Federal Courts

Texas can ban common abortion procedure

Last week, the Fifth Circuit Court of Appeals upheld a Texas law banning the standard abortion method used after 15 weeks of pregnancy, dilation and evacuation (called D&E). Texas passed the law in 2017, and it was initially struck down by a three-judge panel of the Fifth Circuit. Texas then appealed the case to be heard en banc (which means that all judges in the circuit hear the case); nine judges ruled in favor of the ban, five dissented, and three were recused. It is likely the case will end up before the Supreme Court.

According to the American College of Obstetricians and Gynecologists, D&E is a standard medical procedure and safest form of abortion after approximately 15 weeks of pregnancy. It also results in fewer complications for women than other methods. The Texas ban will most harm women and pregnant people of color, who face additional barriers to accessing abortion care that can delay treatment until after 15 weeks. NCJW decries this ruling and will not stop our work to ensure that every single person can make their own moral and faith-informed decisions about their body, health, and future.

Remain in Mexico reinstated, for now

Earlier this month, a federal judge in Texas ruled that the Biden administration had ended the Trump-era Remain in Mexico program unlawfully. Remain in Mexico, formally known as the Migrant Protection Protocols (MPP), forced immigrants and asylum seekers to stay in Mexico — often in dangerous circumstances — for the duration of their legal process to enter the US. President Biden suspended the program his first day in office, then tried to end the program in early June. The Biden administration asked the court to put the ruling on hold while the case was appealed, but this week the Supreme Court ruled that the administration must reinstate Remain in Mexico. Justices Breyer, Sotomayor, and Kagan dissented from the ruling. NCJW urges the administration to act quickly to permanently end this harmful program.

Votes on judicial nominees expected following Senate recess

Three circuit court nominees supported by NCJW are awaiting Senate votes when they return from August recess: Chief Judge Gustavo Gelpí to the United States Court of Appeals for the First Circuit, Myrna Pérez to the United States Court of Appeals for the Second Circuit, and Veronica Rossman to the United States Court of Appeals for the Tenth Circuit. As a Puerto Rican jurist, Chief Judge Gelpí would bring a much-needed perspective to the federal judiciary. Pérez is widely considered one of our nation’s top legal minds on voting rights and has argued complex cases in federal and state courthouses across the country. And, Rossman has spent her career as a public defender, representing over 250 clients in the last 12 years.

Take Action! Urge your senators to support the nominations of Chief Judge Gelpí, Myrna Pérez, and Veronica Rossman.

Voting

John Lewis Voting Rights Advancement Act passes House

On August 24, the House of Representatives passed the John Lewis Voting Rights Advancement Act (HR 4) along party lines, 219-212. The bill will restore the essential portion of the Voting Rights Act that blocks discriminatory voting policies before they go into effect, putting a transparent process in place for protecting everyone’s freedom to vote. The bill now heads to the Senate, where its future is uncertain given that it does not have the 60 votes needed to overcome the filibuster. NCJW celebrated the passage of this essential bill.

March On for Voting Rights

On August 28, the 58th anniversary of Martin Luther King Jr.’s historic March on Washington, NCJW is joining March On, SEUI, National Action Network, and the Drum Major Institute for national action: March On for Voting Rights. We’ll gather in Washington, DC, Atlanta, Miami, and Phoenix — and other cities across the country — to demand that elected officials denounce voter suppression and ensure fair, easy access to the vote for all.

If you’re in the greater DC area, join us! NCJW leaders, staff, and advocates are meeting at 9:30 am by the Corner Bakery at Vermont Ave & K St NW. Look for our t-shirts and signs! The march then kicks off from McPherson Square at 9:45 am and ends with a rally on the National Mall (see the full route here).

Additional Updates

Reconciliation process begins

After Senate passage last week, the House of Representatives followed suit and passed the FY 2022 Budget Resolution on August 24. The resolution includes reconciliation instructions directing the federal government to make a $3.5 trillion investment to advance President Biden’s Build Back Better agenda. These instructions shape the final budget reconciliation bill, which needs only a simple majority of 51 votes to pass. Congressional committees have until September 15 to draft bill text, but we know it will include many NCJW priorities: expanding health care, implementing paid leave, fighting child poverty, investing in education, and creating a path to citizenship for millions of immigrant youth, people with Temporary Protected Status (TPS), farmworkers, and essential workers. NCJW cares deeply that these priorities become law.

