their own political preferences will open the floodgates to a corporate legal assault on crucial regulatory protections—from clean air and water, to food and drug safety, to labor and civil rights.
Their most powerful ally in this effort has been Justice Clarence Thomas, a former supporter of Chevron doctrine whose about-face has been equally opportunistic. According to The Lever, Thomas—who wrote a landmark opinion upholding Chevron in 2005—began working to overturn the doctrine after he and his wife received lavish undisclosed gifts and financial support from wealthy conservative benefactors, including real estate mogul Harlan Crow and Federalist Society leader Leonard Leo. Records unearthed by ProPublica have also revealed that Thomas was invited to fundraising events held by fossil fuel billionaire Charles Koch, whose donor network has long sought the overturning of Chevron.
These wealthy benefactors played a hidden role in the successful overturning of Chevron this term by using the disputes about federal fishing fees in the Loper Bright and Relentless cases as stalking horses against the doctrine. Petitioners in both cases were represented pro bono by lawyers with close ties to the Koch network. In Loper Bright, herring fisherman Bill Bright was represented by three lawyers who also work for Americans for Prosperity, one of the Koch Network’s most prominent organizations. In Relentless, the petitioners were likewise represented free of charge by the New Civil Liberties Alliance (NCLA), a right-wing litigation group that has received over $5 million from Koch-affiliated organizations and $4 million from Leonard Leo’s dark money groups.
The Court’s power brokers have also used amicus curiae (“friend of the court”) briefs to engage in judicial lobbying. In Loper Bright and Relentless, we found 19 examples of this practice. Right-wing think tanks Cato Institute, Competitive Enterprise Institute, and Texas Public Policy Foundation—who all filed anti-Chevron doctrine amicus briefs in Loper Bright—have received millions in donations from Koch organizations. The Board of Trustees for the Manhattan Institute, another Koch-funded Loper Bright amicus filer, is chaired by Justice Samuel Alito’s wealthy fishing buddy Paul Singer and counts Harlan Crow’s wife Kathy among its members. Leonard Leo has similarly bankrolled several amicus filers, including the Mike Pence-led Advancing American Freedom, the anti-abortion group Students for Life of America, and (conspicuously) the recently-launched fishing industry lobby group NEFSA.
Despite these flagrant conflicts of interest, neither Justice Thomas nor Justice Alito recused themselves from Loper Bright or Relentless. In fact, the only Justice to recuse from either Chevron case was Ketanji Brown Jackson, who had participated in oral arguments for Loper Bright while serving as a circuit judge.
The devastating impact of Chevron repeal has been compounded by other radical party-line power-grabs made by the Court this term.
The Loper Bright decision is already bearing fruit for its corporate supporters. Just hours after the decision, Eastern District of Texas Judge Sean D. Jordan cited it in his decision to partially block a Department of Labor rule that would have made over 4 million workers eligible for overtime pay. Loper Bright has also been cited in at least four other legal challenges against the DOL’s protections for tipped and gig workers, as well as a new lawsuit filed by three New Jersey hospitals against HHS rules governing Medicare reimbursement. Experts at the Center for American Progress have outlined the many other regulatory protections that could be at risk post-Chevron, including fair housing and anti-discrimination rules, relief for student borrowers, the EPA’s new vehicle and power plant emissions standards, and the CFPB’s crackdown on predatory junk fees.
The devastating impact of Chevron repeal has been compounded by other radical party-line power-grabs made by the Court this term. In SEC v. Jarkesy, the conservative majority made it much harder for the federal government to prosecute white collar criminals, while also threatening the structure of many administrative agencies. And in Corner Post v. Board of Governors of the Federal Reserve System, the Justices functionally eliminated the statute of limitations for challenging new federal regulations. In her dissent for the latter, Justice Jackson warned that “the tsunami of lawsuits against agencies that the Court's holdings in this case and Loper Bright have authorized has the potential to devastate the functioning of the Federal Government.”
Of course for the right-wing, devastation is the goal. The Court’s dismantling of the administrative state follows Donald Trump’s own attempt to do so in the waning days of his presidency through the short-lived Schedule F scheme, which would have empowered the president to fire thousands of career civil servants at will and replace them with political loyalists. Though repealed by the Biden administration, restoring Schedule F remains a central plank of both Trump’s 2024 campaign and the Heritage Foundation’s Project 2025.
Corporate actors and right-wing activists are attacking the administrative state because they know how important it is for protecting the public from unchecked corporate power.
If nothing else, the end of Chevron should end debate among court-watchers as to whether any of the Roberts Court’s six conservative members (including Loper Bright author John Roberts himself) are “moderate.” Loper Bright is one more example in a series of landmark rulings— including Citizens United v. FEC, Janus v. AFSCME, Dobbs v. Jackson Women’s Health, and the recent Trump v. United States—which reveal what John Roberts and his Court actually care about. They have no regard for long-held precedent or for the rule of law, only far-reaching power-grabs that benefit the Federalist Society and Big Business. Their flagrant disregard for judicial ethics and the separation of powers should compel Congress to rein in the Court’s unchecked power by codifying Chevron deference into law, enacting a binding and enforceable Supreme Court ethics code, impeaching Justices Thomas and Alito, and expanding the Supreme Court.
Corporate actors and right-wing activists are attacking the administrative state because they know how important it is for protecting the public from unchecked corporate power. So long as the Supreme Court retains its corrupt right-wing majority, the future looks bright for Big Business. For the rest of us, the Court’s relentless power-grabs will make everyday life much worse.