Recently, some on the right have supported Vice President Harris as the only way to save democracy. Relatedly, David French said he was “trying to save conservatism” by voting for Harris. French’s article made no mention of Sen. Schumer’s nuclear bill, which would effectively overrule the statute and strip the Supreme Court of its jurisdiction to review the law. In an interview, French asked Justice Gorsuch about the “reform” of the Supreme Court, but this question obviously did not move French. I believe the only way to save democracy is to destroy the independence of the Supreme Court.
Perhaps if French comes out and says we should elect Harris but leave Congress in Republican hands, it will prevent Supreme Court “reform”, at least for a few years. But supporting Harris, without commenting on the state of Congress, all but ensures that the filibuster will be destroyed and jurisdiction stripping and/or court packing will pass. The American Bar Association has recently approved a series of “democratic” reforms, but as far as I know it has been silent on stripping jurisdiction. As Justice Thomas often repeated, we will regret the weakening of the last independent branch of government.
At this point, Harris served as California’s attorney general for about six years before becoming a senator. By my count, she has signed about fifty Supreme Court briefs—including certification-phase briefs, merit-phase briefs, and amicus briefs. Rarely has a presidential candidate had such a detailed record of the Constitution. I thought it would be useful to go through these briefs to provide an overview of how President Harris views the Constitution and the courts.
2016
- Add blue state amicus brief to Whole Woman’s Health v. Cole (abortion)
- Led Blue State Friends brief in Zubik v. Burwell (contraceptive mandate)
- Led blue state amicus brief in Moore v. Wisconsin (Taking Clause)
- Added Blue State Friend brief in Czyzewski v. Jevic Holding Corp. (bankrptucy)
2015
- Adding Blue State Friends brief in Arizona State Legislature v. Arizona Independent Redistricting Commission (Redistricting)
- Added blue-state amicus brief in King v. Burwell (ACA “pure applesauce” and “jiggery-pokery”)
- Davis v. Ayala (Habeas Corpus) Briefs
- Blue State Friends brief in Michigan v. Environmental Protection Agency (Clean Air Act)
- Adding blue-state amicus brief in Obergefell v. Hodges (same-sex marriage)
- Briefs in Friedrichs v. California Teachers Association (Union Dues)
- Adding Blue State Friends brief in Evenwel v Abbott (redistricting) case
- Separate amicus brief in Fisher v. University of Texas (Affirmative Action)
- Adding Blue State Friend Brief to United States v. Texas (DAPA)
2014
- Joining Friends of Blue States brief in Utility Air Regulatory Group v. Environmental Protection Agency (Clean Air Act)
- Led Blue State Friends brief in Sebelius v. Hobby Lobby Stores, Inc. (contraception mandate)
- Briefs in Riley v. California (Search Cell Phones)
- Amicus Briefs in Armstrong v. Center for Special Children, Inc. (Medicaid Private Cause of Action)
- Adding red state and blue state amicus briefs (confrontation clause) in Ohio v. Clark
- Led red and blue state amicus briefs in City of Los Angeles v. Patel (warrantless search)
- Joining Blue State Friends brief in Texas Department of Housing and Community Affairs v. Inclusive Communities Planning, Inc. (Fair Housing Act and Disparate Impact)
2013
- Red state and blue state amicus briefs in Maryland v. King (DNA testing)
- Adding (Most) Blue State Friend Briefs to FTC v. Watson Pharmaceuticals, Inc. (Patent)
- Participated in the Blue State Friend Brief in Shelby County v. Holder (Voting Rights Act), Alabama
- Hollingsworth v. Perry (Same-Sex Marriage) Briefs
- Blue State Friend brief included in United States v. Windsor (Defense of Marriage Act) case
- Led Friends of the Blue States brief in American Trucking Associations v. City of Los Angeles (Preemption)
- Blue state amicus brief added to Adopting Couple v. Infant Girl (ICWA) case
- Led the (mostly) blue state amicus brief in Kansas v. Cheever (self-incrimination)
- Adding red state and blue state amicus briefs in Burt v. Titlow (ineffective assistance of counsel)
- Adding red state and blue state amicus briefs (parens patriae) in Mississippi v. AU Optronics Co.
