Reproductive Health, Rights, and Justice

Houses pass a bill expanding ACA

On June 29, the House of Representatives passed a bill expanding the Affordable Care Act (ACA). The legislation would expand subsidies for private health insurance, encourage states that have not yet done so to expand Medicaid, and perhaps most significantly, enable Deferred Action for Childhood Arrivals (DACA) recipients to enroll in the ACA. While the bill did not include a number of NCJW priorities, such as removing the 5 year bar for immigrants applying for Medicaid and the Children’s Health Insurance Program (CHIP), we applaud its passage.

• Take Action! Tell your elected officials to cosponsor the HEAL for Immigrant Women and Families Act, which would remove legal barriers and restore access to affordable health care for all immigrants.

Federal Courts

With a blockbuster Supreme Court term — the first with Justices Gorsuch and Kavanaugh on the bench — join NCJW and Dahlia Lithwick, who writes about the courts and the law for Slate and hosts the podcast Amicus, as soon as the session ends. From abortion access to LGBTQ rights to firearms to Dreamers, we’ll break down the cases and learn what’s at stake based on the decisions issued this term. We’ll also highlight cases to watch when the next term opens on October 5. You won’t want to miss hearing from Dahlia, one of the most insightful voices on the courts! Register here.

SCOTUS victory protects abortion rights and access, for now

On June 29, the United States Supreme Court issued its decision in June Medical Services v. Russo, a case challenging Louisiana’s law forcing abortion providers to obtain medically unnecessary admitting privileges at local hospitals. In a 5-4 vote, the Justices Breyer, Ginsburg, Kagan, and Sotomayor rightfully upheld nearly fifty years of settled precedent in striking down the dangerous law as unconstitutional, declaring that “[a]s in Whole Woman’s Health, the State introduced no evidence ‘showing that patients have better outcomes when their physicians have admitting privileges’ or ‘of any instance in which an admitting privileges requirement would have helped even one [patient] obtain better treatment.’” 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; however, citing the legal doctrine of stare decisis (to stand by things decided), the Chief Justice voted to uphold this settled precedent. Justices Thomas, Alito, Gorsuch, and Kavanaugh dissented.

While we are relieved that Louisiana’s three clinics can remain open and continue to offer time-sensitive, essential, and compassionate care, this fight is far from over. Indeed, Louisiana’s Act 620 (the law struck down by the Court) represents just one of the nearly 450 state laws restricting access to reproductive health care — which range from outright abortion bans to biased counseling mandates to medically unnecessary regulations imposing onerous requirements on providers and patients — passed since 2011. As if this terrifying trend wasn’t enough, the Hyde Amendment has denied abortion coverage to those enrolled in federal health programs for over forty years, despite tireless efforts to end this discriminatory policy. NCJW will continue our work to ensure that all can access the full range of reproductive health care, including abortion.

• Take Action!
  • Sign our interfaith petition calling on Congress to pass the Women’s Health Protection Act (WHPA, HR 2975/S 1645);
  • Contact your lawmakers directly and urge them to pass WHPA; and
  • Join NCJW’s #AbortionAccess4All Digital Lobby Day in early August.

SCOTUS deals harmful blow to the separation of church and state

On June 30, the United States Supreme Court issued its decision in Espinoza v. Montana Department of Revenue, an appeal from a state court decision holding that students could not use Montana’s tax-credit scholarship program to fund education at religious schools. In a 5-4 vote, Justices Roberts, Thomas, Alito, Kavanaugh, and Gorsuch ruled that states cannot exclude religious schools from their voucher programs. Justices Ginsburg, Breyer, Sotomayor, and Kagan dissented. This decision turns the separation of church and state on its head by requiring taxpayers to pay for religious education when the state creates a private school voucher program. Significantly, private school vouchers divert vital resources from public schools that serve 90% of our nation’s students. NCJW opposes school voucher programs that funnel taxpayer dollars to private schools, religious organizations, or schools with discriminatory policies toward students, teachers, and/or other school personnel.

Immigration policies at the courts

Victory over anti-asylum ban:

In September 2019, NCJW condemned a United States Supreme Court ruling allowing a third-country transit ban to go into effect while the case made its way through the courts. The ban prevented most people from seeking asylum if they passed through a third country on their way to the US, effectively closing the border to Central American asylum seekers. Late on June 30, 2020, the District Court of the District of Columbia ruled that the administration did not go through the proper process to issue the ban, bringing it to an immediate halt. The administration is expected to appeal. While this is an important legal victory, the administration has effectively halted all asylum cases at its borders since March 2020 using the COVID-19 pandemic as its justification.

Children in ICE custody to be released:

Last week, a district court judge ruled that Immigration and Customs Enforcement (ICE) must release all children held in its three family detention centers (two in Texas and one in Pennsylvania) by July 17 because of the danger to health caused by COVID-19. Overall, at least 2,500 people in ICE custody have tested positive for the virus. Immigration advocates fear that ICE will not honor this ruling by releasing children together with their families, but instead will use it as an excuse to separate children from their parents. In May, ICE reportedly asked parents to fill out a form forcing parents to choose between being separated from their children (i.e. they would remain in custody while their children were released) or being detained with their children indefinitely, labeling this bizarre approach “binary choice.” NCJW applauds this decision and will hold ICE accountable for releasing children with their families as the judge intended.

