#TalkRadio – July 2: Supreme Injustice: The Undermining of American Democracy: Trump Immunity, Chevron Doctrine, and Grant Pass Decision

SPEAKERS:

Will Knight (he/him): 12:00 PM – 12:57 PM ET (for a 15-30 minute segment)
Decriminalization Director at the National Homelessness Law Center; Organization Twitter: @homeless_law

Donald Whitehead: 12:00 PM – 12:57 PM ET
Executive Director of the National Coalition for the Homeless; Personal Twitter: @DWhitehead2020; Organization Twitter: @NationalHomeles

Lisa Graves, Esq.: 12:00 PM – 12:57 PM ET
Host of Grave Injustice, the new podcast from Courier News and Court Accountability about the out-of-control Supreme Court; Graves is one of the nation’s foremost experts on how right-wing special interests have captured the U.S. Supreme Court. She previously served as Deputy Assistant Attorney General in the Office of Legal Policy at the Justice Department, as Chief Counsel for Nominations for the Senate Judiciary Committee’s Chair, as the Deputy Chief of the Article III Judges Division of the Administrative Office for the U.S. Courts, and in other posts. She leads True North Research, the sister research arm of Court Accountability.

Maggie G.: 12:00 PM – 12:57 PM ET
As she is experiencing homelessness and has asked that we protect her privacy, we’ll be referring to her only as Maggie G. Maggie G. is an advocate for homeless people who travels throughout the country and has advocated for Jefferson, County Washington to give back a van to a homeless man which they took this winter, resulting in him getting permanent housing, and helped a woman who got kicked out of  theSalvation Army in winter in a wheelchair; resulting in her also obtaining permanent supportive housing. Maggie G. became unhoused at the end of 2019 when rent tripled in Eugene, Oregon and then went to Portland but found no affordable housing available. It was then that she became active in trying to increase housing inventory at county, city, and state level. She went to a relative for a short stay and got on the housing list in Jefferson County, but the wait list was about three to four years long. Jefferson Co has the largest percentage, by over double, of homeless folks in our county, highest percentage of all counties in Washington State. Maggie celebrated her 60th birthday the day the SCOTUS decision regarding Grants Pass was made. She spent her 60th birthday only more emboldened by the decision, taking time to take action rather than being upset by sitting in on a Washington State Office of the Public Defender seminar and workshop, which aimed to teach on how to be a better public defender. Public defenders where Maggie lives are, she says, finally taking up the cause and are defending homeless people on trespassing issues whereas before they would advise homeless people to “just plead guilty”. She is inspired, despite the ruling of the case, because those also experiencing homelessness like her are now aware of the case and more civically engaged as a result of her spreading the word. For Capitol Hill Day on July 10th, Maggie worked on getting free Amtrak tickets for homeless people. From Washington, D.C. to Oregon to Colorado to Washington State, everywhere Maggie goes, she encourages civic participation by those experiencing homelessness. The Jefferson Beacon did an article on Maggie G. which you can read here: https://www.jeffcobeacon.com/all-news/homelessness-here-and-now?rq=homeless 

INTRODUCTION:

The Igniting Change Radio Show on Tuesday, July 2nd, 2024, from 12:00 PM – 1:00 PM Eastern Time, entitled, “Supreme Injustice: The Undermining of American Democracy: Trump Immunity, Chevron Doctrine, and Grant Pass Decision”, will be live with Radio Show Co-Hosts and Transformative Justice Coalition (TJC) Co-Leaders Attorneys Barbara Arnwine, Esq. and Daryl Jones, Esq. and will feature special guests Donald Whitehead; Maggie G.; Will Knight; and, Lisa Graves, Esq. At the end of a terrible Supreme Court, the Court’s conservative majority struck a dagger through American Democracy by issuing a series of disastrous opinions including a decision granting presidents and former presidents absolute immunity for official acts; a decision destroying the fabric of federal agency administrative ”Chevron Deference Doctrine” authority; and in a cold hearted decision sanctioning the criminalization of homeless people.  In the Trump vs. United States (Trump Immunity case), Justice Sotomayor, in her 30 page dissent which she read from the bench, concluded “With fear for our democracy, I dissent.”