• Take Action! Tell your senators that Congress must build an economy that helps families.

Federal Courts

Senate confirms public defender for a lifetime appointment

On August 7, the Senate confirmed Eunice Lee to the United States Court of Appeals for the Second Circuit, 50-47. Lee has spent her career ensuring her clients’ constitutional and statutory rights are protected throughout the criminal process, representing over 380 clients over the last 20 years as a public defender with the Office of the Appellate Defender in New York City. Lee is the only judge on the Second Circuit with experience as a public defender and the second Black woman to ever serve on the Second Circuit, diversifying the federal bench and better reflect the communities it serves. NCJW advocated for Lee’s appointment.

Circuit court nominees await Senate vote

There are three circuit court nominees supported by NCJW awaiting votes by the full Senate: Chief Judge Gustavo Gelpí to the United States Court of Appeals for the First Circuit, Myrna Pérez to the United States Court of Appeals for the Second Circuit, and Veronica Rossman to the United States Court of Appeals for the Tenth Circuit. As a Puerto Rican jurist, Chief Judge Gelpí would bring a much-needed perspective to the federal judiciary. Pérez is widely considered one of our nation’s top legal minds on voting rights and has argued complex cases in federal and state courthouses across the country. Rossman has spent her career as a public defender, representing over 250 clients in the last 12 years.

Take Action! Urge your senators to support the nominations of Chief Judge Gelpí, Myrna Pérez, and Veronica Rossman.

Federal judge undermines nondiscrimination protections in health care, again

On August 9, Judge Reed O’Connor of the US District Court for the Northern District of Texas issued yet another ruling impacting the interpretation of Section 1557 of the Affordable Care Act (ACA). This portion of the landmark health care legislation — which prohibits providers from discriminating against patients based on their gender identity or previous termination of a pregnancy — was decimated via a 2020 Trump-era regulation. Thankfully, the Supreme Court’s ruling in Bostock v. Clayton County, President Biden’s subsequent executive order, and Department of Health and Human Services (HHS) guidance interpreting Section 1557 to prohibit gender identity discrimination rendered the Trump administration’s actions largely moot.

Despite these developments, Judge O’Connor again concluded that this interpretation of Section 1557 violates the rights of Christian medical groups under the Religious Freedom Restoration Act. Further, the judge issued a permanent injunction blocking HHS Secretary Xavier Becerra and the agency from interpreting Section 1557 in this way, or enacting regulations that would mandate that states and providers involved in this specific case perform or provide insurance coverage for gender-affirming or abortion care according to patient needs and preferences. The practical effect of this ruling is unclear, as HHS has already announced its intent to revise and update the Trump-era rule implementing Section 1557. NCJW will continue to work to ensure LGBTQ equality and inclusion by supporting laws, policies, and programs that protect equal rights and opportunities for all people and to ensure the elimination of all forms of discrimination, especially those perpetrated under the guise of “religious liberty.”

Federal court rules Title IX protects students from discriminatory dress codes

On August 9, the Fourth Circuit Court issued an opinion in Peltier, et al v. Charter Day School, Inc., et al., a case in which three girls challenged North Carolina’s Charter Day School’s dress code, which requires girls to wear skirts to school while boys can wear shorts or pants. The court concluded that Title IX prohibits dress codes that discriminate on the basis of sex, but held the dress code could not be challenged as unconstitutional as the school is not a government entity. While charter schools are public schools, they are free of many of the rules and regulations traditional public schools must follow.

The case goes back to the district court to decide if the skirt requirement violates the law. NCJW joined an amicus brief in the case arguing the dress code promotes harmful policies that violates Title IX, including the false notions that girls should be passive and conform to specific sex stereotypes, and that such policies can be particularly harmful to people who are LGBTQ, transgender, and gender non-conforming.