 Mixed bag for border wall:

On June 26, the Ninth Circuit Court of Appeals ruled that the administration’s transfer of funds from the Pentagon to pay for the border wall was an illegal overreach of executive authority (since the Constitution grants appropriations powers solely to Congress). The administration is expected to appeal the decision to the United States Supreme Court, which has previously sided with the administration on this specific issue. Note: the $2.5 billion transfer the Ninth Circuit found illegal is only a portion of what the administration has allocated for the wall.

Then on June 29, the United States Supreme Court declined to take up a case over the Department of Homeland Security’s use of waivers (largely environmental waivers) to speed up border wall construction. Specifically, the administration had waived dozens of federal laws in California, Arizona, New Mexico, and Texas to construct the wall. NCJW opposes President Trump’s harmful vanity wall at the southern border.

Expanded expedited removal can go into effect:

In July 2019, the administration announced it would expand expedited removal. Previously, expedited removal — bypassing immigration courts when deporting an individual — was only used for those detained within 100 miles of the US border and those who lived in the US for less than two weeks. The new policy widened that pool to immigrants anywhere in the US who have been in-country for less than two years. The policy was blocked soon after being issued, but on June 23 the Court of Appeals for the District of Columbia ruled that the policy could go into effect while the case continues to be heard in the lower court. NCJW opposes this attack on immigrants.

Voter Engagement

DC statehood passes House

The House of Representatives passed HR 51 (232-180) on June 26, which would grant statehood to the District of Columbia (to be renamed the State of Washington, Douglass Commonwealth after Frederick Douglass). The bill now heads to the Senate, where it is expected to languish. Still, this historic victory is the first time a chamber of Congress has passed DC statehood. NCJW applauds this win.

Human Needs

Congress extends the Paycheck Protection Program

The Senate, late on June 30, passed legislation by unanimous consent that would keep the Paycheck Protection Program (PPP) alive just as it was set to close down with $130 billion left unspent. The measure gives the Small Business Administration authority to continue approving PPP loans, which can be turned into grants, until August 8. On July 1, the House also passed the measure, and it is expected to be signed into law by President Trump.

Senate expected to consider a coronavirus bill after recess

Senate Republicans are in the process of writing their own coronavirus legislation to be considered after the July 4 recess, with a likely introduction on July 20. Senator Majority Leader Mitch McConnell (R-KY) has announced the Senate’s measure will cost far less than the House-passed $3 trillion HEROES Act, which means it’s unlikely to address several outstanding issues including extending increased unemployment benefits, expanding and increasing Supplemental Nutrition Assistance Program (SNAP) benefits, and appropriating adequate funding for safe elections. The HEROES Act, passed by the House on May 15 and supported by NCJW, addresses these priorities and more.

• Take Action! Urge your senators to pass the HEROES Act, which would provide necessary relief to workers and families and help the economy.

Immigration and Refugees

Trump’s new massive immigration order

On June 22, President Trump issued an Executive Order barring many categories of foreign workers and curbing immigration visas through the end of 2020. The justification for the EO is the COVID-19 health crisis, but immigration hardliners like Senior White House Advisor Stephen Miller have long wanted to take steps to reduce legal immigration, including limiting worker visas. The EO went into effect 48 hours after it was issued, leaving thousands of people who traveled temporarily to other countries effectively separated from their families. NCJW opposes this cut to immigration disguised as a public health order and will be commenting in opposition to the rule.

Anti-asylum final rules issued

Last week, the Department of Homeland Security issued two final rules that will make it more difficult for asylum seekers in the US. The first will deny work authorization for anyone to enters the US between official ports of entry after August 25, 2020 and extends the time an asylum seeker must wait before filing for work authorization to 365 days (from the current 150 days). The second will eliminate the processing timeline of 30 days that US Citizenship and Immigration Services (USCIS) was until-now obligated to follow if an asylum seeker filed a work authorization application. So instead of receiving permission to work within 30 days of filing, it could take months or even years. Considering that asylum cases can take multiple years to resolve, these rules will force many asylum seekers in the US to work under the table (and without employment protections) to survive. NCJW opposes these unnecessary and cruel rules.

Sign-On Letters

• On June 18, more than 500 organizations including NCJW sent a letter to the Departments of Justice and Homeland Security requesting an extension of the 30-day public comment period for the Administration’s proposed rule that would gut the U.S. asylum system.
• On June 23, NCJW joined more than 100 local, state, and national organizations on a letter to House and Senate leadership urging continued funding for the Office of Population Affairs’ (OPA) Teen Pregnancy Prevention (TPP) Program at $101 million and the Administration on Children and Families’ Personal Responsibility Education Program (PREP) at $75 million.
• On June 29, NCJW joined 103 organizations on a letter to House and Senate leadership urging they address the needs of our most vulnerable communities hit hardest by the COVID-19 pandemic.

Amicus Brief

• NCJW joined women’s organizations on an amicus curiae (friend of the court) brief in Virginia, Illinois, and Nevada v. Ferriero, a case before the US District Court of the District of Columbia challenging the time limit to ratify the Equal Rights Amendment (ERA).