This show will feature expert guests to examine the impact of these horrendous and dangerous actions of the Supreme Court of the United States. Barbara, Daryl, and all the expert guests will break these cases down and discuss how they will affect the daily lives of the American people and our Democracy.  

Lisa Graves, Esq. will be an expert guest on Igniting Change to discuss one of the recent harrowing Supreme Court decisions. Trump vs. United States, commonly referred to as the “Trump Immunity Case”, was issued Monday. Lisa is the Host of Grave Injustice, the new podcast from Courier News and Court Accountability about the out-of-control Supreme Court. Graves is one of the nation’s foremost experts on how right-wing special interests have captured the U.S. Supreme Court. 

“The Supreme Court has extended the delay in the Washington criminal case against Donald Trump on charges he plotted to overturn his 2020 presidential election loss, all but ending prospects the former president could be tried before the November election. 

“What to know:

• What happens next: The outcome means additional delays before Trump could face trial in the case brought by special counsel Jack Smith.
• Sotomayer’s dissent: As she read her dissent, Justice Sonia Sotomayor shook her head and gritted her [teeth]. She criticized the majority’s conclusions as ‘utterly indefensible’ and later as elevating the president to ‘a king above the law.’

…

“Virginia Kase Solomón, president of Common Cause, a national voting rights advocacy group said the immunity ruling was filled with dangerous potential and will likely deprive the American people of a trial a verdict they deserve ahead of the November election.

‘Today, I join Justice Sotomayor in her ‘fear for our democracy.’ Solomón said in a statement. ‘Today’s decision means that presidents and former presidents are absolutely immune from criminal prosecution for actions related to their core constitutional powers, and presumptively immune from prosecution for ‘official acts.’ In practice, this makes it nearly impossible for a president to be prosecuted for actions they took in office — even if those acts were criminal. This is not how a democracy that works for all should function, nor what the framers intended.’”

Read the Source and more information: https://apnews.com/live/supreme-court-trump-presidential-immunity-updates  

Johnson v. Grants Pass is the most significant Supreme Court case about homelessness in 40 years. At its core, this case is about whether cities can arrest and fine people for things like sleeping outside with a pillow or blanket, even when there are no safe shelter options. The central legal question was whether punishing people for sleeping outdoors on public property when they have nowhere else to go violates the Eighth Amendment’s prohibition against cruel and unusual punishment. It’s hard to imagine something crueler than arresting somebody with a blanket in the middle of a freezing winter. Along with most Americans, every court that heard this question, except the United States Supreme Court, agreed that Grants Pass’s actions were not only cruel and unusual but counterproductive. On Friday, June 2nd, 2024, the Supreme Court sided with the city of Grants Pass, in a 6-3 decision, stating that fining and arresting people for sleeping outside when there is no available shelter is NOT cruel and unusual punishment. While this decision only applies to the 9th Circuit and does not mandate the use of ticketing and jail time and cities can choose whether or not to do so, it is expected that – as is already happening in California- cities will use this law to ticket and fine homeless people in the 9th Circuit and nationwide.

