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| Civil rights in the era of Trump: courts will be a 'bulwark', say leaders Civil rights in the era of Trump: courts will be a 'bulwark', say leaders | |
| (about 4 hours later) | |
| In the waning hours of Barack Obama’s presidency, the Center for Constitutional Rights (CCR) will argue a case before the supreme court that could have a tremendous impact on civil rights in the US under president Trump. | In the waning hours of Barack Obama’s presidency, the Center for Constitutional Rights (CCR) will argue a case before the supreme court that could have a tremendous impact on civil rights in the US under president Trump. |
| The case, Ziglar vs Abbasi, dates to 2002 and hinges on whether high level Bush administration officials can be held personally liable for alleged constitutional violations against Middle Eastern men. | The case, Ziglar vs Abbasi, dates to 2002 and hinges on whether high level Bush administration officials can be held personally liable for alleged constitutional violations against Middle Eastern men. |
| While legal defense groups like CCR are no stranger to bringing suits like this against administrations across the ideological spectrum, one thing is becoming evident as civil rights advocates prepare for the Trump era. Litigation like this will become a far more critical strategy for protecting and expanding civil rights without a sympathetic ear at 1600 Pennsylvania Avenue. | While legal defense groups like CCR are no stranger to bringing suits like this against administrations across the ideological spectrum, one thing is becoming evident as civil rights advocates prepare for the Trump era. Litigation like this will become a far more critical strategy for protecting and expanding civil rights without a sympathetic ear at 1600 Pennsylvania Avenue. |
| “It’s pretty clear to us that we’re going to have to think about new engagement strategies with the Trump administration,” said Vince Warren, executive director of CCR. “In the Obama administration there were opportunities to engage through dialog, and that was in addition to litigation. But the opportunities to engage in dialogue with the Trump administration appear next to nothing.” | “It’s pretty clear to us that we’re going to have to think about new engagement strategies with the Trump administration,” said Vince Warren, executive director of CCR. “In the Obama administration there were opportunities to engage through dialog, and that was in addition to litigation. But the opportunities to engage in dialogue with the Trump administration appear next to nothing.” |
| ACLU president Anthony Romero called the courts “an important bulwark” in the Trump era, and looks to the project of relentless litigation with a note of cautious optimism. “Since so much of what Trump proposes is patently unconstitutional ... even conservative judges are likely to rule in our favor or least preserve the status quo,” Romero said. | ACLU president Anthony Romero called the courts “an important bulwark” in the Trump era, and looks to the project of relentless litigation with a note of cautious optimism. “Since so much of what Trump proposes is patently unconstitutional ... even conservative judges are likely to rule in our favor or least preserve the status quo,” Romero said. |
| While advocates called it premature to describe exactly what those fights will look like, they’re starting to tee up the long list of issues they’ll have to address. For the ACLU, the list includes protecting “Dreamers”, and rallying against challenges to women’s reproductive rights. For a coalition of more than 40 constitutional law professors who issued an open letter to Trump, they’ve flagged threats against free expression and the unseemly prospect of a Muslim registry. | While advocates called it premature to describe exactly what those fights will look like, they’re starting to tee up the long list of issues they’ll have to address. For the ACLU, the list includes protecting “Dreamers”, and rallying against challenges to women’s reproductive rights. For a coalition of more than 40 constitutional law professors who issued an open letter to Trump, they’ve flagged threats against free expression and the unseemly prospect of a Muslim registry. |
| Other groups like the NAACP Legal Defense Fund (LDF) are strategizing how they might litigate against someone like Alabama senator Jeff Sessions, Trump’s nominee to be the next attorney general. | Other groups like the NAACP Legal Defense Fund (LDF) are strategizing how they might litigate against someone like Alabama senator Jeff Sessions, Trump’s nominee to be the next attorney general. |
| Where Obama has called the NAACP LDF “the best civil rights law firm in American history”, Sessions allegedly once called the NAACP un-American and accused it and other black civil rights organizations of “teaching anti-American values”. | Where Obama has called the NAACP LDF “the best civil rights law firm in American history”, Sessions allegedly once called the NAACP un-American and accused it and other black civil rights organizations of “teaching anti-American values”. |