Federal Courts

Trump’s 200th confirmation is nothing to celebrate 

On June 22, the Senate invoked cloture to end debate and move forward on a vote to confirm Cory Wilson (51-43) to the US Court of Appeals for the Fifth Circuit. Wilson, Trump’s 200th lifetime confirmation, was confirmed (52-48) on June 24. Like Justin Walker confirmed last week, Wilson has vigorously opposed the Affordable Care Act (ACA) (calling it “perverse” and “illegitimate”), and has made clear that he would invalidate the ACA and take away health care from millions, including over 130 million Americans with preexisting conditions. As a state legislator, he voted for a severely restrictive “heartbeat bill” that would ban abortion as early as six weeks into pregnancy and voted to defund Planned Parenthood. Further, Wilson has called civil rights organizations “rent-a-mobs” and championed measures that would make it harder for African Americans to vote. NCJW opposed the nomination of Cory Wilson to the Fifth Circuit. Thank you for all of your calls and emails — the close vote wouldn’t have happened without all of you! 

• Take Action! Call your senators (Capitol Switchboard #202-224-3121) to thank them for their vote to oppose Wilson or let them know you’re disappointed they voted to confirm someone with such an extreme partisan agenda. 

SCOTUS deals a blow to asylum seekers 

Following a decision last week in which the Supreme Court upheld the Deferred Action for Childhood Arrivals (DACA) program, the opinion in Department of Homeland Security v. Thuraissigiam was of a very different tone. The Court ruled 7-2 that immigrants seeking asylum do not have the right to make their case in federal courts. With Justice Alito writing for the majority, the justices held that such a review process would overwhelm the nation’s immigration system, upholding a 1996 law that limits the role of federal courts in reviewing rejected claims of asylum. The case involves Vijayakumar Thuraissigiam, a member of Sri Lanka’s Tamil ethnic minority, who faces persecution and death if he were returned to Sri Lanka. 

With a blockbuster Supreme Court term — the first with Justices Gorsuch and Kavanaugh on the bench — join NCJW and Dahlia Lithwick, who writes about the courts and the law for Slate and hosts the podcast Amicus, as soon as the session ends. From abortion access to LGBTQ rights to firearms to Dreamers, we’ll break down the cases and learn what’s at stake based on the decisions issued this term. We’ll also highlight cases to watch when the next term opens on October 5. You won’t want to miss hearing from Dahlia, one of the most insightful voices on the courts! Register here. 

Civil Rights

House passes policing reform measure 

On June 25, the House passed the renamed George Floyd Justice in Policing Act (HR 7120), a first step toward meaningful accountability in policing. Among many significant changes, the bill would allow the use of force only as a last resort, ban chokeholds, and prohibit racial and religious profiling, among other dramatic changes. NCJW is committed to working with senators to ensure the bill is even more robust upon passage, with federal dollars invested in services, programs, and efforts that help build stable and safe Black and Brown communities. 

• Take Action! Urge your senators to pass the George Floyd Justice in Policing Act. 

Immigration and Refugees

Support refugees through the #70million campaign
NCJW is proud to partner with the #70million campaign, a ten-day call to the global Jewish community to take action for refugees, asylum seekers, and other displaced people around the world. The US refugee resettlement program has ground to a complete halt amid the COVID-19 pandemic, and has been largely dismantled during the current administration. With more than 70 million refugees and displaced people around the world, the campaign aims to mobilize the worldwide Jewish community from June 17-26 in support of Jewish and Israeli organizations working with refugees. 

• Take Action! Visit the #70Million campaign to find ways to advocate, learn, volunteer, and donate to help refugees. 

Reproductive Health, Rights, and Justice

Damaging health care rule finalized

On June 19, the Trump administration published its final rule rolling back critical nondiscrimination protections found in Section 1557 of the Affordable Care Act (ACA). The rule eliminates gender identity, sex stereotyping, and termination of pregnancy from prohibitions against discrimination “on the basis of sex,” encouraging health care providers and entities to refuse care to vulnerable patients. Significantly, the proposal ignores the moral principle that all deserve equal access to health care, tramples individual religious liberty, and will have serious negative implications for the health of women and LGBTQ people. The rule will be effective on August 18. While advocates believe Tuesday’s Supreme Court victory for LGBTQ employment discrimination (see Federal Courts below) will help future lawsuits seeking to overturn this rule, the process could potentially take years, and many will be harmed in the interim. NCJW opposes this harmful rule.

• Take Action! Want to know more about the federal rulemaking process? Watch NCJW’s webinar on administrative advocacy.

Federal Courts

DACA program safe, for now

The Supreme Court struck a blow to the Trump administration’s anti-immigrant agenda on June 18 when it ruled 5-4 in an opinion authored by Chief Justice Roberts that the Deferred Action for Childhood Arrivals program, known as DACA, had been illegally ended by the Department of Homeland Security. While the ruling protects nearly 800,000 DACA recipients from deportation for now, it allows the administration to “try again” to end the program. Until the Senate passes the Dream Act (HR 6), which grants DACA recipients a path to citizenship, this victory is incomplete.

• Take Action! Tell your Senators to pass the Dream Act without delay.

Courts Matter to LGBTQ Rights

In a 6-3 landmark decision on June 15, the Supreme Court held that it is a violation of Title VII of the Civil Rights Act to fire someone because of their sexual orientation or gender identity. Justice Neal Gorsuch wrote the majority opinion in the three consolidated cases addressing employment discrimination based on sexual orientation and gender identity, Bostock v. Clayton County, Georgia. While one of the plaintiffs in the case, Aimee Stephens, is not alive to witness her victory, we celebrate this watershed moment for fairness and equality for her and all LGBTQ workers.

While the decision is welcome, it does not negate the need for the Senate to pass the Equality Act (HR 5), which would expand nondiscrimination protections to other aspects of federal law, including public accommodations, housing, education, and beyond. The House of Representatives passed the bill in May 2019.