Johnson v. Grants Pass is a court case originally filed in 2018 that determined it is cruel and unusual punishment to arrest or ticket people for sleeping outside when they have no other safe place to go. The case started in Grants Pass, Oregon when the city began issuing tickets to people sleeping in public, even when there were not enough safe, accessible shelter beds.  The City of Grants Pass argued that since many cities arrest and fine people experiencing homelessness, Grants Pass is just following the trend. However, Grants Pass has taken the most extreme posture possible: there is literally nowhere, at no time, where people living outside can sleep with things like a blanket or pillow. Officials in Grants Pass aimed to make this case about encampments and encampment sweeps. It was not. It was about if cities and states can fine or arrest people for sleeping outside when there is nowhere else to go. Officials in Grants Pass have chosen the worst, most extreme approach to the homelessness crisis. After fighting against the construction of affordable housing, the city embarked on a targeted campaign of harassment, intimidation, and criminal punishment for the simple act of sleeping outside in sub-freezing temperatures with a blanket or pillow when there is nowhere else to go. Billionaire-backed organizations are pushing policies and legislation across the country to make it easier to ticket and arrest people who have nowhere to live. This is especially true in Grants Pass, where people are issued $295 tickets simply for using a blanket to stay warm in sub-freezing temperatures. This case was not about clearing encampments, a harmful practice that many states already enforce and has only made homelessness worse. The case was about whether people could be arrested or fined for using blankets or pillows when they have nowhere else to go. Arresting or ticketing our neighbors who have no choice but to sleep outside pushes them further into poverty and makes it harder to secure work and housing. 

More resources on the case can be found at the website https://johnsonvgrantspass.com/ .

On Monday, April 22nd, 2024, The National Homelessness Law Center, the National Coalition for the Homeless, and a growing list of partners from around the country rallied in front of the Supreme Court of the United States as SCOTUS heard the first oral arguments in the case. The April 22nd rally featured over 700 people experiencing homelessness, affected individuals, homeless activists, organizers, faith leaders, members of the press, advocates for homeless rights, policymakers, members of Congress, community leaders, and the general public demonstrating, marching, chanting, and gathering together in Washington, D.C. Everyone in attendance all called for a historic shift in homelessness policy with one common message: We all need a safe place to sleep. Today, more than 600,000 people experience homelessness, including 250,000 who sleep outside with no access to shelter. Studies show unhoused people have lower life expectancies and are four times more likely to have attempted suicide. Increased housing costs, not enough housing options, mental health crises and financial insecurity all contribute to increased rates of homelessness. There are proven ways to help and provide people with lifelines – shifting resources to programs that keep housing affordable, ensuring people have access to support services and funding shelters and transitional housing options. The Housing Not Handcuffs Rally in front of the steps of the Supreme Court during the landmark hearing of Johnson v. Grants Pass featured a “Die In” which was a visual display of solidarity with supporters laying on the ground holding blankets symbolizing collective support and keynote speeches at a press conference featuring prominent speakers. There was free breakfast and lunch served at the rally, as well as other events such as marches held throughout the day and sister rallies held in many other cities nationwide, such as Florida. The rallies demonstrated widespread support for the rights of homeless individuals and highlighted the urgent need for a shift from criminalization to compassionate, effective, housing-first solutions to solve homelessness. Watch the livestream of the press conference here: https://twitter.com/i/broadcasts/1BdxYropwMEKX 

One of the people who traveled to attend that rally was Igniting Change Radio Show guest Maggie G, an advocate for homeless people who just celebrated her 60th birthday the day the SCOTUS decision regarding Grants Pass was made. She spent her 60th birthday only more emboldened by the decision, taking time to take action rather than being upset by sitting in on a Washington State Office of the Public Defender seminar and workshop, which aimed to teach on how to be a better public defender. Public defenders where Maggie lives are, she says, finally taking up the cause and are defending homeless people on trespassing issues whereas before they would advise homeless people to “just plead guilty”. She is inspired, despite the ruling of the case, because those also experiencing homelessness like her are now aware of the case and more civically engaged as a result of her spreading the word. For Capitol Hill Day on July 10th, Maggie worked on getting free Amtrak tickets for homeless people. From Washington, D.C. to Oregon to Colorado to Washington State, everywhere Maggie goes, she encourages civic participation by those experiencing homelessness. The Jefferson Beacon did an article on Maggie G. which you can read here: https://www.jeffcobeacon.com/all-news/homelessness-here-and-now?rq=homeless 

