Federal Courts

Senate confirms Amy Coney Barrett to fill Justice Ginsburg’s seat

On October 26, the Senate confirmed Amy Coney Barrett to the Supreme Court in a 52-48 vote. She was immediately sworn in at the White House and began her term as an Associate Justice on the Supreme Court the next day — all of this happening one week before the election and with more than 60 million ballots already cast at the time of her swearing in. This nomination process was rife with procedural anomalies, ranging from breaking the rules of the Senate Judiciary Committee twice to rushing confirmation so close to an election and against a backdrop of a pandemic that has left over 228,000 people dead without taking proper time to fully examine the nominee’s background and qualifications. NCJW’s 180,000 advocates dissent to the confirmation of Judge Barrett, to the process through which she was confirmed, and to a Senate that refuses to prioritize the American people. We will honor Justice Ginsburg’s dying wish by continuing to work to advance and protect the rights of women, children, and families and to ensure a fair, independent, and qualified judiciary that will protect the rights of all Americans.

Battleground state of Pennsylvania in the courts

On October 23, the Supreme Court of Pennsylvania ruled unanimously that mail-in ballots can’t be excluded from counting due to mismatched signatures. A 2019 Pennsylvania law greatly expanded vote-by-mail in the state. Due to the COVID-19 pandemic, requests for mail-in ballots surged in the Keystone state and more than 1.5 million Pennsylvanians have already returned their ballots. The Pennsylvania Supreme Court ruling is a victory for voting rights activists who argue that ballots rejected by cause of signature disproportionately impact young voters and people of color. And, on October 28, the US Supreme Court refused to hear a request from Pennsylvania Republicans to block the three-day deadline extension for receiving absentee ballots. Relatedly, the Court also let stand lower court rulings that allowed North Carolina’s board of elections to extend the deadline to nine days after Election Day. NCJW supports easy and equitable access to the ballot box and legislation that would modernize our election systems and make it easier to register and cast a ballot.

Supreme Court rules Wisconsin can’t count mail-in ballots received after election day

In a 5-3 decision on October 26, the Court ruled that ballots in Wisconsin that are postmarked by Election Day but arrive after should be thrown out. Justice Kavanaugh cited Bush v. Gore in his decision justifying the ruling. Justices Kavanaugh, Roberts, and Barrett each served on George W. Bush’s legal team in the Florida 2000 recount and worked to ensure that only Republican votes were counted, calling into question the Court’s impartiality on election-related cases. Justice Kavanaugh’s concurring opinion is extremely troubling as it appears to support President Trump’s pronouncements of a potentially rigged election by allowing ballots to be counted after the November 3 deadline. NCJW believes that in a pandemic, voting should be easier and more accessible, with extended deadlines to ensure every vote is counted.

Supreme Court weighs next battle over abortion rights & access

On October 22, Mississippi Attorney General Lynn Fitch filed a supplemental brief with the Supreme Court, once again petitioning the justices to consider the state’s 15-week abortion ban. The case — Dobbs v. Jackson Women’s Health Organization — began when the Center for Reproductive Rights filed a complaint and requested a temporary restraining order blocking the law banning all abortions after 15 weeks hours after the governor signed it into law on March 19, 2018. Both the US District Court for the Southern District of Mississippi and the Fifth Circuit Court of Appeals struck down the law as unconstitutional, the latter noting that “[i]n an unbroken line dating to Roe v. Wade, the Supreme Court’s abortion cases have established (and affirmed, and re-affirmed) a woman’s right to choose an abortion before viability.”

Following Mississippi’s initial request that the Supreme Court review these decisions in June 2020, the justices have rescheduled consideration of whether to take up the case three times. Now, the state argues that this case not only presents a direct challenge to Roe but is also an opportunity for the Court to clarify its June 2020 decision in June Medical Services v. Russo. Lower courts are divided on how to interpret this precedent because, rather than joining Justice Breyer’s opinion for the Court, Chief Justice John Roberts wrote a separate concurrence maintaining that 2016’s Whole Woman’s Health v. Hellerstedt was wrongfully decided; he also insisted that courts need not balance the supposed benefits of the law with the burdens it imposed on those seeking abortion care and can instead apply a less stringent standard of review. The Court has announced that it will consider Mississippi’s petition during its conference on Friday, October 30, and typically releases orders on the following Monday, meaning that we could learn whether the Court will hear the case this term on November 2. We need a federal statute with clear guidance to states and courts to ensure that people in every state have access to abortion care. NCJW supports the Women’s Health Protection Act (WHPA, HR 2975/S 1645) as a means to this end.

• Take Action! Sign our petition and use NCJW’s Action Alert to urge your lawmakers to pass WHPA.

