House Democrats introduce next phase of coronavirus response legislation

On May 12, House Democrats unveiled the Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES) Act (HR 6800), a massive response package directing more than $3 trillion to state and local governments, health systems, and a wide range progressive initiatives. While the nearly 2,000-page bill has little chance of becoming law due to opposition from the Republican-led Senate, it marks a clear representation of Democratic priorities amidst the ongoing global pandemic. As detailed below, this legislation also includes many of NCJW’s priorities to protect women, children, and families during these challenging times but, of course, is far from perfect. See below for some highlights, and here for a section by section breakdown of all that is in the bill. The House vote on the package is expected to stretch into the evening on May 15 as lawmakers returning to the Capitol must vote in waves to maintain social distance.

Health Care

GOOD: In order to address an unprecedented public health crisis, much of the HEROES Act focuses on access to and coverage for critical services. For instance, the bill appropriates $75 billion for coronavirus testing and contact tracing, $2.1 billion for the Indian Health Service, $7.6 billion to support expanded services for underserved populations, $3 billion to increase mental health support, and $4.745 billion to expand disease research. Funds contributed by the federal government to state Medicaid programs would be increased by 14 percentage points and cost-sharing requirements for coronavirus-related treatment would be eliminated for those enrolled in private and public health insurance programs. Importantly, the bill provides for a two-month open enrollment period to allow uninsured individuals to purchase coverage and expands the use and oversight of the Defense Production Act to increase the production and supply of critical medical equipment. The Centers for Disease Control and Prevention would also be tasked with regularly reporting demographic data on the incidence of coronavirus and with the establishment and implementation of a national, evidence-based system for testing, contract tracing, surveillance, containment, and mitigation of the disease.

BAD: While the bill does not include harmful and discriminatory provisions like the Hyde Amendment, it also does not address attacks on access to reproductive health care or dedicate specific funds to independent clinics and abortion providers. Unnecessary Food and Drug Administration restrictions on medication abortion still remain in place under the bill.

Elections

GOOD: The bill appropriates $3.6 billion in funds for states to have safe and accessible elections in 2020 with the requirement that they offer online and same-day voter registration as well as at least 15 consecutive days of early in-person voting. Additionally, no-excuse absentee vote-by-mail would be made available and accessible to all voters with postage paid by the government.

BAD: Unfortunately, the bill does not specifically call for states to increase voter education, which will be necessary if other changes are implemented.

Immigration

GOOD: The bill extends CARES Act cash payments to immigrant families and provides Medicaid coverage for testing, treatment, vaccines, and other services regardless of immigration status; notably, the bill stipulates that use of Medicaid for such treatment will not be considered for public charge purposes. Procedures for remotely administering naturalization oath ceremonies during the pandemic would be established and work permits for DACA and TPS holders, in addition to eligibility for emergency relief grant to students, would be extended. Significantly, the bill requires the Immigration and Customs Enforcement (ICE) to review individuals in custody, prioritizing for release all those not subject to mandatory detention, and to provide free and unlimited access to telephones, soap, sanitizer, and other necessary hygiene products.

BAD: The bill does not eliminate the public charge rule or expand unemployment insurance provisions authorized by the CARES Act to all immigrants regardless of status. It also did not stop civil immigration actions.

Refugees

BAD: The bill does not include $642 million in Refugee and Entrant Assistance funds which would go toward cash and medical assistance, housing/rent, utilities, transportation, food, and health needs unavailable through normal operating channels.

Economic Justice

GOOD: The bill significantly expands both who can use leave and when it can be used. It removes all employer exemptions and expands the emergency paid leave to cover the same purposes as the emergency paid sick days, as well as the caregiving and medical reasons for taking leave (such as a public self-isolation order). The bill extends the family care definitions to cover any adult, disabled family member, in addition to children, and expands the overall family definition. It expands the ability to use paid sick days and paid leave by extending the sunset date from December 31, 2020, to December 31, 2021; ensuring that emergency FMLA doesn’t count against regular FMLA; adding job protection to paid sick days, and clarifying that employers can’t make employees substitute any existing paid time off. It increases wage replacement by clarifying that the emergency paid leave benefit cannot be less than the minimum wage, changing the paid leave aggregate limit from $10,000 to $12,000, eliminating the $200 per day limit on employer tax credits, and allowing self-employed people to use prior-year earnings to calculate their self-employment income for the credit. Finally, the bill expands access to public and nonprofit employees and state and local governments by allowing federal, state, and local governments to claim tax credits for paid sick days and paid family and medical leave, includes TSA and VA employees in the paid sick days provisions, and clarifies that nonprofits are covered.

BAD: The bill only appropriates $7 billion to stabilize our child care system, far below the $50 billion requested and needed to preserve the system long-term.

Civil Rights

GOOD: The text of the Jabara-Heyer NO HATE Act was included in the bill, requiring state and local governments to report hate crimes to the Department of Justice. Moreover, on May 14, Rep. Nita Lowey (D-NY) submitted an amendment adding important nondiscrimination protections to all coronavirus response legislation, thereby preventing denial of care or coverage “based on any factor that is not merit-based, such as age, disability, sex (including sexual orientation, gender identity, and pregnancy, childbirth, and related medical conditions), race, color, national origin, immigration status, or religion.”

Nutrition Assistance

GOOD: The bill boosts SNAP maximum benefits by 15 percent (provision expires September 30, 2021), increases the minimum monthly SNAP benefit from $16 to $30, and suspends certain SNAP administrative rules that would terminate or weaken benefits. Additional appropriations would include $1.1 billion to provide access to nutritious foods to low-income pregnant women or mothers with young children who lose their jobs or are laid off due to the COVID-19 emergency, $150 million to help local food banks meet the increased demand for low-income Americans during the emergency, and $3 billion in additional funding to provide emergency financial relief to school meal providers.

