New campaign seeks support for expanded Supreme Court
Breaking Legal News
A couple of liberal Harvard law professors are lending their name to a new campaign to build support for expanding the Supreme Court by four justices in 2021.
The campaign, calling itself the 1.20.21 Project and being launched Wednesday, also wants to increase the size of the lower federal courts to counteract what it terms "Republican obstruction, theft and procedural abuse" of the federal judiciary. This includes the recent near party-line confirmation of Justice Brett Kavanaugh that cemented a conservative majority on the Supreme Court.
It is premised on Democratic victories in next month's elections and the 2020 presidential contest that could leave Democrats in charge of Congress and the White House in 2021, a possibility but by no means a sure thing. Additional justices nominated by a Democrat could change the court's ideological direction.
Harvard professors Mark Tushnet and Laurence Tribe are joining an effort being led by political scientist Aaron Belkin. He was a prominent advocate for repealing the "don't ask, don't tell" policy that prohibited LGBT people from serving openly in the military.
The Kavanaugh confirmation was the culmination of a process that started with Republicans blocking many of President Barack Obama's nominees to lower courts and then refusing to consider his Supreme Court nomination of Judge Merrick Garland in 2016, Belkin said. President Donald Trump's victory in November 2016 allowed him to fill the high court vacancy with Justice Neil Gorsuch.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.