Unqualified nominee awaits vote by full Senate 

Kathryn Kimball Mizelle, nominated to the US District Court for the Middle District of Florida, is awaiting a full Senate vote. On October 22, Chairman Lindsey Graham (R-SC) broke committee rules, for the second time that week, in order to hold a Senate Judiciary Committee vote to refer her out of committee. Mizelle graduated from law school only eight years ago, spent four years clerking, and has experience in only two trial cases — neither at the senior level. The American Bar Association found Mizelle “Not Qualified” for a lifetime appointment, directly citing her lack of meaningful experience. Furthermore, Mizelle has deep ties to some of the nation’s most conservative legal voices — having spent three years on the DC Young Lawyers Chapter Steering Committee of the Federalist Society, an ultraconservative legal group. NCJW believes Mizelle lacks the proper experience required for a lifetime appointment and strongly opposes her nomination.

• Take Action! Urge your senators to oppose Mizelle.

Extreme nominee awaits vote for lifetime appointment

Toby Crouse, nominated to the United States District Court for the District of Kansas, is currently awaiting a vote by the full Senate. Since 2018, Crouse has served as Kansas Solicitor General and proved to be a highly partisan opponent of many important rights — reproductive, voting, and workers, among others. On behalf of the state of Kansas, he urged the Supreme Court to review a case defunding Planned Parenthood, a case that the Tenth Circuit disagreed with and the Supreme Court declined to hear. In private practice, Crouse defended the infamous Kansas Secretary of State Kris Kobach in a case challenging his redistricting plan. Later, as Solicitor General, Crouse supported other restrictive voting laws. He also joined amicus briefs in anti-immigration, anti-worker, anti-gun safety, and other cases challenging fundamental rights. NCJW opposes the nomination of Toby Crouse given his extreme views on issues impacting women, children, and families.

• Take Action! Tell the Senate to oppose the nomination of Toby Crouse.

Federal Courts

Courts matter to voting rights

On October 19, the US Supreme Court upheld a ruling from the Pennsylvania Supreme Court requiring election officials to count mail-in ballots received up to three days after Election Day. All Pennsylvania ballots mailed prior to Election Day will now be counted, regardless of the absence of a clear postmark. The 4-4 decision is a victory for voting rights activists and comes in the wake of widespread concerns over possible postal service delays. Chief Justice John Roberts joined Justices Sonia Sotomayor, Elena Kagan, and Stephen Breyer to uphold the ruling.

On the other hand, the Court on October 21 blocked curbside voting in Alabama in a vote of 5-3. While a lower court had concluded that the “ban impose[d] a significant burden on vulnerable voters during the Covid-19 pandemic,” the Court sided with the Alabama Secretary of State who had ordered county officials not to offer curbside voting despite the fact that state law neither provides for nor forbids it. Justice Sonia Sotomayor authored a dissent joined by Justices Stephen Breyer and Elena Kagan, noting that the lower court’s order did not “require all counties to adopt curbside voting; it simply [gave] prepared counties the option to do so. This remedy respects both the right of voters with disabilities to vote safely and the state’s interest in orderly elections.” Since our founding, NCJW has worked to promote voting rights and supports policies that ensure easy and equitable access to the ballot box.

• Take Action! Click here to access helpful resources and ways to take action to ensure that EVERYONE has access to the polls.

SCOTUS to review Trump immigration policies

On October 19, the Supreme Court announced that it would take up two major cases surrounding the Trump administration’s unconscionable immigration policies. In 2019, the Sierra Club and the Southern Border Communities Coalition sued the Trump administration to stop the construction of a massive border wall along the US-Mexico border. They cited the federal government’s lack of authority to spend more on the wall than Congress had allocated for border security, highlighting funds being diverted from the Department of Defense budget. In a 5-4 vote, the Supreme Court in 2019 allowed the funds to be used while the case continued and, in 2020, the Court rejected a request to stop construction altogether while appeals continued. Now, the Court will hear Trump v. Sierra Club, a case brought by the Trump administration asserting that the parties did not have the right to bring the lawsuit and that the transfer of funds did not violate federal funding laws.

The second case, Wolf v. Innovation Law Lab, centers upon Trump administration policy — officially known as Migrant Protection Protocols (MPP) but more commonly referred to as Remain in Mexico — which requires asylum seekers from Central America who travel through Mexico on their way to the US to stay in Mexico during their asylum proceedings. Since the policy was put in place, more than 60,000 people have been forced to wait in dangerous Mexican border communities despite overwhelming evidence that this policy has resulted in barriers to legal representation at best, and kidnappings, torture, trafficking, sexual assaults, and murders at worst. Lower courts, including the Ninth Circuit Court of Appeals, originally blocked the policy but, in March, the Supreme Court allowed the government to continue enforcement while its appeals moved forward.

However, with the onset of the COVID pandemic, the administration began citing public health concerns when turning away asylum seekers, often returning them within hours to Mexico without even providing the opportunity to go through the application process. Eleven asylum seekers from Central America, represented by the ACLU, urged the Supreme Court to deny review in the case given that this effective closure of the border to asylum seekers during the pandemic has rendered the dispute moot for the time being. NCJW supports comprehensive, humane, and equitable immigration, refugee, and asylum laws, policies, and practices and will be watching these cases closely.