Domestic Violence

GOOD: The bill includes domestic violence and sexual assault advocates as essential workers. It also offers $100 million to address important priorities, including $30 million for grants to combat violence against women, $15 million for transitional housing assistance grants, $15 million for sexual assault victims assistance, $10 million for rural domestic violence and child abuse enforcement assistance, $10 million for legal assistance for victims, $4 million for assistance to tribal governments, and $16 million to support families in the justice system.

Human Needs

GOOD: The bill gives a $1,200 refundable tax credit for each family member paid out in advance payments, similar to the Economic Impact Payments in the CARES Act. The credit is $1,200 for a single taxpayer ($2,400 for joint filers), in addition to $1,200 per dependent up to a maximum of 3 dependents. The credit phases out starting at $75,000 of modified adjusted gross income ($112,500 for head of household filers and $150,000 for joint filers) at a rate of $5 per $100 of income.

Federal Courts

Senate Judiciary Committee advances biased, inexperienced nominee

On May 14, the Senate Judiciary Committee voted along party lines (12-10) to advance Stephen Schwartz’s nomination to the full Senate for consideration. Schwartz is nominated to a fifteen-year term on the US Court of Federal Claims and has spent his career thus far attempting to curb LGBTQ, women’s, immigration, and voting rights. Like many of President Trump’s judicial nominees, Schwartz has a history of extremely controversial writings on topics related to health care (including abortion), governmental authority, affirmative action, and beyond. During a previous debate on Schwartz’s nomination, Sen. Dianne Feinstein (D-CA) read a portion of NCJW’s opposition letter into the record.

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

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

On May 20, the Senate Judiciary Committee will hold 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. 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 this powerful 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 attempts to dismantle it. The Committee is expected to hold a markup and vote on Walker’s nomination 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 the chance.

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

Voter Engagement 

#VoteSafe on May 20
NCJW and AEPhi’s #VoteSafe Digital Lobby Day is around the corner! Join us on May 20 from 12:00-5:00 pm ET to urge lawmakers to appropriate $4 billion in funding to the states for safe elections. Sign up today!

Economic Justice 

Mass digital mobilization on June 20

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. 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.

Sign-On Letters

• Before the HEROES Act was introduced this week, NCJW sent a letter to House Democratic leadership urging them to include our priorities in the bill.
• NCJW joined 18 advocacy organizations representing the interests of LGBT people on a letter urging the Senate Judiciary Committee to oppose the nomination of Cory Wilson to the US Court of Appeals to the Fifth Circuit.
• NCJW joined 223 organizations in a letter to the Department of Labor (DOL) calling on the agency to clarify its guidance on the federal laws that protect workers from losing their unemployment insurance (UI) or Pandemic Unemployment Assistance (PUA) benefits when they are called back to jobs that are unsafe due to COVID-19 and urging DOL to aggressively enforce these workers’ right to refuse to return to workplaces that are hazardous to their health and well-being.
• NCJW joined 44 organization in a letter to Speaker of the House Nancy Pelosi urging her to increase funding to stabilize our child care system in the HEROES Act.

Amicus Briefs

• NCJW joined 80 other organizations on an amicus curiae (friend of the court) brief in California v. Texas, a case before the US Supreme Court aiming to uphold the Affordable Care Act’s individual coverage mandate.

Lawmakers urge leadership to protect access to reproductive health care

On May 7, Reps. Ayanna Pressley (D-MA), Veronica Escobar (D-TX), Barbara Lee (D-CA), and Jan Schakowsky (D-IL) led more than 155 of their colleagues on a letter urging House Democratic leadership to block efforts to restrict access to reproductive health care in future coronavirus response legislation. The letter noted that previous relief packages have included the Hyde Amendment, a discriminatory measure denying insurance coverage of abortion in federal health programs. In April, NCJW sent its own letter asking congressional staff to address this issue and to incorporate other critical priorities to protect women, children, and families in the next phase of response legislation. NCJW knows that abortion isn’t a right if you can’t access it and supports the EACH Woman Act to ensure that everyone has coverage for this basic health care no matter how much they earn, how they are insured, or where they live.

• Take Action! Urge Congress to include NCJW priorities in the next coronavirus relief package.

Birth control access returns to SCOTUS

On May 6, the Supreme Court heard oral arguments in Little Sisters of the Poor v. Pennsylvania and Trump v. Pennsylvania, two very important cases that NCJW is watching this term. Unsurprisingly, the Justices appeared divided on the question of whether employers and universities can refuse to cover birth control as part of their health insurance under the guise of religious or moral objections and frustrated that the parties could not reach a compromise without the Court’s intervention. Justice Ruth Bader Ginsburg condemned the contested Trump administration regulations from her hospital room in Baltimore, noting that the rules “tossed entirely to the wind what Congress thought was essential, that women be provided [birth control] services with no hassle, no cost to them.” NCJW advocates from across the country joined a digital rally ahead of oral arguments, hearing from storytellers and activists including CEO Sheila Katz. NCJW was also proud to lead faith-based organizations on an amicus brief in these cases and to offer this toolkit for people of faith to take action. After nearly a decade of legal back-and-forth, NCJW urges the Court to finally affirm that everyone deserves access to birth control, no matter where they work or go to school.