Voting

March On for Voting Rights

On Saturday, August 28, March On, SEIU, National Action Network and the Drum Major Institute are organizing a “March On for Voting Rights” to demand that legislatures across the country end their push for restrictive voting laws and that Congress pass the For the People Act and the John Lewis Voting Rights Restoration Act. These critical bills will ensure free, fair access to the ballot for every American voter. Marches will be held in Atlanta, Houston, Miami and Phoenix, where voting rights are under attack, and in Washington, DC, where Congress is debating voting rights legislation. Learn how to get involved!

Additional Updates

FY 2022 Budget Resolution released

On August 10, the Senate passed the bipartisan infrastructure bill, titled the Infrastructure Investment and Jobs Act, which invests in physical infrastructure, including roads, rail, bridges, water, and broadband. The infrastructure bill now moves to the House, where a vote is anticipated in October at the earliest.

The infrastructure bill’s passage allowed the Senate to pivot to the FY 2022 Budget Resolution. This resolution includes reconciliation instructions directing the federal government to make a $3.5 trillion investment to advance President Biden’s Build Back Better agenda. These instructions shape the final budget reconciliation bill, which needs only a simple majority of 51 votes to pass. So what will be in this massive bill? While specifics are still to be determined, it includes many of NCJW priorities: expanding health care, implementing paid leave, fighting child poverty, investing in education, and creating a path to citizenship for millions of immigrant youth, people with Temporary Protected Status (TPS), farm workers, and essential workers. NCJW cares deeply that these priorities become law.

• Take Action! Tell your senators that Congress must build an economy that helps families.

Administration aims to address ghost guns

Ghost guns — unserialized and untraceable firearms and firearm building kits and parts sold online — are quickly becoming the weapon of choice for violent criminals, gun traffickers, dangerous extremists, and other people legally prohibited from buying firearms. The Bureau of Alcohol, Tobacco, Firearms, and Explosives issued a proposed rule that would help curb the proliferation of these firearms, which can be easily and quickly assembled and undermine all of the life-saving policies that NCJW advocates and state legislatures have worked hard to adopt. NCJW submitted a comment in support of the proposed rule. Use ours as a guide and submit your own by August 19 here!

Federal Courts

Critical committee vote on voting rights expert for Second Circuit

The Senate Judiciary Committee is expected to vote on the nomination of Myrna Pérez to the United States Court of Appeals for the Second Circuit on Thursday, August 5. Pérez is widely considered one of our nation’s top legal minds on voting rights. Her career is long and impressive — she has argued complex cases in federal and state courthouses all across the country, taught at both Columbia and New York University law schools, testified before Congress and several state legislatures on a variety of voting rights related issues, and frequently speaks on academic and bar association panels.
Take Action! Urge your senators to support the nomination of Myrna Pérez, particularly if they are members of the Senate Judiciary Committee.

Voting

March On for Voting Rights

On Saturday, August 28, March On, SEIU, National Action Network, and the Drum Major Institute are organizing a “March On for Voting Rights” to demand that legislatures across the country end their push for restrictive voting laws and that Congress pass the For the People Act and the John Lewis Voting Rights Restoration Act. These critical bills will ensure free, fair access to the ballot for every American voter. Marches will be held in Atlanta, Houston, Miami, and Phoenix, where voting rights are under attack, and in Washington, DC, where Congress is debating voting rights legislation. Learn how to get involved!

Additional Updates

New eviction moratorium announced

The federal moratorium on evictions — which has saved as many as 40 million Americans from eviction — ended on July 31. Though lawmakers approved $46.5 billion in rent assistance over the course of the pandemic, most of the funding has not been distributed by state and local governments to those in need. In June, the Supreme Court signaled in Alabama Association of Realtors v. HHS, that the Centers for Disease Control exceeded its authority when it extended the eviction moratorium to July 31 and would need legislation passed by Congress for an extension to August and beyond. Heeding calls to action by lawmakers and people around the country, the president announced a new federal eviction moratorium targeting counties with elevated rates of coronavirus infections. While not all renters facing eviction will benefit from the new policy, NCJW welcomes this step as the delta variant takes a greater hold on the country.