2020 Census returns to SCOTUS

The 2020 Census has been before the Supreme Court several times in recent years. In 2019, the Court ruled in Department of Commerce v. New York that the Commerce Secretary’s decision to add a citizenship question to the 2020 Census was subject to administrative review, eventually leading the White House to drop its insistence on adding the question. In October 2020, the Court allowed the Department of Commerce, which conducts the constitutionally-mandated enumeration every ten years, to end the Census early on October 15. On November 30, 2020, the Census will be before the Court again as the justices must now decide whether President Trump can exclude undocumented residents from the count used to apportion congressional districts in all 50 states. The president asked the Commerce Department to subtract undocumented residents from the count provided to the White House at the end of the year and, since there was no citizenship question, to use other data sources to do so. Municipalities and others have sued, arguing that the Fourteenth Amendment requires “the counting of the whole number of persons in each state.” The Supreme Court will determine whether the Executive Branch has the discretion to determine who counts as an inhabitant — a decision that could change the balance of power in Congress by moving House of Representatives seats to less diverse states. NCJW rejects the president’s efforts to treat undocumented immigrants as though they are less-than other members of our community and will be watching this case closely.

Courts matter to abortion rights and access

On October 16, the Sixth Circuit Court of Appeals upheld a Kentucky law forcing abortion clinics to obtain transfer agreements with local hospitals. This legislation is very similar to admitting privileges laws previously struck down by the Supreme Court in Whole Woman’s Health v. Hellerstedt and June Medical Services v. Russo; under the guise of “protecting women’s health,” these measures supposedly aim to ensure that abortion providers can admit or transfer patients to a hospital if necessary. However, abortion is one of the safest outpatient medical procedures and major complications are incredibly rare, occurring but a fraction of 1 percent of the time. In reality, these deceitful laws are designed for one purpose only: to shut down clinics, so even as Roe v. Wade remains the law of the land, accessing abortion care would be impossible for many.

The district court had deemed the transfer agreement requirement unconstitutional, concluding that “the scant medical benefits from transfer and transport agreements are far outweighed by the burden.” Unfortunately, the Sixth Circuit, citing Chief Justice John Roberts’ concurring opinion in June Medical Services, determined that the court need not balance the supposed benefits of the law with the burdens it imposed on those seeking abortion care and instead applied a less stringent standard of review. Once again, this decision confirms what many abortion rights advocates feared: that anti-abortion politicians and judges would exploit that lack of a clear majority in June Medical Services to enact and uphold a wide range of bans and restrictions. We need a federal statute with clear guidance to states and courts to ensure that people in every state have access to abortion care. NCJW supports the Women’s Health Protection Act (WHPA, HR 2975/S 1645) as a means to this end.

• Take Action! Sign our petition and use NCJW’s Action Alert to urge your lawmakers to pass WHPA.

Unqualified nominee referred out of committee

On October 22, the Senate Judiciary Committee referred the nomination of Kathryn Kimball Mizelle to the US District Court for the Middle District of Florida to the full Senate. In doing so, Chairman Lindsey Graham (R-SC) broke committee rules, for the second time in a single week, requiring at least two members of the minority party be present in order to hold a vote. Mizelle graduated from law school only eight years ago, spent four years clerking, and has experience in only two trial cases — neither at the senior level. Moreover, the American Bar Association found Mizelle “Not Qualified” for a lifetime appointment, directly citing her lack of meaningful experience. NCJW believes Mizelle lacks the proper experience required for a lifetime appointment and strongly opposes her nomination.

• Take Action! Urge your senators to oppose Mizelle.

Human Needs

COVID relief talks on again

House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steven Mnuchin continue to discuss a COVID relief agreement. The issues remain the same: aid to state and local governments, liability protections for businesses, and funding for the US Census as well as election systems. Should they reach a deal, it is likely a bill will not be written and ready for passage until after the November election. NCJW supports a meaningful package to protect women, children, and families — especially Black and brown communities disproportionately impacted by the virus.

• Take Action! Tell the Senate to consider the House-passed HEROES Act.

Sign-On Letters

• NCJW joined 27 organizations on a letter to Chairman Graham and Ranking Member Feinstein opposing Amy Coney Barrett’s nomination given concerns about her record related to campaign finance laws and voter protections.

Federal Courts

Courts matter to voting rights

On October 12, Texas restrictions allowing only a single drop-box for mail-in ballots in each county were reinstated by a federal appeals court, essentially holding that the governor’s concerns about ballot security outweigh voting-rights activists’ worries that millions of voters won’t be able to safely access the drop-boxes. The Fifth Circuit Court of Appeals sided with Gov. Greg Abbott who, on October 1, ordered the shuttering of multiple drop boxes where thousands of ballots in some of Texas’ largest counties were already collected. NCJW is outraged by this blatant voter suppression and works to ensure that every eligible voter is able to register to vote, cast a ballot, and engage in all levels of government in a deep and meaningful way.