 Senate returns to DC for unnecessary hearing on McConnell’s family friend

Despite ongoing health and safety concerns, the Judiciary Committee held a hearing on May 6 on the nomination of Justin Walker to the US Court of Appeals for the District of Columbia Circuit. Walker was nominated for this powerful 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 attempts to dismantle it. At the hearing, Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA) acknowledged NCJW’s opposition to Judge Walker for this and other reasons. During his hearing, Judge Walker refused to recuse himself from cases concerning the ACA despite making his personal views on the law widely and frequently known.  NCJW strongly opposes Walker’s nomination and co-sponsored a digital rally urging senators to do the same. Click here to watch NCJW Chief Policy Officer Jody Rabhan deliver powerful remarks alongside US senators and other important progressive leaders.  

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

Senate Judiciary Committee to vote on biased, inexperienced nominee

On May 14, the Senate Judiciary Committee will hold a markup and vote on a number of federal court nominees including Stephen Schwartz, nominated to a fifteen-year term on the US Court of Federal Claims. NCJW strongly opposes Schwartz, who has a career-long record of attempting to curb LGBTQ, women’s, immigration, and voting rights. Like many of President Trump’s judicial nominees, Schwartz has a history of extremely controversial writings on topics related to health care (including abortion), governmental authority, affirmative action, and beyond. During the last debate on Schwartz’s nomination, Sen. Dianne Feinstein (D-CA) read a portion of NCJW’s opposition letter into the record.

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

#CourtsMatter to executive power: SCOTUS tosses Bridgegate conviction

On May 7, the US Supreme Court issued a unanimous decision in Kelly v. US, one of the cases that NCJW is watching this term. Informally known as the “Bridgegate case,” it concerns the conviction and sentencing of Bridget Kelly, who served as deputy chief of staff to former New Jersey governor Chris Christie. Kelly was convicted and sentenced to 18 months in prison for the decision to change the traffic patterns on the George Washington Bridge, creating gridlock in nearby Fort Lee, New Jersey. Officials cited a traffic study to justify the change, but prosecutors say that the real reason was a desire to punish the city’s mayor for not endorsing Christie’s re-election bid. Writing for the Court, Justice Kagan held that because the scheme in question did not aim to obtain money or property, there was no violation of federal-program fraud or wire fraud laws. The Court acknowledged Kelly’s abuse of power, but noted that “not every corrupt act by state or local officials is a federal crime.” NCJW applauds the Supreme Court’s adherence to precedent but believes that a key limit of executive power is a public official’s duty to be truthful about why policies are implemented.

Equal Employment Opportunity Commission Delays Data Collection

On May 7, The Equal Employment Opportunity Commission (EEOC) announced that they will delay EEO-1 Component 1 information collection until March 2021. EEO-1 Component 1 asks businesses with over 100 employees and federal contractors with at least 50 employees and a contract of $50,000 or more with the federal government to report their employees sorted by job category, race, ethnicity, and gender to help the EEOC better understand the racial, ethnic, and gender makeup of the workforce by classification, industry, and geography. It also helps the EEOC review a company’s diversity when the agency investigates a claim. Data on federal contractors is shared with the Office of Federal Contract Compliance Programs for their use in ensuring that federal contractors comply with nondiscrimination laws and regulations. EEO-1 Component 1 plays an important role in uncovering and combating discrimination and delaying its collection will harm women and people of color in the workforce, especially as people of color and women make up the majority of essential workers facing the current pandemic. NCJW supports the timely collection of EEO-1 Component 1 data. 

Administration rolls back Title IX protections

On May 6, US Department of Education Secretary Betsy DeVos issued a Title IX final rule that rolls back protections for survivors by significantly narrowing the definition of sexual harassment and limiting the cases for which schools are responsible. Though Title IX prohibits sex discrimination in educational institutions that receive federal funding, the new rule would instead require schools to ignore many reports of sexual harassment, require schools to use procedures that treat victims unfairly and make it harder for survivors to come forward, and allow religious schools to discriminate on the basis of sex. In the midst of a health care pandemic, when the administration should be providing much-needed resources and relief for students, they are instead taking action to make schools less safe. The rule is expected to go into effect on August 14. NCJW submitted a comment opposing the rule when it was proposed and issued a press statement highlighting the rule’s shocking disregard for survivors of sexual violence.

Sign-on letters:

• Forty organizations sent a letter to Senate Majority Leader Mitch McConnell (R-KY) and Senate Judicial Committee Chair Lindsey Graham (R-SC) urging a cessation of the consideration of lifetime judicial nominees at a time when a continued focus on support and resources to address the COVID-19 pandemic should be paramount.
• Thirty faith organizations on behalf of the Faithful Democracy coalition sent a letter to members of Congress urging funding and priorities to protect upcoming elections in the next COVID response package.
• 284 organizations sent a letter to Health and Human Services Secretary Azar urging him to restore access to the Affordable Care Act for DACA recipients.
• 52 organizations sent a letter to Congressional leadership urging Congress to take immediate and comprehensive action to ensure equal educational opportunity during the COVID-19 public health crisis and beyond.

Senate returns in midst of pandemic to consider unqualified, anti-healthcare judge

Despite health and safety concerns and the District of Columbia’s stay-at-home order, the Senate is expected to gavel into session on Monday, May 4. Rather than passing legislation to protect Americans from COVID-19, however, Senate Majority Leader Mitch McConnell (R-KY) plans to “start confirming judges again.” Specifically, the Senate Judiciary Committee has scheduled a hearing for Wednesday, May 6, which is expected to include Justin Walker, nominee to the US Court of Appeals for the District of Columbia Circuit. Walker, 38, was nominated for this powerful appeals court exactly three weeks after being sworn in as a district court judge — a position for which he was rated “Not Qualified” by the nonpartisan American Bar Association last year. Walker has repeatedly praised Justice Brett Kavanaugh, for whom he once served as a law clerk, for his criticism of the ACA and attempts to dismantle it. NCJW strongly opposes Walker’s nomination and condemns Senate leadership’s irresponsible decision to risk the health of Senators, staff, and others in order to advance it.