Bipartisan infrastructure deal advances in Senate

This week the Senate is looking to pass its bipartisan infrastructure bill, titled the Infrastructure Investment and Jobs Act, which invests in physical infrastructure, including roads, rail, bridges, water, and broadband.

The bipartisan infrastructure bill is one of two tracks being pursued by Senate Majority Leader Chuck Schumer (D-NY); the other track is the next COVID recovery package, which will be passed using a legislative procedure known as reconciliation. (A reconciliation bill only needs a simple majority, or 51 votes, to pass.) Senate Democrats on the Budget Committee released topline numbers on the recovery package in July, but progressive and moderate Democrats are far from the agreement — and the bill is not expected to garner any Republican support. The recovery bill will include “soft” infrastructure priorities, including paid leave, childcare, health care reforms, and a path to citizenship for certain categories of immigrants. NCJW cares deeply that these priorities become law, and we know that the only way to get both bills passed by a divided Democratic caucus is to pair them together. The next two weeks will be critical to the fate of both the bipartisan infrastructure and recovery bills.

Take Action! Tell your senators that Congress must pass a broad recovery package that helps women, children, and families alongside an infrastructure package.

Reproductive Health, Rights, and Justice

House passes appropriations bills without abortion coverage bans

This week, lawmakers in the House of Representatives achieved historic victories for reproductive freedom. On July 28, the House passed the FY22 State, Foreign Operations, and Related Programs spending bill (HR 4373), which would permanently repeal the global gag rule, remove Helms Amendment restrictions and make critical investments in family planning and reproductive health across the globe. The following day, the FY22 Labor, Health and Human Services, Education, and Related Agencies funding bill (HR 4502) was passed without the discriminatory Hyde Amendment, which denies abortion coverage to those enrolled in federal health plans and programs. NCJW is honored to celebrate these long-awaited achievements alongside our partners in the All* Above All coalition and women of color who have led the fight to end Hyde for over 40 years.

Take Action! Urge your lawmakers to permanently end Hyde by passing the Equal Access to Abortion Coverage in Health Insurance (EACH) Act (HR 2234/S 1021).

Federal Courts

Senate Judiciary Committee to vote on Myrna Pérez’s nomination

The Senate Judiciary Committee is expected to vote on August 5 to advance the nomination of Myrna Pérez for the United States Court of Appeals for the Second Circuit. Extraordinarily qualified with extensive experience both as a litigator and a legal academic, Pérez would be the only Latina on the court and the first since Supreme Court Justice Sonia Sotomayor was elevated to the US Supreme Court. NCJW strongly supports Myrna Pérez for the Second Circuit.

• Take Action! Contact your senators (especially if they sit on the Senate Judiciary Committee) in support of Pérez for a lifetime appointment to the federal bench.

Multiple nominees await confirmation vote in Senate

There are three circuit court nominees awaiting votes in the Senate: Chief Judge Gustavo Gelpí to the United States Court of Appeals for the First Circuit,  Eunice Lee to the United States Court of Appeals for the Second Circuit, and Veronica Rossman to the United States Court of Appeals for the Tenth Circuit. As a Puerto Rican jurist, Chief Judge Gelpí would bring a much-needed perspective to the federal judiciary. Additionally, Lee and Rossman have spent their careers as public defenders, with Lee representing more than 380 clients over the past 20 years and Rossman representing over 250 clients in the last 12 years. NCJW supports all three nominees for lifetime appointments to the federal bench.

• Take Action! Contact your senators in support of Gelpí, Lee, and Rossman today.

Voting Rights

March On for Voting Rights

On Saturday, August 28, March On, SEIU, National Action Network and the Drum Major Institute are organizing a “March On for Voting Rights” to demand that legislatures across the country end their push for restrictive voting laws and that Congress pass the For the People Act and the John Lewis Voting Rights Restoration Act. These critical bills will ensure free, fair access to the ballot for every American voter. Marches will be held in Atlanta, Houston, Miami and Phoenix, where voting rights are under attack, and in Washington, DC, where Congress is debating voting rights legislation. Learn how to get involved!