| Raymond Audain, senior counsel at the LDF told the Guardian that “given his record it’s impossible the imagine that a DoJ lead by Jeff Sessions would be the kind of partner that we as civil right activists have experienced” in recent years. | Raymond Audain, senior counsel at the LDF told the Guardian that “given his record it’s impossible the imagine that a DoJ lead by Jeff Sessions would be the kind of partner that we as civil right activists have experienced” in recent years. |
| It’s going to be a change. For eight years, progressive civil rights activists and organizations like CCR, Amnesty International, the ACLU and the NAACP LDF have tussled with an Obama administration generally seen as at least receptive to their ideas, even through bitter disputes and disagreements. | It’s going to be a change. For eight years, progressive civil rights activists and organizations like CCR, Amnesty International, the ACLU and the NAACP LDF have tussled with an Obama administration generally seen as at least receptive to their ideas, even through bitter disputes and disagreements. |
| “Civil rights organizations have to reconfigure how they approach justice,” Warren said. “It’s now an emergency room rather than a teaching hospital. We don’t know exactly what’s going to come through the door but we have enough sense to predict some of the areas and we’re preparing to be as flexible and adaptable as possible.” | “Civil rights organizations have to reconfigure how they approach justice,” Warren said. “It’s now an emergency room rather than a teaching hospital. We don’t know exactly what’s going to come through the door but we have enough sense to predict some of the areas and we’re preparing to be as flexible and adaptable as possible.” |
| Throughout his two terms many progressive causes dedicated themselves to pushing Obama “from the left”, something the president himself frequently even encouraged. “I do a better job as president because I’m subject to that accountability,” Obama said of activist pressures earlier this year in Vietnam. This was especially true on issues of national security which tended to provoke the largest discord between progressive activists and the, to many observers, disappointingly hawkish administration. | Throughout his two terms many progressive causes dedicated themselves to pushing Obama “from the left”, something the president himself frequently even encouraged. “I do a better job as president because I’m subject to that accountability,” Obama said of activist pressures earlier this year in Vietnam. This was especially true on issues of national security which tended to provoke the largest discord between progressive activists and the, to many observers, disappointingly hawkish administration. |
| Amnesty International suggested that the administration had picked up “where its predecessor left off”, on issues of torture referring to the maligned anti-terror strategies of the Bush presidency. | Amnesty International suggested that the administration had picked up “where its predecessor left off”, on issues of torture referring to the maligned anti-terror strategies of the Bush presidency. |
| If he makes good on the promises he’s made, he stands a chance of being the worse American president on civil liberties | If he makes good on the promises he’s made, he stands a chance of being the worse American president on civil liberties |
| But on other issues, especially domestic ones where race was central, it was a often a different story. The DoJ civil rights division, for example, “was trying to be the best ally that it could given all of the constraints that government can impose on civil right work,” Warren said. “It was aspiring to be better and more useful that it had been in previous administrations.” | But on other issues, especially domestic ones where race was central, it was a often a different story. The DoJ civil rights division, for example, “was trying to be the best ally that it could given all of the constraints that government can impose on civil right work,” Warren said. “It was aspiring to be better and more useful that it had been in previous administrations.” |
| Warren credits that attitude to Obama appointees like Tom Perez, the current secretary of labor who began his tenure in the Obama campaign as head of civil rights, and Vanita Gupta, who replaced him and has held that position since 2014.Before being appointed to the DoJ, Gupta had worked in leadership roles at both the ACLU and the NAACP Legal Defense Fund. Such a pedigree is unlikely in her successor, especially if Sessions is confirmed as the next attorney general. | Warren credits that attitude to Obama appointees like Tom Perez, the current secretary of labor who began his tenure in the Obama campaign as head of civil rights, and Vanita Gupta, who replaced him and has held that position since 2014.Before being appointed to the DoJ, Gupta had worked in leadership roles at both the ACLU and the NAACP Legal Defense Fund. Such a pedigree is unlikely in her successor, especially if Sessions is confirmed as the next attorney general. |