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

Join us for a digital rally for birth control access!

On May 6, the Supreme Court will hear oral arguments Little Sisters of the Poor v. Pennsylvania and Trump v. Pennsylvania, two very important cases that NCJW is watching this term. The Justices will decide whether employers and universities can refuse to cover birth control as part of their health insurance under the guise of religious or moral objections. NCJW was proud to lead faith-based organizations on an amicus brief in these cases and to offer this toolkit for people of faith to take action. While we can’t be together at the Court for oral arguments, advocates from across the nation will gather for a digital rally from 3:00-4:30 pm ET on May 5. NCJW CEO Sheila Katz will be speaking as a representative of the faith community to make it clear that a person’s ability to access birth control should not be dependent on the religious views of their employer or educational institution. Register here to receive a Zoom link for the rally 24 hours in advance or livestream the event on Facebook here. After nearly a decade of legal back-and-forth, NCJW urges the Court to finally affirm that everyone deserves access to birth control, no matter where they work or go to school.

SCOTUS dismisses gun case; Kavanaugh promises different result next time

On April 27, the US Supreme Court issued a decision in  New York State Rifle & Pistol Association v. City of New York, one of the cases that NCJW is watching this term. The case challenged now-repealed New York City regulations limiting locations to which holders of a “premises license” could transport their handguns both within and outside of the city. Despite the fact that the rules are now repealed, the NRA hoped to use this case to roll back gun safety legislation nationwide. In a per curiam opinion, the Court ruled that the case was moot, meaning there was no dispute left to be resolved. Justice Kavanaugh wrote separately to indicate that while he agreed that the question at hand was moot, he also agreed with Justice Alito’s dissenting opinion that the regulations would have violated Second Amendment protections. He wrote that the Court should address these concerns “soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.” Unlike Justice Kavanaugh, NCJW supports policies that regulate firearms to promote gun safety.

And, NCJW joined sign-on letters related to the coronavirus:

• More than 260 organizations sent a letter to Education Secretary Betsy DeVos demanding the retraction of her most recent guidance to exclude undocumented students, including DACA recipients, from accessing over $6 billion the federal government directed to colleges and universities.
• 44 organizations sent a letter to Congressional leadership calling on them to include support for young people newly seeking employment (such as soon-to-be high school and college graduates) in the next response package.
• 118 organizations sent a letter to Congressional leadership strongly opposing any proposal to give businesses immunity from potential liability for exposing workers or customers to COVID-19.
• More than 200 organizations sent a letter to members of Congress asking them to pass the COVID-19 Every Worker Protection Act of 2020, which would require the Occupational Health and Safety Administration to develop standards businesses must follow to protect workers who must go into work from exposure to COVID-19.
• 24 (and counting) organizations sent an open letter to the Senate urging them to prioritize pandemic response measures over anti-healthcare judicial nominees.

COVID-19 package 3.5 passes Congress

This week, the House and Senate passed another piece of legislation to address the ongoing COVID-19 crisis, The Paycheck Protection Program, and Health Care Enhancement Act. Informally referred to as “Phase 3.5,” the bill appropriates an additional $484 billion to help stimulate the economy, support business, and boost the nation’s health care system in the face of the pandemic. Specifically, the bill puts an additional $310 billion into the Paycheck Protection Program, which offers small businesses forgivable loans to maintain payroll and other costs; provides $50 billion in economic disaster relief for small businesses; and appropriates $75 billion for hospitals and health care providers and $25 billion for researching, manufacturing and administering COVID-19 tests. While we’re grateful Congress included critical measures in this bill for small businesses and health care workers, we look forward to working with them on the next package to ensure additional relief for women, children, and families. NCJW will continue to push Congress to consider women, children, and families in future coronavirus relief packages and incorporate critical NCJW priorities around all the issues we care about.

• Take Action! Click here to tell your members of Congress to include NCJW priorities in the next coronavirus relief package.

Trump issues new immigration ban

On April 22, President Trump signed a presidential proclamation temporarily banning green cards for certain groups of people outside the United States. Family members of permanent residents, parents, and siblings of US citizens, and thousands of people who access visas as part of the diversity visa lottery are banned for at least 60 days. While Trump made an argument that the ban will protect workers, given the populations impacted, it’s clear this was just a way to subvert Congress and further limit legal immigration to the US. Faith communities, including NCJW, labeled this move a national disgrace.  

 Protecting abortion access during a pandemic

In the midst of an unprecedented public health crisis, hostile state officials continue to exploit the pandemic to further a decades-long coordinated campaign to restrict abortion rights and access. Providers in eight states (Texas, Oklahoma, Louisiana, Ohio, Alabama, Arkansas, Iowa, and Tennessee) have gone to court on behalf of patients facing canceled appointments and unconscionable delays in accessing time-sensitive care. NCJW recently joined 20 other women’s and civil rights organizations on an amicus brief in the Alabama case arguing that the state’s order is an undue burden on the constitutional right to abortion and that it disproportionately harms marginalized communities, including low-income communities, women of color — in particular, Black women — minors, the LGBTQIA+ community, and victims of domestic and sexual violence. Legal whiplash in the Texas case has also attracted a great deal of attention as the Fifth Circuit Court of Appeals ruled against providers four different times in three weeks before the state’s order expired on April 22. It remains to be seen how state efforts to reopen and relax restrictions will impact abortion care. At NCJW, we have advocated for access to abortion as a critical component of sexual and reproductive health care for over a century. Medical practice and Jewish sources firmly position abortion as essential, time-sensitive health care, a decision to be made in consultation with one’s provider and family.