• Take Action! Tell your senators to support the Equality Act.

California “sanctuary city” laws can stand

This week, the Supreme Court refused to hear a challenge to California’s “sanctuary city” laws, leaving in place a lower court’s decision that the federal government cannot compel state and local law enforcement to cooperate with federal immigration officials. The Trump administration had challenged this and similar laws across the country. Immigration advocates note that sanctuary policies facilitate better crime reporting and cooperation with law enforcement in criminal investigations.

Senate advances Justin Walker to DC Circuit Court

On June 17, the Senate voted (52-46) to end debate and move forward on a vote to confirm Justin Walker to the US Court of Appeals for the District of Columbia Circuit. The vote was mostly along party lines, with Sen. Susan Collins (R-ME) joining Democrats in opposing the motion. And, on June 18, the Senate voted 51-42 to confirm Walker despite the fact he has never tried a case as lead or co-counsel and has made it clear he would dismantle the Affordable Care Act.

On Monday, June 22, the Senate will hold a cloture vote to end debate and move forward on the nomination of Cory Wilson to the US Court of Appeals for the 5th Circuit. A full Senate confirmation vote is expected on late Tuesday or Wednesday. Like Walker, Wilson openly disdains the Affordable Care Act, calling it “illegitimate” and “perverse.” He supported every anti-reproductive health bill offered as a state legislator and called Roe v. Wade the “result of a liberal activist court.” As we navigate the uncharted waters of the COVID- 19 pandemic, it is unthinkable that the Senate would confirm circuit court judges bent on taking away access to health care. 

• Take Action! Urge your senators to reject Cory Wilson’s nomination! 

With a blockbuster Supreme Court term — the first with Justices Gorsuch and Kavanaugh on the bench — join NCJW and Dahlia Lithwick, who writes about the courts and the law for Slate and hosts the podcast Amicus. From abortion access to LGBTQ rights to firearms to Dreamers, we’ll break down the cases and learn what’s at stake based on the decisions issued this term. We’ll also highlight cases to watch when the next term opens on October 5. You won’t want to miss hearing from Dahlia, one of the most insightful voices on the courts. Register here.

Voter Engagement

DC statehood up for vote

The House of Representatives announced its intent to hold a vote on DC statehood (HR 51) on June 26, the first vote on the topic since 1993. The bill would grant full representation for the more than 700,000 citizens of the District of Columbia, including granting residents two senators and one representative in Congress. NCJW endorses this bill and urges every representative to vote YES.

Civil Rights

House moves forward on police reform bill

On June 17, the House Judiciary Committee marked up (24-14) the Justice in Policing Act (HR 7120), a sweeping measure addressing police accountability introduced by Reps. Karen Bass (D-CA) and Jerrold Nadler (D-NY) as well as Sens. Kamala Harris (D-CA) and Cory Booker (D-NJ) in the Senate. Among many provisions, the bill includes:

• Banning the use of chokeholds and other tactics;
• Limiting the transfer of military weaponry and equipment to police departments;
• Changing the legal standard to make it easier to hold police accountable for misconduct when they use deadly force on American citizens;
• Making lynching a federal crime; and
• Helping prevent police misconduct in the first place by increasing data and transparency, as well as important modifications to law enforcement training and practices.

On the same day, Senate Republicans, led by Sen. Tim Scott (R-SC), unveiled a separate proposal, the Justice Act, which falls short of real change. HR 7120 now moves to the House floor for a vote next week while the Senate is expected to consider the Justice Act prior to July 4. NCJW supports HR 7120 as an important first step toward protecting communities and ensuring police accountability and urges both chambers to consider the measure.

• Take Action! Urge your lawmakers to support the Justice in Policing Act.

Economic Justice 

Senate Finance Committee holds a roundtable on paid leave

On June 18, the Senate Finance Committee’s Paid Leave Working Group held a roundtable to discuss “Paid Leave Proposals in the COVID Era.” A number of important topics were discussed, including the loopholes and exclusions in current emergency paid leave and paid sick days law. There was also robust discussion of policy solutions to provide paid leave in the longer term, including establishing a federal program paid for by a small payroll tax, allowing new parents to take advances on their Child Tax Credit to be repaid by deductions in that tax credit over 10-15 years, and allowing parents to use Social Security benefits in exchange for delaying their retirement. While some of these policies would be beneficial steps forward toward paid leave for all, others would detrimentally impact the economic and retirement security of women, children, and families. NCJW supports paid leave for all and sent this letter to the Senate Finance Paid Leave Working Group.

• Take Action! Tell your Senators to close the loopholes in current emergency paid leave law by passing the HEROES Act. 

Mobilize for justice this weekend!

NCJW is proud to once again sponsor the Poor People’s Campaign: A National Call for Moral Revival (PPC) summer mobilization. PPC is a movement that aims to shift the moral narrative, impact policies at every level of government, and build lasting power for poor people. Sign up here to join NCJW’s virtual delegation at the virtual Mass Poor People’s Assembly & Moral March at 10:00 am ET and 6:00 pm ET on Saturday, June 20, to highlight the crisis of poverty and interlocking injustices in America. The program will be broadcast again on Sunday, June 21 at 6:00 pm ET.