Revised voting bill?

Senate Democrats are meeting this week on a revised voting rights bill that follows a framework released by Sen. Joe Manchin (D-WV) last month. Early reports say the bill will address “election subversion” (when state officials override local election boards), gerrymandering, vote by mail, and automatic voter registration. It also may include a national voter ID requirement, which is extremely troubling as voter ID mandates disproportionately harm BIPOC voters. Draft legislation could be revealed later this week. NCJW will wait to see whether legislation is forthcoming, and what is in the bill, before taking a position.

Additional Updates

Bipartisan infrastructure deal advances in Senate

Senate negotiators announced this week that they reached a deal on the bipartisan infrastructure bill, which includes “hard” infrastructure priorities like roads, bridges, water, and transit. The $550 billion legislation, which passed a Senate procedural vote on July 28, follows weeks of negotiation. While details are still being finalized, most pundits think it is likely to pass.

The bipartisan infrastructure bill is one of two tracks being pursued by Senate Majority Leader Chuck Schumer (D-NY); the other track is the next COVID recovery package, which will be passed using a legislative procedure known as reconciliation. (A reconciliation bill only needs a simple majority, or 51 votes, to pass.) Senate Democrats on the Budget Committee released topline numbers on the recovery package two weeks ago, but progressive and moderate Democrats are far from agreement — and the bill is not expected to garner any Republican support. The recovery bill will include “soft” infrastructure priorities, including paid leave, childcare, health care reforms, and a path to citizenship for certain categories of immigrants. NCJW cares deeply that these priorities become law, and we know that the only way to get both bills passed by a divided Democratic caucus is to pair them together. The next two weeks will be critical to the fate of both the bipartisan infrastructure and recovery bills.

• Take Action! Tell your senators that Congress must pass a broad recovery package that helps women, children, and families alongside an infrastructure package.

AG rolls back Trump-era precedent harming survivors of domestic violence

Attorney General Merrick Garland overturned a Trump-era asylum precedent that undermined protections for survivors of domestic violence and other gender-related persecution on July 27. This means judges can no longer use this precedent to prejudge and wrongly deny asylum cases involving women, children, and families escaping violence in their homes and communities. NCJW signed on to a letter urging the Biden Administration to make this and other reforms to our nation’s asylum system.

Federal Courts

Astounding well-qualified nominee awaits advancement out of committee.

The Senate Judiciary Committee is expected to vote on August 5 to advance Myrna Pérez for the United States Court of Appeals for the Second Circuit. Extraordinarily qualified with extensive experience both as a litigator and a legal academic, Pérez would also be the only Latina on the court. The first since Supreme Court Justice Sonia Sotomayor was elevated to the US Supreme Court. NCJW strongly supports Myrna Pérez for the Second Circuit.

• Take Action! Contact your senators (especially if they sit on the Senate Judiciary Committee) to support Pérez for a lifetime appointment to the federal bench.

Multiple nominees await confirmation vote in Senate

Three circuit court nominees are awaiting a cloture vote on the Senate floor: Chief Judge Gustavo Gelpí to the US Court of Appeals for the First Circuit, Eunice Lee to the United States Court of Appeals for the Second Circuit, and Veronica Rossman to the United States Court of Appeals for the Tenth Circuit. As a Puerto Rican jurist, Chief Judge Gelpí would bring a much-needed perspective to the federal judiciary. Additionally, Lee and Rossman have spent their careers as public defenders, with Lee representing more than 380 clients over the past 20 years and Rossman representing over 250 clients in the last 12 years. NCJW strongly supports all three nominees for lifetime appointments to circuit courts.

• Take Action! Contact your senators in support of Gelpí, Lee, and Rossman today.