• Take Action! Share our Facebook and Twitter posts to say loud and clear that abortion should be protected in this critical time and always.

Anti-health care judicial nominees Wilson and Walker to be prioritized by Senate

In the midst of the coronavirus pandemic, President Trump announced his intent to nominate Cory Wilson to the US Court of Appeals for the 5th Circuit, which includes Louisiana, Mississippi, and Texas, as well as Justin Walker to the US Court of Appeals for the District of Columbia Circuit. 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. Walker, who was rated “Not Qualified” by the nonpartisan American Bar Association last year, has repeatedly praised Justice Brett Kavanaugh for his criticism of the ACA and attempts to dismantle it. Senate Majority Leader Mitch McConnell (R-KY) has made it clear that, despite the pandemic, judicial nominations will be his first priority when the Senate returns from recess, which is expected to be May 4. NCJW strongly opposes the nominations of Wilson and Walker.

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

SCOTUS to hear contraception case over the phone

After delaying in-person oral arguments because of coronavirus and facing backlash from legal advocates encouraging digital hearings, the US Supreme Court announced last week that it would hear oral arguments by telephone in a limited number of previously postponed cases. This is the first time in the Court’s history that oral arguments will take place over the phone, and these arguments will span a total of ten hours over six days in May. A live audio feed of the arguments will be made available to media. Among the cases that will have telephonic arguments on May 6 are the consolidated cases of Little Sisters of the Poor v. Pennsylvania and Trump v. Pennsylvania, which center around the administration’s efforts to decimate the Affordable Care Act’s birth control benefit. NCJW, alongside Catholics for Choice, recently led faith-based organizations on an amicus brief arguing that people of diverse beliefs and traditions support access to contraception as religious liberty and moral right.

EEOC moves forward with plans to stop collecting pay data

On March 23, the Equal Employment Opportunity Commission (EEOC) issued a notice indicating that it planned to stop requiring covered employers to submit data on employees’ W-2 earnings and hours worked by pay band, as well as sex, race, ethnicity and job category. This pay data is critically important in helping to identify compensation discrimination, improving enforcement of pay discrimination laws, and promoting self-analysis and compliance by reporting employers — all of which are particularly relevant during our current national health and economic crisis. People of color and women make up the majority of essential workers facing the current pandemic, and the crisis has emphasized how lost earnings due to pay gaps hurt women of color in particular. Ensuring equal pay, and women and families’ economic security, is more important than ever; continuing to require employers to share pay data will play an important role in uncovering and combating pay discrimination, a crucial factor driving gender and racial wage gaps. NCJW submitted a comment to the EEOC calling on them to continue the pay data collection.

11th Circuit rules in pregnancy discrimination case

On April 17, the US Court of Appeals for the 11th Circuit ruled in a closely watched pregnancy discrimination case, Durham v. Rural/Metro Corp. When Kimberlie Michelle Durham, a pregnant EMT, requested accommodation for a heavy lifting restriction imposed by her doctor, her employer refused despite maintaining a policy of providing temporary modified duty assignments to EMTs injured on the job. Durham sued, claiming her employer violated the Pregnancy Discrimination Act; the district court threw out her case, holding that she had not proven that she was similarly situated to other employees in their ability or inability to work, as required by the US Supreme Court case Young v. UPS. Durham appealed to the 11th Circuit, which held that Durham did prove that she was similarly situated to other employees in their ability or inability to work, and sent the case back to the district court for further consideration. Durham’s case highlights the uncertainty surrounding the standard set in Young v. UPS and the ongoing need to pass the Pregnant Workers Fairness Act (HR 2694) to set a national standard for pregnancy accommodation. NCJW supports the passage of the Pregnant Workers Fairness Act.

NCJW launches Digital Lobby Day on May 20

Mark your calendars! NCJW, AEPhi, and additional partners are hosting a voting rights digital lobby day on May 20. Given efforts to use the COVID-19 pandemic as a voter suppression tool (see Wisconsin for the most recent case in point) and a patchwork of state laws related to voting rights, people are being forced to choose between their physical safety and their democratic rights. This is a false choice! In advance of the second “Super Tuesday” on June 2 and the next COVID package (“package 4”), join us to urge our federal lawmakers for $4 billion in funding for states to implement and/or expand voter registration, no-excuse absentee voting by mail, voter education, and safe in-person voting (including early voting) for remaining primaries and Election Day. More details coming soon!

And, NCJW joined important sign-on letters related to the coronavirus:

• Joined 20 other women’s and civil rights organizations on an amicus brief in Robinson et. al. v. Marshall arguing that Alabama’s order is an undue burden on the constitutional right to abortion and that it disproportionately harms marginalized communities, including low-income communities, women of color — in particular, Black women — minors, the LGBTQIA+ community, and victims of domestic and sexual violence.
• Joined a total of 112 organizations on a Leadership Conference for Civil and Human Rights letter to Congress sharing our economic security priorities for future COVID-19 legislation.
• Joined 783 organizations on an Alliance to End Hunger letter to Congress and the White House urging increased SNAP benefits in the next coronavirus bill.
• Joined more than 100 organizations on a DC Vote letter calling on Congress to remedy the fact that DC was funded as a territory instead of a state in the most recent coronavirus supplemental bill.
• Joined 184 organizations on a Family Equality Council letter to Congress urging that language be included in upcoming COVID-19 response legislation to ensure that discrimination is prohibited in all federally funded COVID-19 benefits and services.
• Joined 82 organizations on a National Women’s Law Center letter to the Equal Employment Opportunity Commission (EEOC) asking them to pause or delay the running of the period of time set forth by a statute of limitations to file discrimination lawsuits, charges, and other remedial actions during the crisis.
• Joined 452 organizations on a National Women’s Law Center letter to Congress urging them to appropriate at least $50 billion in total funding dedicated to child care to offer immediate relief to providers, educators, and families during the crisis.
• Joined 55 organizations on a Lawyers’ Committee for Civil Rights Under Law letter to the Office of Federal Contract Compliance Programs opposing their decision to temporarily exempt and waive certain affirmative action obligations for federal contracts (such as for the manufacturing of supplies) specifically related to providing coronavirus relief.
• Joined more than 100 organizations on a letter led by Alianza Americas urging Congress to include DACA recipients and TPS holders on the next COVID-19 supplemental bill.
• Joined over forty organizations on a statement outlining four principles for federal, state, and local courts to protect our civil and human rights and provide justice for all during this public health crisis. The principles were sent to the Judicial Conference of the United States, the National Center for State Courts (NCSC), and the Executive Office for Immigration Review (EOIR).

Continued attacks on abortion jeopardize access to care

On March 30, the US District Court for the Western District of Texas issued a temporary restraining order (TRO) blocking implementation of Governor Greg Abbott’s (R) executive order banning abortion care as “medically unnecessary” during the ongoing coronavirus pandemic. TROs were also issued against similar bans in Ohio and Alabama, recognizing the “irreparable harm” such restrictions would inflict on those seeking essential abortion care in these states. Unfortunately, less than 24 hours later, the US Fifth Circuit Court of Appeals allowed the Texas ban to go back into effect, leaving abortion providers to face $1,000 fines or jail time of up to 180 days. The deciding vote in the Fifth Circuit case was cast by Judge Kyle Duncan, who NCJW strongly opposed after President Trump nominated him in 2017. Some states continue to protect abortion access in the midst of this public health emergency while others have followed Texas, Ohio, and Alabama in attacking this time-sensitive procedure; notably, abortion rights groups have also filed lawsuits in Oklahoma and Iowa to block these actions. NCJW supports the outstanding work of our advocates and sections in Ohio and Texas and will continue to reinforce that both medical practice and Jewish sources firmly position abortion as essential health care.

• Take Action! Share our Facebook and Twitter posts to say loud and clear that abortion should be protected in this critical time and always.

Trump rejects special enrollment period

This week, a White House official informed Politico that the Trump administration has decided against opening a special enrollment period of the Affordable Care Act’s federal insurance exchange during the coronavirus pandemic. This would have made it much easier for the uninsured, including those who have recently lost their jobs, to find health coverage. Twelve states have recently reopened enrollment in their state-based marketplaces and the federal government has previously done so during emergencies like natural disasters. NCJW joined over 200 organizations on a letter urging the Department of Health and Human Services to create an Emergency, 60-Day Special Enrollment Period in both federal and state-based exchanges and is outraged by the Trump administration’s refusal to protect American health and lives by doing so.

Trump nominates anti-health care circuit judges amid global pandemic 

On March 30, President Trump announced that he would nominate Cory Wilson to the US Court of Appeals for the Fifth Circuit, which includes Louisiana, Texas, and Mississippi. Wilson had been under consideration for a federal district court judgeship in Mississippi until the administration tapped him for this higher position on the circuit court. On April 3, President Trump announced that he would nominate Justin Walker to the US Court of Appeals for the DC Circuit. Walker was sworn into the US District Court for the Western District of Kentucky exactly 3 weeks ago today by Justice Brett Kavanaugh, for whom he served as a law clerk. At any time, these nominees would be unacceptable, but in the middle of a national public health crisis, they are particularly abhorrent. 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. Walker has repeatedly praised Justice Brett Kavanaugh for his criticism of the ACA and attempts to dismantle it. Both nominees also have very troubling records that would make their nominations nonstarters even in normal times. Wilson frequently takes to Twitter to repeat partisan rhetoric; he has called a US Congresswoman a “claptrap,” complained about “Crooked Hillary,” and repeatedly disparaged President Obama. He once called Roe v. Wade the “result of a liberal activist court.” As a state legislator, he voted for a severely restrictive “heartbeat bill” that would ban abortion as early as six weeks into pregnancy. He voted to defund Planned Parenthood and for a bill that would allow public and private businesses to legally refuse service to LGBTQ people based on the owner’s religious belief. Wilson voted to authorize concealed carry of firearms on any public property as well as carry of firearms in places of worship. Walker was rated “Not Qualified” by the non-partisan American Bar Association (ABA) in July of 2019 after he was nominated to the district court. The ABA specifically noted that Walker lacks any significant trial experience. During the nomination process for now-Justice Brett Kavanaugh, Walker conducted 162 press interviews defending his former boss. He wrote in one article that Kavanaugh “would be a forceful conservative justice for decades to come.” NCJW strongly opposes the nominations of Cory Wilson and Justin Walker.

·        Take Action! Click here to learn more and tell your senators to oppose Wilson and Walker!