Immigration and Refugees

NCJW Celebrates World Refugee Day
June 20 is the United Nations-designated World Refugee Day, a time to celebrate the contributions of refugees. NCJW is a member of the #70Million campaign (referencing the more than 70 million refugees and displaced people around the world), a call to the Jewish community to be in solidarity with refugees, asylum seekers, and other displaced people around the world. The US refugee resettlement program has been largely dismantled by the current administration, and in the face of the COVID-19 pandemic, has ground to a complete halt.

• Take Action! Visit the #70Million campaign to find ways to advocate, learn, volunteer, and donate to help refugees.

Sign-On Letters

• On June 11, NCJW joined 141 LGBTQ and allied organizations allies joined an open letter calling to defund the police and invest in communities.
• On June 15, more than 100 organizations including NCJW joined a letter to Congress in support of statehood for the District of Columbia.
• On June 16, NCJW joined more than 120 organizations on a letter to the Department of Homeland Security opposing recent measures that threaten the safety and family unity of vulnerable immigrant children.
• On June 17, NCJW joined 40 organizations on a letter to the Centers for Medicare and Medicaid Services requesting several continuations of Medicare enrollment flexibilities urgently needed to better facilitate access to coverage and care during COVID-19.
• On June 18, Sen. Markey introduced a bill endorsed by 70+ organizations including NCJW that would halt deportations and immigration enforcement during the pandemic.
• On June 18, NCJW joined 2,500 national, regional, state, and local organizations on a letter calling on Majority Leader McConnell and Minority Leader Schumer to take immediate action to boost SNAP benefits.

Voter Engagement

Anti-health care judges move forward

On June 10, Senate Majority Leader McConnell (R-KY) filed cloture on the nomination of his protégé Justin Walker for a lifetime seat on the second-highest court in the land — the US Court of Appeals for the DC Circuit. A final floor vote on the Walker nomination could come next week. Walker has scant experience and was nominated after only three weeks as a district court judge in Kentucky. A former intern of Sen. McConnell and a former law clerk for Justice Brett Kavanaugh, Walker has a record and history of hostility to voting rights, affirmative action, and the Affordable Care Act among other issues. And as expected, the Senate Judiciary Committee, along party lines, voted on June 11 to approve the nomination of Cory Wilson to the US Court of Appeals for the Fifth Circuit which includes Texas, Louisiana, and Mississippi. During his years in the Mississippi legislature and his brief time as a state court judge, Wilson has made his hostility to the Affordable Care Act, voting rights, affirmative action, and reproductive rights among other rights, abundantly clear. Sen. McConnell is likely to file cloture on Cory Wilson next week, likely setting up a vote for the week of June 22 but perhaps earlier. A letter opposing Cory Wilson’s confirmation for organizations in the Fifth Circuit states only is still open for signatures.

Take Action!

• Join NCJW, Senator Schumer (D-NY), other senators, and partners on Monday, June 15 at 3 pm ET for a digital rally live-streamed here to #StopWalker #StopWilson.
• Contact your senators to urge them to oppose these anti-health care nominees.

Messy primary in Georgia

Voters in Georgia faced significant issues casting their ballots during the state’s primary on June 9. Some voters waited for hours to vote, primarily in African American-majority counties in and around Atlanta. For context, after the Supreme Court decimated the Voting Rights Act in 2013, Georgia closed 214 polling places; there were 80 fewer polling places for this primary in metro Atlanta. In addition, there were numerous reports of requested absentee ballots never arriving or arriving damaged. The issues Georgia faced this week — both those related to voter suppression and election administration — are indicators of what other states will face in the coming months.

• Take Action! Tell your elected officials to appropriate $4 billion in funding to make elections safe and accessible.

Civil Rights

Police reform bill introduced

On June 8, the Justice in Policing Act of 2020 was introduced in the House (HR 7120) by Reps. Karen Bass (D-CA) and Jerrold Nadler (D-NY) as well as Sens. Kamala Harris (D-CA)  and Cory Booker (D-NJ) in the Senate (Senate bill number tbd). This transformative legislation, supported by 166 Representatives and 35 Senators, is not only a response to the recent protests but also a step towards addressing years of failed efforts to root out injustice and racial bias in our law enforcement. Among many provisions, the bill includes:

• Banning the use of chokeholds and other tactics;
• Limiting the transfer of military weaponry and equipment to police departments;
• Changing the legal standard to make it easier to hold police accountable for misconduct when they use deadly force on American citizens;
• Making lynching a federal crime; and
• Helping prevent police misconduct in the first place by increasing data and transparency, as well as important modifications to training and practices.

The House is expected to pass the legislation within the next two weeks, with Senate Republicans expected to introduce a separate police reform effort. NCJW supports this measure as an important first step towards protecting communities and ensuring police accountability.

• Take Action! Call your lawmakers to urge them to support the Justice in Policing Act.

Economic Justice

Mobilize to speak up against poverty, racism, and injustice

NCJW is proud to once again sponsor the Poor People’s Campaign: A National Call for Moral Revival (PPC) summer mobilization. PPC is a movement that aims to shift the moral narrative, impact policies and elections at every level of government, and build lasting power for poor people. Sign up here to join NCJW’s virtual delegation at the virtual Mass Poor People’s Assembly & Moral March at 10:00 AM ET on Saturday, June 20, to highlight the crisis of poverty and interlocking injustices in America. The program will be broadcast again on Sunday, June 21st at 6:00 pm ET.