• Take Action! Click here to access helpful resources and ways to take action to ensure that EVERYONE has access to the polls.

Courts matter to abortion rights and access

Several recent court decisions have aptly illustrated the importance of a federal judiciary committed to upholding constitutional rights for everyone. On October 8, the US Supreme Court denied the Trump administration’s emergency petition in American College of Obstetricians and Gynecologists (ACOG) v. Food and Drug Administration (FDA). This case centers on a long-standing FDA policy that forces patients to unnecessarily travel to the clinic to pick up medication abortion. ACOG asked a federal district court to lift this requirement during the pandemic to protect patients, providers, and their families from viral exposure, and a nationwide injunction was granted. Rather than approving the administration’s request to reinforce this dangerous restriction, the Supreme Court sent the case back down to the district court to reevaluate the need for a nationwide injunction. For now, the policy remains blocked and patients are able to receive medication abortion through the mail.

Additionally, on October 13, the Supreme Court declined to hear another case designed to restrict access to reproductive health care. Following a trend amongst conservative states, a 2018 executive order from South Carolina’s governor barred Medicaid enrollees from receiving services from providers like Planned Parenthood that also perform abortions. Lower federal courts blocked the policy, affirming that Medicaid enrollees have a right to seek care from any qualified provider they choose. Because the Court refused to take up the case, these rulings now stand, permanently blocking the policy.

Finally, on October 13, the Fifth Circuit Court of Appeals struck down Texas’ ban dilation and excavation procedures, the most common abortion method used after 15 weeks of pregnancy. The court deemed the law unconstitutional because it “unduly burdens a woman’s constitutionally-protected right to obtain a pre-viability abortion” and “forces abortion providers to act contrary to their medical judgment and the best interest of their patient by conducting a medical procedure that delivers no benefit to the woman.” NCJW opposes all policies that restrict access to abortion, shutter clinics and prevent patients from receiving care and celebrates these decisions.

Courts matter to the census

On October 13, as the Senate Judiciary Committee was questioning Amy Coney Barrett to fill the vacancy on the Supreme Court, the Court issued an emergency order granting the Trump administration’s request to halt the census count while a lower court considers an appeal. Justice Sonia Sotomayor wrote in her dissent that “the harms caused by rushing this year’s census count are irreparable.” Last week, a three-judge panel of the US Court of Appeals for the Ninth Circuit denied the administration’s request to halt the district court’s order that extended the census deadline through October 31. The ruling in the case, Ross v. National Urban League, most impacts people of color, low-income individuals, and those who live on tribal lands who are likely to go uncounted as a result.

Mizelle “unqualified” nomination on the move

Kathryn Kimball Mizelle was nominated to the US District Court for the Middle District of Florida. Her nomination was scheduled for a vote on October 15 in the Senate Judiciary Committee but ultimately was held over until next week. Mizelle graduated from law school only eight years ago, spent four years clerking, and has experience in only two trial cases — neither at the senior level. Mizelle has deep ties to the nation’s most conservative legal voices in addition to being a long-time member of the Federalist Society, an ultraconservative legal society. Moreover, the American Bar Association found Mizelle “Not Qualified” for a lifetime appointment, directly citing her lack of meaningful experience. NCJW believes Mizelle lacks the proper experience required for a lifetime appointment and strongly opposes her nomination.

• Take Action! Urge your senators to oppose Mizelle.

Human Needs

USDA extends nutrition options

The US Department of Agriculture on October 13 extended critical waivers that will allow the continued operation of the Summer Food Service Program and Seamless Summer Option through June 30, 2021. This extension will ensure schools and private nonprofit organizations can reach children who rely on free and reduced-price school meals through the rest of the school year. NCJW urges the Senate to pass COVID relief legislation, like the HEROES Act, that includes provisions expanding and extending vital nutrition assistance programs to address food insecurity made worse by the pandemic.

COVID relief nowhere in sight

While the president appears suddenly interested in COVID relief, suggesting a willingness to support a package above the $1.8 trillion already floated, Senate Majority Leader Mitch McConnell (R-KY) refuses to play ball. Instead, he plans to bring an emaciated package worth roughly $500 billion to the Senate floor next week. While the measure is expected to include another round of stimulus checks, it is unlikely to address relief for states, robust unemployment insurance, nutrition assistance, and safe elections. NCJW supports a meaningful response to COVID that would help families and workers make ends meet during the economic recession.

• Take Action! Tell the Senate to consider the House-passed HEROES Act.