Federal judge orders release of ICE detainees

On March 31, a federal judge for the US District Court for the Middle District of Pennsylvania ordered the immediate release of 10 detainees in Immigration and Customs Enforcement (ICE) custody. The judge wrote that it would be “unconscionable and possibly barbaric” to continue to keep these chronically ill detainees in three facilities in Pennsylvania’s York, Clinton, and Pike counties. Another federal judge in New York City similarly ordered the release of a group of ICE detainees but the agency has still not altered its detention practices. NCJW calls on Congress and the administration to drastically reduce the overall population of people in immigration custody, including the over 38,000 immigrants in ICE custody, with a particular focus on “high risk” detainees with underlying medical conditions.

• Take Action! Urge Congress to include NCJW priorities — including those protecting immigrants — in the next coronavirus response package.

Important mail-in voting bill introduced

Sens. Amy Klobuchar (D-MN) and Ron Wyden (D-OR) recently introduced the Natural Disaster and Emergency Ballot Act of 2020, S 3529. The measure would ensure voters have 20 days of early voting in all states, require that all mail-in ballots submitted during the 21 days leading to an election be counted, and ensure that all voters have the option to request absentee ballots. Watch the senators discuss their bill on our NCJWebinar, Protecting and Promoting the Vote During a Pandemic, here. NCJW supports this effort to ensure states are prepared to deal with COVID-19 as they keep their elections running smoothly and securely.

 Equal Pay Day highlights how COVID-19 pandemic is a gendered crisis

This past Tuesday, March 31, was Equal Pay Day, the date that symbolizes how far into the year the average woman must work in order to earn what the average man earns in the previous year regardless of experience or job type. With women disproportionately on the frontlines as health care workers, food service workers, grocery store cashiers, and unpaid caregivers at home, Equal Pay Day demonstrates how this ongoing crisis is a gendered one. The gender pay gap is unacceptable at all times but especially when we’re in an economic crisis like this one. NCJW supports securing equal pay for women.

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

 And, NCJW joined important sign on letters related to the coronavirus:

• Joined 180 organizations on the ADL’s Joint Statement of Solidarity by Jewish Communal Organizations urging kindness and unity in the midst of the pandemic.
• Joined over 60 organizations on URGE: Unite for Reproductive and Gender Equity’s letter calling for immediate action during the COVID-19 public health crisis to center and support the most marginalized and system-impacted in our country.

Third COVID-19 supplemental passes Congress

This week, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (S 3548) after days of negotiations. The $2 trillion bill touched nearly every issue NCJW cares about in both positive and negative ways, listed below. Congress is expected to work on at least two to three additional supplemental bills in response to the pandemic.

Health Care

• GOOD: The Senate bill includes $180 billion to ensure that people on the front lines of the pandemic have the resources to prepare for, prevent, and respond to the crisis, including additional investments in community health centers, telemedicine, vaccine development, support for state and local governments’ prevention and response efforts, and the purchase of critical medical supplies.
• BAD: The Hyde Amendment is attached to $150 billion in state, local, and tribal coronavirus relief funds, meaning that governments can use this money for any response efforts related to the pandemic except funding abortion care. This is just another example of anti-abortion lawmakers and officials playing politics amidst a public health crisis and further restricting care — especially for low-income people, immigrants, and communities of color — when they should focus on expanding affordability and access

Economic Justice

• MIXED BAG: The bill does not improve upon the second supplemental, despite sustained advocacy. The bill retains the exclusion of employers with over 500 employees from the emergency paid sick and paid family and medical leave programs and the potential exemptions from these programs for employers with fewer than 50 employees. It also slightly expands those exclusions by granting the Office of Management and Budget (OMB) authority to exempt executive branch employees. The bill also does not close coverage gaps created by the second supplemental. For example, paid family and medical leave continues to be usable only for caring for a child whose school or place of care is closed due to a public health emergency, not caring for yourself or a loved one diagnosed and in quarantine or otherwise experiencing COVID-19 symptoms. However, the bill does clarify that employees laid off by their employer since March 1 and since rehired are eligible for the paid leave provisions, as long as they previously worked for their employer for 30 days.

Human Needs

• GOOD: The bill expands unemployment insurance provisions and makes serious investments in housing and homelessness, including additional appropriations through Emergency Solutions grants and the Runaway and Homeless Youth Act. Funding for Community Services Block Grants, Childcare Development Block Grants, and the Legal Services Corporation (which provides financial support for civil legal aid to low-income Americans) also increased. Direct payments — $1,200 for adults and $600 for children for those who filed taxes last year and meet the income requirements — will be sent to Americans across the nation.
• MIXED BAG: The bill includes $360 billion for payroll loans administered by the Small Business Administration for most small businesses and non-profits with fewer than 500 employees to access immediately, including Jewish communal organizations like synagogues, day schools, camps, etc. An initial provision specifically excluding non-profits receiving Medicaid funds from this program was removed from the final bill. However, the bill still gives the Small Business Administration broad discretion to exclude Planned Parenthood affiliates and other non-profits serving people with low incomes and to deny them benefits.

Voter Engagement

• MIXED BAG: The bill appropriates $400 million in election assistance for states to help prepare for the 2020 election cycle. This is higher than the initial bill’s total of $140 million, but falls short of the approximately $2 billion the Brennan Center for Justice has calculated is needed to adjust the country’s voting processes to allow the November elections to proceed.

Domestic Violence

• GOOD: The bill includes $45 million for the Family Violence Prevention and Services Act, with a match waiver, and $2 million for the National Domestic Violence Hotline.
• BAD: Unfortunately, significant gaps remain to meet needs of programs, advocates, and survivors and no specific sexual assault funding was included.

Immigration

• BAD: The bill excludes immigrants from testing and treatment coverage under Medicaid, and leaves work authorizations in jeopardy for immigrants with legal status under the Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) programs.