Immigration and Refugees

Sweeping anti-asylum regulation introduced

This week, the Departments of Justice and Homeland Security released a draft rule, to be published next week, that would once again make it more difficult for asylum seekers to find safety in the United States. The rule would (among many harmful provisions) increase the standard of proof in “credible fear” screenings, summarily dismiss claims of persecution based on gender or sexual orientation, and penalize an asylum seeker for passing through more than one country on their way to the US. The rule will be open for comment for 30 days. NCJW opposes this latest attack on asylum seekers.

• Take Action! Learn more about the rulemaking process and how to fight back by watching NCJW’s webinar on administrative advocacy.

Sign-On Letters

• On June 4, NCJW joined more than 200 organizations on two letters to the Department of Justice (DOJ), one calling on DOJ open a federal civil rights investigation into Breonna Taylor’s death, as well as a pattern or practice investigation into the Louisville Metropolitan Police Department for its potential systemic constitutional violations, and the other requesting that the DOJ be transparent about its findings from the FBI’s criminal investigation into George Floyd’s death and calling for a pattern or practice investigation of the Minneapolis Police Department for its history of police brutality.
• On June 5, more than 400 immigrant justice groups and their allies, including NCJW, signed a solidarity letter in support of Black communities.

Our country is in pain — we are mourning the senseless murders of Black Americans including George Floyd, Breonna Taylor, Tony McDade, and Ahmaud Arbery. We continue to hear stories of violence against people of color at the hands of the government, the police, and average citizens. If you are angry, outraged, or heartbroken, you are not alone. As NCJW advocates, we must commit to antiracist work for the long-haul. To keep us moving forward during this frightening time, here are some helpful resources to educate yourself and to take action.

Federal Courts

Anti-health care judges moves forward

On June 4, the Senate Judiciary Committee voted along party lines to advance the nomination of Justin Walker to the US Court of Appeals for the DC Circuit. Walker, opposed by NCJW, has an egregious record of opposition to what he called the “indefensible” decision upholding the Affordable Care Act, bemoaning the fact the Supreme Court did not strike down the law. Like Trump’s other nominees to the DC Circuit, Walker also supports broad executive power, a particular concern as President Trump has threatened to deploy the military against peaceful protestors throughout the nation. And, on June 11, the Senate Judiciary Committee is expected to consider the nomination of Cory Wilson to the US Court of Appeals for the Fifth Circuit. Wilson, also opposed by NCJW, has said that “[h]opefully the [Supreme] Court will overturn Obama” with regard to the Affordable Care Act and voted for a severely restrictive “heartbeat bill” that would ban abortion as early as six weeks into pregnancy and to defund Planned Parenthood as a state legislator. Amid the killing of George Floyd and ensuing protests as well as a global pandemic which disproportionately impacts communities of color, Sen. Mitch McConnell (R-KY) is prioritizing judicial nominees who will gut access to affordable health care. Join NCJW on June 9 for a virtual Facebook rally to #StopWalker and #StopWilson.

• Take Action! Urge your senators to reject anti-health care judges Walker and Wilson.

Voter Engagement

Primary challenges

On June 2, eight states and DC held primary elections. Many states had made it easier to vote by absentee ballot in the months or weeks leading up to the elections, but long lines and confusion abounded. In Washington, DC, some voters waited in lines for more than five hours to cast their ballot. The elections showed that there is a great deal of work to be done before Election Day on November 3.

• Take Action! Tell your elected officials to appropriate $4 billion in funding to make elections safe and accessible.

Civil Rights

Celebrating Pride in this moment

June kicks off Pride, a month-long celebration and commemoration of the ongoing fight for LGBTQ equality and inclusion. Pride is celebrated in June to mark the anniversary of the Stonewall Riots, when Black transgender women led protests against police abuses. Given our nation’s current backdrop of a health pandemic and continued police brutality against Black people and communities, consider marking Pride this year by centering those who, for reasons of systemic oppression and racism, are forced to the margins in the fight for LGBTQ rights: transgender folks, queer people of color, indigenous queer folks, LGBTQ people with disabilities, and people who may hold all of those identities (and more).

Department of Education issues anti-transgender student ruling

In a ruling issued May 15 but only made public last week, the Department of Education’s Office of Civil Rights ruled that a Connecticut policy allowing transgender athletes to compete in sports that align with their gender identity violates Title IX. Previously, the Department’s position had been the opposite. The decision could force Connecticut and other states to change their transgender-inclusive athletic policies in order to keep federal funding. Idaho recently became the first state to ban transgender women from competing in women’s sports, a discriminatory policy which has been challenged in federal court.

Gun Violence Prevention

#WearOrange for Gun Safety 

NCJW is once again proud to be a part of #WearOrange on June 5 and throughout the weekend, calling for a future free from gun violence. Orange is the color that Hadiya Pendleton’s friends wore in her honor when she was shot and killed in Chicago at the age of 15 — just one week after performing at President Obama’s second inaugural parade in 2013. After her death, they asked us to stand up, speak out, and Wear Orange to raise awareness about gun violence. Access the social media toolkit as well as specific racial justice resources, and learn more about what’s happening virtually in your community here.

• Watch our NCJWebinar with Congresswoman Robin Kelly (D-IL) about the Intersection of Guns and Domestic Violence in the Time of COVID-19.