Sign-On Letters

• On October 5, NCJW joined 136 organizations supporting reproductive health, rights, and justice in a letter to the Senate Judiciary Committee opposing Amy Coney Barrett.
• On October 8, 50 organizations including NCJW sent a letter to Senate Judiciary Committee leadership opposing the nomination of Amy Coney Barrett to the Supreme Court given the impact her decisions would have on immigrant communities.
• On October 10, NCJW, joined by 40 interfaith organizations, sent a to the Senate opposing the nomination of Amy Coney Barrett.

Federal Courts

Supreme Court restores voter suppression requirement in South Carolina

On October 5, the US Supreme Court reinstated South Carolina’s witness-signature requirement on absentee ballots. The South Carolina law requires voters to verify their mail-in ballot by swearing an oath that they are qualified to vote and they received no assistance in voting when they sign and seal their ballots. The oath is to be administered by a witness who signs below the voter’s signature on the ballot. Democrats argue that the law is intended to suppress the votes of African-Americans and the elderly and that it ignores the difficulties of voting during a pandemic. Any ballots received prior to the court’s ruling, however, can’t be rejected for failing to comply with the witness requirement. Justices Thomas, Alito, and Gorsuch indicated they would not have counted those ballots, which would have further suppressed the vote. NCJW condemns this decision to suppress the vote and supports easy and equitable access to voting.

SCOTUS hears arguments in religious freedom case

On October 6, the Supreme Court heard oral arguments in FNU Tanzin v. Tanvir, an important religious freedom case that NCJW is watching this term. Three Muslim men — Muhammad Tanvir, Jameel Algibah, and Naveed Shinwari — were placed on the nation’s “no-fly list” despite the fact that they posed no threat. They claimed that the move was in retaliation for their refusal to act as informants on other Muslims for the Federal Bureau of Investigation, violating their religious tenets and interfering with the free exercise of their religion protected by the Religious Freedom Restoration Act (RFRA). The Supreme Court will decide if RFRA’s provision that allows litigants to receive “appropriate relief against the government” authorizes monetary damages against individual government agents sued as individuals. Despite continued misuse and manipulation of RFRA, NCJW supports the use of this statute to fulfill its original intention: to protect religious liberty by shielding religious minorities like Muhammad Tanvir, Jameel Algibah, and Naveed Shinwari from historical discrimination.

Unqualified nominee for lifetime appointment to the federal bench

Kathryn Kimball Mizelle was nominated to the US District Court for the Middle District of Florida and is awaiting a vote in Senate Judiciary Committee. Her nomination was scheduled for a vote on October 1; however, due to lack of quorum on the part of Republican members, the vote was originally moved to October 8 and is currently suspended until business resumes in the Senate on October 19. Mizelle has spent a total of four years in practice and has experience in only two trial cases, neither at the senior level. Mizelle has deep ties to the nation’s most conservative legal voices, in addition to being a long-time member of the Federalist Society, an ultraconservative legal society. Moreover, the American Bar Association found Mizelle to be “Not Qualified” for a lifetime appointment, directly citing her lack of meaningful experience. NCJW believes Mizelle lacks the proper experience required for a lifetime appointment and strongly opposes her nomination.

• Take Action! It’s critical to tell senators that we do not support Mizelle’s nomination to the federal bench — email them today.

Anti-abortion nominee for lifetime appointment

Toby Crouse, nominated to the United States District Court for the District of Kansas, is currently awaiting a vote by the full Senate, which has suspended all non-SCOTUS business until October 19. Since 2018, Crouse has served as Kansas Solicitor General and proved to be a highly partisan opponent of many important rights — reproductive, voting, and workers, among others. On behalf of the state of Kansas, he urged the Supreme Court to review a case defunding Planned Parenthood, a case that the Tenth Circuit disagreed with and the Supreme Court declined to hear. In private practice, Crouse defended the infamous Kansas Secretary of State Kris Kobach in a case challenging his redistricting plan. Later, as Solicitor General, Crouse supported other restrictive voting laws. Senate Majority Leader Mitch McConnell filed cloture on September 30, and Crouse is awaiting a full vote once the Senate resumes on October 19. NCJW opposes the nomination of Toby Crouse given his extreme views on issues impacting women, children, and families.

• Take Action! Tell the Senate to oppose the nomination of Toby Crouse.

Civil Rights

Petty executive order halts diversity trainings

On September 22, President Trump released an executive order barring the federal government and its contractors from holding diversity, equity, and inclusion training because they are “anti-American.” In response, training has been canceled across the county. NCJW joined a statement condemning this order, which halts the federal government’s already slow process of reckoning with racism.

Immigration and Refugees

Expedited removal begins

This week, Immigration and Customs Enforcement (ICE) started to implement expedited removal, which allows officers to arrest and rapidly deport undocumented immigrants who have been in the US for less than two years. Some backstory to this policy: it was announced in July 2019 but blocked by a federal court until this past June, when the DC Circuit Court of Appeals ruled it could go into effect while the case travels through the courts. NCJW opposes this policy shift, which removes due process and instills fear in immigrant communities.

