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Official Statement on Moore v. Harper and Our Commitment to the Power of the Individual Voter
Yesterday, in a 6-3 decision, the Supreme Court protected the system of checks and balances that is foundational to our democracy. This ruling acknowledges the critical role state judiciaries play in upholding voters’ constitutional rights. It reinforces that the legislature cannot grant itself exclusive control over federal elections, especially at the expense of voters. As the members and leaders of Mormon Women for Ethical Government, we are relieved that the court rejected the state legislature’s claim to unchecked influence over federal elections. In Moore v. Harper, the Court relied on 200 years of precedent, determining that state legislatures do not have sole authority over federal elections. Instead, they are subject…
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Returning to the Supreme Court: Trump v. Vance and Questions of Presidential Immunity
In July, the Supreme Court issued a decision — Trump v. Vance — on the topic of presidential immunity. In it, a 7-2 vote by the Supreme Court affirmed the long-recognized principle that a sitting president is not above the law but is subject to investigation for criminal conduct and the demand for subpoenas in such an investigation. The Court did leave open the possibility of contesting the subpoenas on more specific terms, which President Trump has done. A lower court ruling was issued on this on October 6, 2020, and the case may return to the Supreme Court. This article will provide a summary of the Supreme Court opinions…
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Official Statement from Mormon Women for Ethical Government on the Passing of Supreme Court Justice Ruth Bader Ginsburg
Ruth Bader Ginsburg spent her career fighting to ensure that the American reality aligned more closely with its governing constitutional ideals. As a women’s organization, we recognize that her lifetime of advocacy made our work possible; her methodical and determined fight for equality and justice expanded our opportunities. In this moment of tension and crisis, we most particularly mourn the loss of a public servant who understood democratic norms and made deep personal sacrifices to defend them, even as cancer ravaged her body. She was consistent in her defense of institutions and worked within them to achieve change. She once said, “We care about this institution more than our individual…
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The Supreme Court’s Ruling on DACA: Adherence to Process Matters in the Law
The Supreme Court ruled on June 18 that the president did not end Deferred Action for Childhood Arrivals (DACA) in a lawful manner. This ruling does not permanently protect the DACA program, as the main point in the ruling is that the president did not follow the proper legal process to end DACA. In short, adhering to correct processes matters. While the decision is good news for Dreamers and the majority of Americans who support DACA, the struggle is not at an end. The office of the U.S. Citizenship and Immigration Services has indicated the president will continue his attempts to rescind DACA, this time attempting to do so with…
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Constitutional Literacy: Supreme Court Cases on Presidential Immunity
On Tuesday, May 12, 2020, the Supreme Court heard arguments for three related cases regarding the release of President Trump’s financial records, including tax returns. In the short-term, these cases will decide whether third parties who hold Trump’s financial records are required to release them to investigators in response to congressional and grand jury subpoenas. In the longer-term, these cases will define the contours of presidential immunity from congressional and criminal investigation. In reading about these cases and considering the rulings when they come out, it is important to remember that when deciding constitutional cases, the Supreme Court must consider not only the specific facts of the case presented —…
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Official Statement from Mormon Women for Ethical Government on Judiciary Independence
One of the basic institutions of our democracy is an independent judiciary — one that is free from external pressure and political threats that arise from the other co-branches of government. Keeping distance between branches creates and instills trust in the judiciary by assuring each individual access to a fair and uninfluenced judicial system. In the past two weeks we have seen attacks on the judiciary from both the executive branch and the legislative branch of our government. In late February President Trump called on Supreme Court Justices Ginsburg and Sotomayor to recuse themselves from anything ‘Trump-related.’ This aberrant request from the president came as the Supreme Court was to…