Economic Justice 

EEOC Nominee Advances Out of Committee

On June 3, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing to advance a number of nominees to the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB). Among the EEOC nominees is Jocelyn Samuels, a prominent civil right attorney. Ms. Samuels is currently the Executive Director of the Williams Institute, a think tank at the UCLA Law School dedicated to researching sexual orientation and gender identity law and public policy. Prior to that, she held roles in the Obama Administration and has also worked as a senior policy attorney at the EEOC, Labor Counsel to Senator Ted Kennedy, and as Vice President for Education and Employment at the National Women’s Law Center. Given her extensive civil rights background, NCJW is proud to support her nomination to the EEOC, sending a letter in support of her to the HELP Committee. Ms. Samuels’ nomination was favorably reported out of committee by unanimous consent; however, three senators — Sens. Richard Burr (R-NC), Mike Braun (R-IN), and Kelly Loeffler (R-GA) — asked that the record reflect that they would have voted no had the vote been recorded.

Small business loan program changes clear Congress

On June 3, the Senate approved by voice vote changes to the Paycheck Protection Program (PPP) that would allow small businesses more flexibility in using the rescue loan funds. The Paycheck Protection Program Flexibility Act (HR 7010), which passed (417-1) in the House last week, now heads to the president’s desk for his signature. Approximately $130 billion remains from the second round of $320 billion that Congress approved for PPP.

Mobilize to speak up against poverty, racism, and injustice

NCJW is proud to once again sponsor the Poor People’s Campaign: A National Call for Moral Revival (PPC) summer mobilization. PPC is a movement that aims to shift the moral narrative, impact policies and elections at every level of government, and build lasting power for poor people. Sign up here to join NCJW’s virtual delegation at the virtual Mass Poor People’s Assembly & Moral March at 10:00 AM ET on Saturday, June 20, to highlight the crisis of poverty and interlocking injustices in America. The program will be broadcast again on Sunday, June 21st at 6:00pm ET.

Immigration and Refugees

Administration continues its cruelty against immigrants and asylum seekers

In the past few weeks, the Trump administration has continued to use the COVID-19 pandemic as an excuse to implement the harshest anti-immigrant policies the nation has seen in decades. A recent ProPublica investigation found that the Department of Homeland Security (DHS) is rushing to deport unaccompanied children back to their home countries, where their parents may no longer live, and/or where they or their families faced physical and sexual violence. Also, in April, the judge in charge of the Flores agreement, which governs how immigrant children must be treated in federal custody, said that given the unhealthy conditions in detention centers, children must be released. Arguably, the judge intended for children to be released with their families. Instead, Immigration and Customs Enforcement (ICE) reportedly asked parents to fill out a form forcing them to choose between being separated from their children (i.e. they would remain in custody while their children were released) or be detained with their children indefinitely. The administration has labeled this bizarre approach “binary choice.” Zero parents elected to be separated from their children. NCJW continues to condemn the treatment of immigrants and asylum seekers by this administration.

Sign-On Letters

• On May 27, 250 organizations sent a letter to the Department of Homeland Security and the Centers for Disease Control and Prevention (CDC) urging the administration to restore humanitarian protections required under US law and treaty obligations and to implement practical, science-based safeguards endorsed by public health experts while processing unaccompanied children and asylum seekers asking for a refuge at the border.
• On May 29, Sen. Martin Heinrich (D-NM) led 17 Senate Democrats in a letter, endorsed by the National Council of Jewish Women, to the Department of Homeland Security demanding they halt the transfer of people in Immigration and Customs Enforcement (ICE) custody to mitigate the spread of COVID-19.
• On June 1, NCJW joined 70 organizations on a letter led by Muslim Advocates to the Department of Homeland Security opposing its latest iteration in federal Countering Violent Extremism programming.
• On June 2, NCJW joined 59 organizations in a letter to the Senate Health, Education, Labor, and Pensions Committee supporting the nomination of Jocelyn Samuels to the Equal Employment Opportunity Commission.
• On June 2, NCJW joined more than 130 organizations in the Jewish community relations network on statement of solidarity with the Black community.
• On June 3, NCJW joined 26 organizations in a letter to Senate Judiciary Committee Chairman Graham (R-SC) and Ranking Member Feinstein (D-CA) in support of the Inspector General Access Act, common-sense legislation that would allow the Department of Justice inspector general to investigate allegations of misconduct by federal attorneys.
• On June 4, NCJW joined a letter from the Policy Committee of National Muslim COVID-19 Taskforce and other organizations to Majority Leader McConnell (R-KY), Majority Whip Cornyn (R-TX), Minority Leader Schumer (D-NY), and Minority Whip Durbin (D-IL) in support of the SNAP provisions in the HEROES Act.
• On June 4, the Immigrant Legal Resource Center sent letters to the House and Senate signed by more than 100 organizations including NCJW asking that Congress does not fund enforcement activities in the event they bail out US Citizenship and Immigration Services (USCIS).

HEROES Act passes House

On May 15, the House of Representatives passed the Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES) Act (HR 6800) by a vote of 208-199. Republicans offered a Motion to Recommit (a procedural tactic to sink the bill) that opposed cash payments to immigrants and mixed-status families, which failed by a vote of 209-198. The bill is a massive response package directing more than $3 trillion to state and local governments, health systems, and a wide range of progressive initiatives (see last week’s Capitol Hill Updates for more information about the bill). The nearly 2,000-page bill has little chance of becoming law due to opposition from the Republican-led Senate. Still, it includes many of NCJW’s priorities to protect women, children, and families during these challenging times.