- Served as blue state amicus brief in Schuette v. Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality by Any Meaning (amendment to state constitution prohibiting affirmative action)
- Led the Blue State Friends brief in Northwest, Inc. v. Ginsberg (ADA)
- Brown v. Plata (Prison Overcrowding) Briefs
- Fernandez v. California Briefs (Search Without Warrant)
- Added Blue State Friends brief in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. (housing discrimination)
- Add blue state amicus brief in McCarran v. Coakley (abortion buffer zone)
- Navarrete v. California Briefs (Vehicle Search)
- Led the Blue State Friends brief in Harris v. Quinn (mandatory union dues)
2012
- Join Blue State Friends in HHS v. Florida (Constitutionality of the Individual Mandate)
- Blue state amicus brief in NFIB v. Sebelius (severability of personal mandate)
- Join Blue State Friends in Magner v. Gallagher (Fair Housing Act and Disparate Impact)
- Adding blue states amicus brief to Arizona v. United States of America (Immigration, SB 1070)
- Johnson v. Williams (Federal Habeas Corpus) Briefs
- Fisher v. Sole Friend of the University of Texas at Austin (Affirmative Action)
- Adding Blue State Friends brief in Federal Trade Commission v. Phoebe Putney Health System, Inc. (Eleventh Amendment)
- In Koontz v. St. Johns River Water Management District, (mostly) blue states held amicus briefs (extortion and monetary payments)
2011
- Led blue and red state amicus briefs in Bullcoming v. New Mexico (confrontation clause)
- Inclusion of Blue and Red State Amicus Briefs in Davis v. United States (Exclusionary Rule)
- Joining Blue State and Red State Amicus Briefs in PLIVA, Inc. v. Mensing (Drug Labeling)
- Adding a Blue States Friend brief in American Electric Power Co. v. Connecticut (Clean Air Act)
- Briefs in Douglas v. Independent Living Centers of Southern California, Inc. (Medicaid Cause of Action)
- Briefs in Martel v. Clare (Ineffective Assistance in Capital Habeas Cases)
- Adding a Blue State Friend Brief (Case or Dispute Requirement) in First American Financial Corp. v. Edwards
- Adding Blue and Red State Amicus Briefs in Williams v. Illinois (Confrontation Clause)
- Joining Blue and Red State Amicus Briefs in PPL Montana, LLC v. State of Montana (Navigable Waters)
- Added Blue State Friend brief in Freeman v. Quicken Loans, Inc. (RESPA)
(I may have made a few mistakes here and there, but I think my list is mostly complete.)
All in all, Harris filed a pro-life brief (women’s overall health), anti-abortion demonstrators against clinics (McAllen v. Coakley), supporting private employers’ contraceptive mandates (hobby lobby) and religious non-profit organizations (Zubik/little sister of the poor), opposed immigration-related cases involving Arizona and Texas, and favored mandatory payment of union dues (Harris and Friedrichs), opposed to representing interveners in Proposition 8 cases (hollingsworth), favors the constitutional right to same-sex marriage (Obergefell and windsor), two challenges to the Affordable Care Act (NFIB and king), favors widespread reading of the Clean Air Act (Michigan and acute evoked potential), supports affirmative action policies (Fisher and Schuette), in favor of widespread enforcement of disparate impact litigation (Inclusive Communities, Mount Holly, and Magna), and supports the outdated Voting Rights Act coverage formula (shelby county). I didn’t read her brief in the Ninth Circuit and the California court system, so I’m sure I missed more. You can also see the various questions she asked Judges Gorsuch, Kavanaugh, and Barrett during their confirmation hearings.
I have a hard time seeing how putting Harris in the White House would “save conservatism,” given what we know.
