Opinion | How Progressive States Can Respond to Conservative Courts - The New York Times - 0 views
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Trump made explicit that he wants “his” judges, and the 6-to-3 conservative majority on the court, to achieve what he could not through Congress, including eliminating health care for millions and undermining what remains of the Voting Rights Act.
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But if progressives are going to have fewer victories in federal courts, then we need to think about what that means for states, too.
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First, state elected officials must be ready to respond quickly to, or act in advance of, rulings from the Supreme Court. If, for example, the Affordable Care Act is weakened or struck down, Democratic state legislatures should have bills drafted to introduce that day to protect people who will lose coverage.
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The new court may also make it easier for companies to degrade the environment, and harder for government agencies to address racism. Here too, states can step in with policies and laws to patch holes ripped open by the court. They can take aggressive action when it comes to protecting our air, reforming policing, expanding civil rights and more.
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Second, state officials, especially attorneys general, must enforce those newly enacted laws and existing protections in state courts. Because federal enforcement actions will face hostility from the federal bench, states will need to be vigilant and aggressive.
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For example, if the Supreme Court further constrains the Consumer Financial Protection Bureau, states can go after corporations for violations of state securities and consumer protection statutes.
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The third prong of the plan rests on progressive advocacy groups and lawyers outside government to litigate rights enshrined in state constitutions. This will be particularly important in states where leaders hew to a conservative agenda.
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The final part of this plan applies to all progressives: In a conservative legal environment, we need to rethink the arguments we make and the language we use. The positions that conservatives have been taking for years can sometimes serve progressive aims.
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Of course, Washington will have a key role to play, and our proposals will work best in the states that already have strong progressive traditions; it will take time for state-level victories to catch on elsewhere.