Sign-On Letters

• On October 7, the ADL released a Jewish Communal Statement Denouncing White Supremacy signed by 29 organizations, including NCJW.
• On October 7, NCJW joined 57 organizations on a letter to Attorney General Barr urging him to share how the Department of Justice is planning to protect voters and all people in the United States safe from the threat of violent white supremacists, including white nationalists, in the coming weeks before, during, and after the election.
• On October 7, 121 organizations including NCJW joined a statement condemning President Trump’s recent Executive Order barring the federal government and its contractors from holding diversity, equity, and inclusion trainings.

Federal Courts

Unqualified nominee for a lifetime appointment to the federal bench

Kathryn Kimball Mizelle was nominated to the US District Court for the Middle District of Florida and is awaiting a vote in Senate Judiciary Committee. Her nomination was scheduled for a vote on October 1 but, due to lack of quorum on the part of Republican members, has been moved to October 8. Mizelle has spent a total of four years in practice and has experience in only two trial cases, neither at the senior level. Mizelle has deep ties to the nation’s most conservative legal voices, in addition to being a long-time member of the Federalist Society, an ultraconservative legal society. Moreover, the American Bar Association found Mizelle to be “Not Qualified” for a lifetime appointment, directly citing her lack of meaningful experience. NCJW believes Mizelle lacks the proper experience required for a lifetime appointment and strongly opposes her nomination.

• Take Action! It’s critical to tell senators that we do not support Mizelle’s nomination to the federal bench — email them today.

Anti-abortion nominee for a lifetime appointment

Toby Crouse, nominated to the United States District Court for the District of Kansas, is currently awaiting a vote by the full Senate. Since 2018, Crouse has served as Kansas Solicitor General and proved to be a highly partisan opponent of many important rights — reproductive, voting, and workers, among others. On behalf of the state of Kansas, he urged the Supreme Court to review a case defunding Planned Parenthood, a case that the Tenth Circuit disagreed with and the Supreme Court declined to hear. Crouse also joined amicus briefs in several other anti-reproductive health care cases. In private practice, Crouse defended the infamous Kansas Secretary of State Kris Kobach in a case challenging his redistricting plan. Later, as Solicitor General, Crouse supported other restrictive voting laws. He joined amicus briefs in anti-immigration, anti-worker, anti-gun safety, and other cases challenging basic rights. Senate Majority Leader Mitch McConnell filed cloture on September 30, and the full Senate will vote next week. NCJW opposes the nomination of Toby Crouse given his extreme views on issues impacting women, children, and families.

• Take Action! Tell the Senate to oppose the nomination of Toby Crouse.

Economic Justice

Native Women’s equal pay day

October 1 was Native Women’s Equal Pay Day, which marks the day that Native Women’s wages catch up to those of their white, male counterparts from the previous year. Native women earn approximately $0.60 cents on the dollar of White, non-Hispanic men (based on 2019 data), which adds up to a loss of $1,035,360 over the course of their careers. NCJW supports pay equity legislation to close the gender and racial wage gap.

Human Needs

House passes new COVID-relief response

The new House COVID package scales back their HEROES Act from $3.4 trillion to $2.2 trillion but contains some important elements: food, housing, and income assistance to tens of millions of struggling households; state and local fiscal relief; and strong public health response. In addition to including stronger provisions for unemployment insurance and child care, the package would also boost SNAP maximum benefits by 15 percent and increase the SNAP minimum monthly benefit from $16 to $30, secure substantial new rental assistance for low-income households, increase funding for safe elections, and ensure the census continues through October 31. The obstacles to White House and Senate Republican support remain the same: they want a smaller package and liability protection for businesses. On October 1, the House passed the bill almost entirely on party lines, and will now leave town to allow members time to campaign before the November election.

Continuing Resolution signed into law

The Senate voted (84-10) to avert a government shutdown on September 30 — just hours before the deadline to fund the government. The House passed (359-57) the measure on September 22. The short-term spending bill, HR 8337, ensures government funding at current levels through December 11. The president signed it shortly after midnight, setting up future negotiations on a budget in the lame duck Congress following the November election.

Immigration and Refugees

Refugee program slashed, again

This week, the administration announced its intent to cap refugee resettlement at a new historic low of 15,000, down from the then-historic low of 18,000 last year (of which only approximately 9,700 refugees were actually resettled). Under the Trump administration, the refugee resettlement program has been repeatedly undermined and attacked. NCJW urges the administration to immediately commit to welcoming refugees into America in 2021.

Wolf’s nomination to lead DHS advances

This week, Chad Wolf’s nomination to serve as Secretary of the Department of Homeland Security (DHS) passed out of the Senate Homeland Security Committee along party lines. Wolf has been serving in the role for nearly a year but, given President Trump’s stated preference for agency leaders serving in acting capacities, was only nominated to the post recently. Wolf’s tenure at DHS has been marked by controversy, most recently the allegation that women at an Immigration and Customs Enforcement (ICE) detention center in Georgia received gynecological care they did not need and to which they did not consent. NCJW opposes this nomination.