| “It’s a complete swing of the pendulum,” Romero said. “Where the federal agencies have been allies and proponents of change, now they become the adversaries to civil rights and civil liberties.” | “It’s a complete swing of the pendulum,” Romero said. “Where the federal agencies have been allies and proponents of change, now they become the adversaries to civil rights and civil liberties.” |
| The Ziglar case, scheduled for three days before Trump’s inauguration, harkens back to a time in 2002 when civil rights organizations generally operated in a similarly adversarial relationship with the White House. | The Ziglar case, scheduled for three days before Trump’s inauguration, harkens back to a time in 2002 when civil rights organizations generally operated in a similarly adversarial relationship with the White House. |
| It traces back to the roundup and detention of thousands of Middle Eastern men by federal officials in the immediate aftermath of the 911 terror attacks. The primary question the court is being asked to consider: whether or not the high level federal officials who shaped and executed those policies can be held personally liable for authorizing constitutional violations. But the case has also taken on new salience for civil rights advocates, with the prospect of an incoming Trump administration that throughout its campaign flirted with a host of potentially unconstitutional ideas. | It traces back to the roundup and detention of thousands of Middle Eastern men by federal officials in the immediate aftermath of the 911 terror attacks. The primary question the court is being asked to consider: whether or not the high level federal officials who shaped and executed those policies can be held personally liable for authorizing constitutional violations. But the case has also taken on new salience for civil rights advocates, with the prospect of an incoming Trump administration that throughout its campaign flirted with a host of potentially unconstitutional ideas. |
| “Government officials cannot be allowed to violate the constitution with impunity,” said Center for Constitutional Rights senior staff attorney Rachel Meeropol. | “Government officials cannot be allowed to violate the constitution with impunity,” said Center for Constitutional Rights senior staff attorney Rachel Meeropol. |
| Former attorney general John Ashcroft and former immigration and naturalization commissioner James Ziglar are among those currently attempting to shield themselves from liability. | Former attorney general John Ashcroft and former immigration and naturalization commissioner James Ziglar are among those currently attempting to shield themselves from liability. |
| “With president-elect Trump touting registration for Muslim immigrants, the deportation of millions, and a return to waterboarding and ‘a hell of a lot worse,’ nothing could be more important than ensuring that no one is above the law,” Meeropol added. | “With president-elect Trump touting registration for Muslim immigrants, the deportation of millions, and a return to waterboarding and ‘a hell of a lot worse,’ nothing could be more important than ensuring that no one is above the law,” Meeropol added. |
| And for activists throughout the civil rights community, this realization is seemingly becoming gospel. “The election has caused us to re-focus to ensure that Trump’s hateful rhetoric used during his campaign will not become reality,” said Amnesty International executive director Margaret Huang. “We are pressing the Obama administration to follow through on efforts like the promise to close Guantanamo before Trump takes office,” she added – even though Amnesty has been pushing Obama on issues of detention and torture for eight years. A late push in the eleventh hour of Obama seems more hopeful than one when Trump takes hold of the reigns. | And for activists throughout the civil rights community, this realization is seemingly becoming gospel. “The election has caused us to re-focus to ensure that Trump’s hateful rhetoric used during his campaign will not become reality,” said Amnesty International executive director Margaret Huang. “We are pressing the Obama administration to follow through on efforts like the promise to close Guantanamo before Trump takes office,” she added – even though Amnesty has been pushing Obama on issues of detention and torture for eight years. A late push in the eleventh hour of Obama seems more hopeful than one when Trump takes hold of the reigns. |
| “If he makes good on the promises he’s made, he stands a chance of being the worse American president on civil liberties and there are many who could fight for that honor,” Romero said. | “If he makes good on the promises he’s made, he stands a chance of being the worse American president on civil liberties and there are many who could fight for that honor,” Romero said. |