Nutrition Assistance

• GOOD: The bill includes $15.5 billion more for the Supplemental Nutrition Assistance Program (SNAP) to cover the projected increase in applications and the costs of relief authorized in R. 6201,
• BAD: Lawmakers missed this opportunity to include a 15 percent boost to the SNAP maximum benefit and increase the minimum monthly SNAP benefit to $30. 

SCOTUS decides 5 cases after postponing in-person arguments

On March 23, the US Supreme Court issued decisions in five cases, including Comcast v. National Association of African American-Owned Media, a case that NCJW has been watching. While the Justices typically read opinions aloud from the bench, this week’s decisions were released on the Court’s website in five-minute intervals in ascending order of the authoring justice’s seniority, which mirrors how decisions would be presented in person. In Comcast, the justices were asked to decide whether, in a certain type of racial discrimination claim, race must be the actual cause of the given injury or merely one motivating factor. In a unanimous opinion, the Court held that racism must be a “but-for” cause of the injury, thereby weakening the protections of Section 1981 of the Civil Rights Act of 1866. However, the Court declined to adopt the even more extreme positions advanced by Comcast in the case, and returned the case to the lower court to reevaluate the claims based on its new decision. NCJW is disappointed by the Court’s decision in this case, as it ignores the complicated nature of discrimination lawsuits. NCJW is concerned about the effect that this case will have on the future of discrimination claims.

President Trump closes border to asylum seekers

On March 20, the Centers for Disease Control and Prevention (CDC) issued an interim final rule allowing the US to turn away asylum seekers and anyone without papers from its borders. This rule is a de facto ban on asylum seekers, which runs counter to other US and international law. The restrictions will last 30 days, with the possibility of extension. NCJW condemns the way in which Trump is weaponizing the COVID-19 pandemic to achieve his policy objective to shut down the southern border to asylum seekers.

Abortion access threatened in hostile states

In response to the ongoing pandemic, state governors across the US are issuing directives and executive orders canceling all elective or medically unnecessary procedures and closing non-essential businesses. Officials in three states — Texas, Ohio, and Mississippi — have outrageously deemed abortion care non-essential while others — like those in California, Illinois, and New Jersey — are taking proactive steps to protect access to this critical time-sensitive procedure. On March 25, Planned Parenthood, the Center for Reproductive Rights, and the Lawyering Project sued Texas Governor Greg Abbott (R) to immediately block the ban from taking effect. Otherwise, national reproductive health, rights, and justice advocates have largely remained silent on these actions to allow those impacted to lead response efforts, to work with providers to determine if they can continue to serve their communities and to discourage additional states from restricting abortion access. NCJW supports the outstanding work of our advocates and sections in Ohio and Texas and will continue to reinforce that both medical practice and Jewish sources firmly position abortion as essential health care. 

Equal Pay Day is March 31

The ongoing pandemic has drawn renewed attention to the need to strengthen the economic security of American families, including by providing fair pay. With people nationwide losing jobs, hours, and health care, unable to take care of sick loved ones, the harms of pay discrimination are now more apparent than ever. This coming Tuesday, March 31, marks Equal Pay Day, the symbolic day each year that demonstrates how far into the year the average woman must work in order to earn what the average man earns in the previous year regardless of experience or job type. Pay discrimination puts some families & communities at an unfair disadvantage, especially in times of crisis. We need fair pay so underpaid workers & their families can get through crises without jeopardizing their safety & well-being. NCJW supports securing equal pay for women.

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

Looking for other ways to engage?

• Thanks to the more than 600 orgs/clergy (including many of you!) that signed NCJW and MAZON: A Jewish Response to Hunger’s Jewish Community Statement in support of expanded and increased nutrition assistance for food insecure people. It was sent to USDA, HHS, and ACL as well as every member of Congress. What’s next? A letter to governors and policymakers for individuals to join! We’re urging that they use every tool at their disposal to provide nutrition assistance for all those struggling with food insecurity in the wake of the COVID-19 crisis. They have the power to suspend work requirements, increase benefit amounts, expedite onerous applications for food assistance, and employ flexibility wherever possible. Add your name to this important effort by 5pm on March 31!
• As evidenced by the Senate bill, the critical needs of immigrant families have largely been ignored in coronavirus relief efforts. In response, the HEAL for Immigrant Women and Families coalition has launched a petition supporting health care access for all regardless of immigration status. Add your name here!

And, NCJW joined many sign on letters related to the coronavirus:

• Urging the Department of Health and Human Services to create an emergency, 60-day Special Enrollment period in both the nationwide and state-based insurance exchanges to allow the uninsured to find health coverage.
• Opposing the exclusion of non-profits receiving Medicaid funds from the new small business loan program in the Senate’s coronavirus response bill.
• Asking Congress to move legislation forward that includes least $150 billion in direct aid to states for fiscal relief as they deploy their resources to address critical health needs and absorb the related economic crisis.
• Urging the House and Senate to include three fixes for the immigrant community ahead of the third supplemental COVID-19 package.
• Endorsing a ‘Dear Colleague’ letter spearheaded by Rep. Cox (D-CA) calling on Congressional leadership to eliminate immigrant restrictions on COVID-19 testing.
• Asking the House and Senate to include changes to their supplemental package with regards to immigrants, the elections, and people with disabilities.
• Endorsing the PAID Leave Act to expand paid leave protections beyond what’s covered in the third COVID-19 supplemental package.
• Stating the ongoing and flexible support during this time from organizations and funders that fund nonprofits and efforts in Israel.
• Calling on the Department of Justice to immediately close immigration courts during the pandemic.