Reproductive Health, Rights, and Justice

President Trump to sign an anti-abortion executive order

On September 23, President Trump announced that he would sign a “born alive” executive order during a pre-recorded address to the National Catholic Prayer Breakfast. While the text of the executive order has not yet been released, we know that anti-abortion advocates typically claim that so-called “born alive” policies outlaw infanticide. In reality, this crime is already illegal in the US and these policies are actually carefully crafted to target, intimidate, and shut down reproductive health care providers by threatening them with criminal penalties and attempting to regulate the practice of medicine. Notably, these policies capitalize on false and inflammatory rhetoric surrounding abortion later in pregnancy, perpetuating myths and lies about abortion care, the pregnant people who receive this care, and the providers caring for these patients. NCJW believes that pregnant individuals and their families in these situations deserve our compassion and support, not our judgment, and certainly not politicians telling them what to do.

 The administration proposes expanded effort to restrict abortions globally

On September 14, 2020, the Trump administration proposed yet another unprecedented expansion of the Global Gag Rule to include global health contracts. Currently, the global gag rule applies only to grants, blocking US funds from foreign organizations that provide abortion services or that advocate for abortion access in their own countries. Close to 40 percent of global health funding is provided through contracts, meaning that access to abortions would be significantly obstructed by this proposed rule. The Global Gag Rule has already disrupted a wide range of health care services and partnerships around the world in regard to HIV/AIDS prevention, family planning, and reproductive health access. An attempt to expand the rule’s impact would only exasperate the global health situation. NCJW will be submitting comments opposing this attempt further to restrict global access to abortion.

• Take Action! Support the Global HER Act (HR 1055/S 368) to end the global gag rule today.

Federal Courts

Justice Ruth Bader Ginsburg and the SCOTUS Vacancy

NCJW, like so many people around the country, mourns the loss of Justice Ruth Bader Ginsburg. A trailblazer who fundamentally shifted our nation toward equality, Justice Ginsburg deserves a successor who is chosen by the next president elected by the people. However, immediately upon her passing, President Trump indicated he would fill her vacancy on the Supreme Court — despite the fact that we are in the middle of an election with mail-in ballots and early voting. Indeed, he plans to announce his nominee on Saturday, September 26, before Justice Ginsburg has been laid to rest. Senate Judiciary Committee Chairman Lindsey Graham (R-SC) has indicated he will hold a hearing for the nominee the week of October 12, with a committee vote the following week. The Senate could then vote on the nomination before Halloween. NCJW urges the Senate to instead focus on providing relief for millions of Americans who are still suffering from the fallout of the coronavirus pandemic, including the families and loved ones of the nearly 200,000 people who have died, as well as the 20 million people who have lost their jobs. Responding to the urgent needs of women, children, and families requires the full attention of the Senate.

Florida citizens denied the vote

On September 11, the Eleventh Circuit Court of Appeals ruled that people with felony convictions in Florida would have to pay all outstanding fees and fines before they could register to vote — essentially upholding a modern-day poll tax. The case grew out of a ballot initiative passed in 2018 that allowed 1.4 million people convicted of felonies to vote; prior to the initiative, they were completely disenfranchised. In response to the ballot initiative, the governor signed into law a measure requiring fines and fees to be paid in full first. The court’s decision disproportionately impacts Black potential voters in the state. The plaintiffs may appeal the decision to the US Supreme Court. NCJW condemns this decision to suppress the vote.

Crushing decision for TPS holders

On September 14, the Ninth Circuit Court of Appeals ruled in Ramos v. Wolf that more than 300,000 people with Temporary Protected Status (TPS) from El Salvador, Nicaragua, Haiti, and Sudan will have their legal protections stripped and be subject to deportation as early as March 2021. It also opens the door for TPS terminations for people from Honduras and Nepal. NCJW signed on to an amicus brief in support of TPS holders in the case. TPS allows immigrants from countries facing war or natural disaster to live and work legally in the United States. Some TPS holders have lived in the US for more than two decades and have US-born children and family members. The House of Representatives passed the Dream Act (HR 6) in June 2019, which would provide a path to citizenship for TPS holders. The Senate has yet to act on either the House bill or its Senate equivalent, the Secure Act (S 879). The administration could also reverse its decision to end TPS.

• Take Action! Tell the Senate to hold a vote on the Dream Act immediately.

Voting outcomes in many states decided by courts

A number of court rulings are impacting tens of thousands of voters across the country. On September 17, the Pennsylvania Supreme Court extended the state’s absentee ballot deadline to November 6, or three days following election day. The court also struck the Green Party off the presidential ballot and approved the use of mail-in drop boxes. On August 19, the Montana Supreme Court ruled against a Republican-led effort to qualify the Green Party in both the presidential and senatorial elections. Then, on September 14, the Wisconsin Supreme Court also kept the Green Party off the presidential ballot. The ruling now allows local clerks to resume mailing ballots to those who have requested them. A conservative justice, Brian Hagedorn, sided with the liberals in the 4-3 decision. NCJW supports easy and equitable access to the ballot box.