Voting Rights

March On for Voting Rights

On Saturday, August 28, March On, SEIU, National Action Network, and the Drum Major Institute are organizing a “March On for Voting Rights” to demand that legislatures across the country end their push for restrictive voting laws and that Congress pass the For the People Act and the John Lewis Voting Rights Restoration Act. These critical bills will ensure free, fair access to the ballot for every American voter. Marches will be held in Atlanta, Houston, Miami, and Phoenix, where voting rights are under attack, and in Washington, DC, where Congress is debating voting rights legislation. Sign up to take part in a march near you, and stay tuned for more resources!

Reproductive Health, Rights, and Justice

House to consider funding bills

Next week, the full House of Representatives will consider seven appropriations bills on the floor, including those funding Labor, Health and Human Services, Education, and Related Agencies (Labor-H) as well as Financial Services and General Government (FSGG). As a reminder, for the first time in over 40 years, Hyde Amendment language has been removed from these bills; this means that there is no ban on Medicaid, Medicaid, or Children’s Health Insurance Program coverage of abortion care in the Labor-H bill or ban on the Distrct of Columbia using its own funds to cover abortion care in its Medicad program in the FSGG bill. Now, lawmakers must reject attempts by anti-abortion lawmakers to add these discriminatory and immoral restrictions back into the bills on the floor. NCJW supports the passage of clean appropriations bills without abortion coverage bans to ensure respect, dignity, and equal access to the resources necessary to control our bodies, families, and futures.

• Take Action! Urge your lawmakers to pass clean appropriations bills without abortion coverage restrictions.

Federal Courts

Judicial nominee committed to justice for all set to advance in committee

The Senate Judiciary Committee is expected to vote on whether to advance the nomination of Myrna Pérez for the United States Court of Appeals for the Second Circuit. Extraordinarily qualified with extensive experience both as a litigator and a legal academic, Pérez would also be the only Latina on the court and the first since Supreme Court Justice Sonia Sotomayor. NCJW strongly supports Myrna Pérez for the Second Circuit.

• Take Action! Contact your senators (especially if they sit on the Senate Judiciary Committee) in support of this incredible nominee.

Three highly qualified nominees await vote in Senate

On July 22, the Senate Judiciary Committee advanced the nomination of Chief Judge Gustavo Gelpí to the US Court of Appeals for the First Circuit out of committee for consideration by the full Senate (12-10). As a Puerto Rican jurist, Chief Judge Gelpí would bring a much-needed perspective to the federal judiciary. His nomination joins Eunice Lee to the United States Court of Appeals for the Second Circuit and Veronica Rossman to the United States Court of Appeals for the Tenth Circuit, who are both awaiting a vote by the full Senate as well. Both Lee and Rossman have spent their careers as public defenders, with Lee representing more than 380 clients over the past 20 years and Rossman representing over 250 clients in the last 12 years. NCJW strongly supports all three nominees for lifetime appointments to the federal bench.

• Take Action! Contact your senators in support of Gelpí, Lee, Rossman, and other nominees supported by NCJW.

Voting Rights

March On for Voting Rights

On Saturday, August 28, March On, SEIU, National Action Network and the Drum Major Institute are organizing a “March On for Voting Rights” to demand that legislatures across the country end their push for restrictive voting laws and that Congress pass the For the People Act and the John Lewis Voting Rights Restoration Act. These critical bills will ensure free, fair access to the ballot for every American voter. Marches will be held in Atlanta, Houston, Miami and Phoenix, where voting rights are under attack, and in Washington, DC, where Congress is debating voting rights legislation. To learn more about the March On for Voting Rights, visit www.marchonforvotingrights.org. Stay tuned for how to get involved with NCJW!

Additional Updates

Executive action on minimum wage

This week marks 12 years since the last increase to the federal minimum wage (currently $7.25 per hour), the longest the nation has ever gone without an update. The Biden administration announced its intent to increase the minimum wage for federal contractors to $15 per hour beginning January 30, 2022, and index it to inflation. It would also eliminate subminimum wages for federal contractors. This is an important step, and puts pressure on Congress to pass legislation increasing the federal minimum wage for workers across the country. NCJW supports the Raise the Wage Act (HR 603/S 53), which would increase the minimum wage for all workers to $15 per hour. The bill passed the House of Representatives last Congress.