Reproductive Health, Rights, and Justice

Historic Senate introduction of HEAL Act

On May 20, Sen. Cory Booker (D-NJ) introduced the Health Equity and Access under the Law (HEAL) for Immigrant Women and Families Act for the very first time in the US Senate. Under current law, immigrants with status as lawful permanent residents wait up to five years before participating in Medicaid and the Children’s Health Insurance Program (CHIP). What’s more, undocumented immigrants cannot purchase insurance on the Affordable Care Act’s (ACA) exchanges and accessing premium tax credits and cost-sharing reductions. Without the affordable coverage offered through these programs, obtaining health care is not a reality for many immigrant women and families. The HEAL Act — which was reintroduced in the House in October 2019 by Reps. Pramila Jayapal (D-WA) and Deb Haaland (D-NM) and has reached more than 50 cosponsors — would remove these onerous legal barriers and restore access to affordable insurance coverage for all immigrants. NCJW is proud to endorse this bill alongside more than 250 organizations and to support the right of every person to live a healthy life.

• Take Action! Urge your lawmakers to cosponsor the HEAL Act.

Federal Courts

Senate Judiciary Committee continues consideration of anti-health care circuit court nominees amid pandemic

On May 20, the Senate Judiciary Committee held a hearing on the nomination of Cory Wilson of Mississippi to the US Court of Appeals for the Fifth Circuit, which includes Texas, Louisiana, and Mississippi. Among many other disqualifying characteristics, Wilson is vocal about his disdain for the Affordable Care Act (ACA) and his wish to invalidate it, which would eliminate protections for 130 million people with preexisting conditions and take away health insurance from 19 million Americans. At the hearing, Wilson refused to recuse himself if an ACA-related case were to come before the Fifth Circuit.

On May 6, the Committee held a hearing on the nomination of Justin Walker of Kentucky to the US Court of Appeals for the District of Columbia Circuit. Walker was nominated for the appeals court exactly three weeks after being sworn in as a district court judge, and the seat for which he is nominated will not be vacant until September 2020. Walker, a long-time friend of Senate Majority Leader Mitch McConnell (R-KY), has repeatedly praised Justice Brett Kavanaugh, for whom he once served as a law clerk for his criticism of the ACA and attempted to dismantle it. The Committee will hold a markup and vote on both of these nominations in early June. NCJW strongly opposes the nominations of Wilson and Walker, both of whom would doubtlessly roll back access to vital health care if given a chance.

• Take Action! Click here to learn much more and urge your senators to reject Walker.

Voter Engagement

#VoteSafe Digital Lobby Day a success

On May 20, NCJW and AEPhi, along with 29 cosponsors, hosted the #VoteSafe Digital Lobby Day. The program kicked off with Sen. Ron Wyden (D-OR) and ended with former White House Advisor Valerie Jarrett encouraging our advocacy. Watch recordings of the opening and closing programs for the full experience! During the day, NCJW leaders held 14 lobby visits in nine different states. And nearly 800 people participated from 38 states, representing 51 NCJW sections and action teams along with national advocates and partners.

• Missed the #VoteSafe Digital Day of Action? Send an alert to your elected officials urging them to fund safe elections.
• Go further and advocate in your state! Reach out to your state legislators and set up a virtual lobby visit, call their offices, or speak out on social media – or, do all three!
• If you took part on May 20, fill out this evaluation so we can measure our impact and improve future advocacy efforts.

Economic Justice 

Moms Equal Pay Day is June 4

Thursday, June 4, will be Moms Equal Pay Day, the symbolic day that shows how far into the year all US moms must work to earn what all US dads earn on average each year. As COVID-19 continues to dominate headlines, economic inequities are being revealed and exacerbated, and women are disproportionately impacted. The pandemic is highlighting the consistent undervaluing of women’s work, with women performing essential work as grocery store cashiers and physicians caring for COVID-19 patients are only being paid about 65% of what their male counterparts are being paid. Mothers already experience a motherhood penalty, bringing home 70 cents for every dollar paid to men on average. Pay discrimination, and the wealth gap has put many people in a position where they are unable to weather this storm. Now, more than ever, we need the critical legislative change that we’ve long advocated to ensure economic security for women and families, including the promotion of policies to bring about pay equity. NCJW supports securing equal pay for women.

• Take Action! Click here to tell the Senate to pass the Paycheck Fairness Act.

Mass digital mobilization on June 20

NCJW is proud to sponsor once again the Poor People’s Campaign: A National Call for Moral Revival (PPC) summer mobilization. PPC is a movement that aims to shift the moral narrative, impact policies and elections at every level of government, and build lasting power for poor people. If your religious observance allows, sign up to join the Mass Poor People’s Assembly & Moral March at 10:00 AM ET on Saturday, June 20, to highlight the crisis of poverty in America and the impact of COVID-19.

#WearOrange on June 5

NCJW is once again proud to be a part of #WearOrange on June 5, a national day of virtual action calling for a future free from gun violence. Orange is the color that Hadiya Pendleton’s friends wore in her honor when she was shot and killed in Chicago at the age of 15 — just one week after performing at President Obama’s 2nd inaugural parade in 2013. After her death, they asked us to stand up, speak out, and Wear Orange to raise awareness about gun violence. Learn more about what’s happening virtually in your community here.

Sign-On Letters

• On May 14, NCJW joined 115 organizations on a letter organized by the Leadership Conference calling on the Department of Justice to open a full and thorough hate crime investigation into the killing of Ahmaud Arbery.