Unqualified nominee for a lifetime appointment to the federal bench

On September 8, Kathryn Kimball Mizelle was nominated to the US District Court for the Middle District of Florida, and her Senate Judiciary Committee hearing was the following day. Mizelle has spent a total of four years in practice and has experience in only two trial cases, neither at the senior level. Mizelle has deep ties to some of the nation’s most conservative legal voices, in addition to being a longtime member of the Federalist Society, an ultraconservative legal society. Additionally, the American Bar Association found Mizelle to be “Not Qualified” for a lifetime appointment, directly citing her lack of meaningful experience. NCJW believes Mizelle lacks the proper experience required for a lifetime appointment and strongly opposes her nomination.

• Take Action! Tell the Senate to oppose Kathryn Mizelle for a lifetime appointment.

Anti-abortion nominee for a lifetime appointment

On July 29, the Senate Judiciary Committee held a hearing on Toby Crouse, nominated to the United States District Court for the District of Kansas. Since 2018, Crouse has served as Kansas Solicitor General and proved to be a highly partisan opponent of many important rights — reproductive, voting, and workers, among others. On behalf of the state of Kansas, he urged the Supreme Court to review a case defunding Planned Parenthood, a case that the Tenth Circuit disagreed with and the Supreme Court declined to hear. Crouse also joined amicus briefs in several other anti-reproductive health care cases. In private practice, Crouse defended the infamous Kansas Secretary of State Kris Kobach in a case challenging his redistricting plan. Later, as Solicitor General, Crouse supported other restrictive voting laws. He joined amicus briefs in anti-immigration, anti-worker, anti-gun safety, and other cases challenging basic rights. The full Senate will vote on Crouse’s nomination in the coming weeks. NCJW opposes the nomination of Toby Crouse given his extreme views on issues impacting women, children, and families.

• Take Action! Tell the Senate to oppose the nomination of Toby Crouse.

Economic Justice

PWFA passes

On September 17, the House of Representatives passed the Pregnant Workers Fairness Act (PWFA, HR 2694) with massive bipartisan support, 329-73. The PWFA would help end pregnancy discrimination by requiring employers to provide reasonable accommodations for a limitation arising out of pregnancy, childbirth, or related medical conditions, unless doing so would pose an undue hardship on the employer. On September 15, NCJW sent a letter to every representative urging them to vote yes on this important bill and we applaud its passage.

Human Needs

House passes funding bill to avert a government shutdown

On September 22, the House passed HR 8337 (359-57), averting a government shutdown and extending funding through December 11, 2020. The continuing resolution would generally extend fiscal 2020 funding levels, while including some “anomalies” that would adjust the amount available to agencies or extend authorities. The measure reflects an agreement between Democrats and Republicans over farm and food aid programs, adding nearly $8 billion in desperately needed nutrition assistance for hungry school children and families — though it is still not nearly enough. Several health provisions due to expire on November 30 would be extended to December 11. It’s now up to the Senate to pass the measure prior to midnight on September 30.

House poised to unveil scaled-down relief package

As of this writing, the House plans to consider yet another COVID-relief bill given the standstill in the Senate, which has yet to consider the HEROES Act passed by the House in May. Democrats and Republicans remain at odds over how much should be in the package, which also impacts the price tag. The goal is to get a package passed before the election and the House is expected to do so next week. NCJW supports a robust response to COVID that includes funding for safe and accessible elections, expanded nutrition assistance, and more.

Immigration and Refugees

Allegations of hysterectomies at ICE detention center

On September 14, a whistleblower came forward reporting grievous medical issues at the Irwin County Detention Center in Ocilla, Georgia, including a pattern of immigrant women receiving hysterectomies they did not need nor consent to. While these allegations are shocking, they are not surprising, given both the longstanding issues of medical care in ICE detention centers and the United States’ long history of forcibly sterilizing women of color. NCJW has joined advocates calling for the detention center to be closed and NCJW Atlanta Section is working closely with partners on the ground.

Sign-On Letters

• On September 15, NCJW sent a letter to every representative urging them to vote yes on the Pregnant Workers Fairness Act.
• On September 16, NCJW joined 227 organizations on a letter to appropriations leaders in the House and Senate urging them to reject increased funding for Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP).
• On September 24, 32 organizations including NCJW joined letters to the House Homeland Security and Intelligence Committees urging oversight of administrative efforts to cover up the threat that white supremacists pose to our national security.
• On September 25, NCJW led 85 other local, state, and national Jewish organizations on aletterhonoring Justice Ruth Bader Ginsburg and urging Congress to fulfill her dying wish that her seat on the US Supreme Court not be filled until the next president is sworn in