After such a momentous rally on April 22nd, in response to the inhumane Grants Pass decision, The National Homelessness Law Center held a mass organizing call entitled “Grants Pass Decision and Where We Go From Here” on Monday, July 1st. While the Law Center finds the ruling in Johnson V. Grants Pass has been disappointing to say the least, they are encouraging advocates that we all must move forward. On Monday, July 1st, a panel of experts had a discussion of the ruling, impacts on homelessness, and next steps in the housing justice movement. Just like Maggie G.’s mindset, the Law Center states that “Thousands of advocates have been rallying around this case for months, and now is the time to tap into the collective power we’ve shared. #HousingNotHandcuffs”. Panelists included:

• Antonia Fasanelli, Law Center Executive Director
• Jesse Rabinowitz, Law Center Campaign and Communications Director
• Will Knight, Law Center Decriminalization Director
• Helen Cruz, Grants Pass resident and homelessness advocate
• Ann Oliva, @nae_homelessness National Alliance to End Homelessness CEO

Igniting Change guest Will Knight, Decriminalization Director at the National Homelessness Law Center, will be on today’s show to discuss this mass organizing call and next steps. 

Also joining the show is Donald Whitehead, Executive Director of the National Coalition for the Homeless (NCH). He will not only discuss the Grants Pass decision, but also the Chevron SCOTUS decision which was issued the same day. “In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own [interpretation] of ambiguous laws. The decision will likely have far-reaching effects across the country, from environmental regulation to healthcare costs. By a vote of 6-3, the justices overruled their landmark 1984 decision in Chevron v. Natural Resources Defense Council, which gave rise to the doctrine known as the Chevron doctrine. Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. But in a 35-page ruling by Chief Justice John Roberts, the justices rejected that doctrine, calling it ‘fundamentally misguided.’ Justice Elena Kagan dissented, in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. Kagan predicted that Friday’s ruling ‘will cause a massive shock to the legal system.’ When the Supreme Court first issued its decision in the Chevron case more than 40 years ago, the decision was not necessarily regarded as a particularly consequential one. But in the years since then, it became one of the most important rulings on federal administrative law, cited by federal courts more than 18,000 times.” Read the Source and learn more about this case: https://www.scotusblog.com/2024/06/supreme-court-strikes-down-chevron-curtailing-power-of-federal-agencies/ 

Besides examining SCOTUS reform, the panel also discussed other remedial actions that can be undertaken to prevent voter suppression, including the upcoming July 17th John Lewis National Day of Action and Candlelight Vigils and the need for passage of the Freedom to Vote Act, the John R. Lewis Voting Rights Advancement Act, the Native American Voting Rights Act, and the Washington, D.C. Admissions Act.

QUESTIONS:

• Trump Immunity
• Welcome Attorney Graves to Igniting Change. Before we discuss the substance of the Trump Immunity decision, please explain to our audience why the timing of this decision is so suspect?
• Attorney Graves, What did the 6-3 majority hold?
• Attorney Graves, What did the dissenters say?
• Attorney Graves, Why is this case so important?
• Attorney Graves, How does this decision play to the major ethical and corruption charges that have hounded this Court in this 2023-2024 Term?
• Attorney Graves, What can our listeners do to respond to this Rogue and Corrupt Court?
• Why should we care about the decision of the Supreme Court in the Chevron Deference Doctrine case Loper Bright Enterprises v. Raymondo and Relentless v. Department of Commerce?
• Will Knight, Please tell our audience about the devastating opinion of the Court in City of Grants Pass v. Johnson
• Maggie G., as a person who is experiencing homelessness, please share with our audience what this decision will mean to the millions of unhoused people in our nation?
• Maggie G., How will it affect your life?
• Donald, How is NCH responding to this decision?
• How do we stop jurisdictions from adopting these “cruel and unjust” laws?
• What are some of the types of options to consider for Supreme Court Reform?
• Maggie G., What are some strategies for individual voters to overcome the voting hurdles that have been erected to suppress their vote? I know you’re very involved in getting other homeless people to be civically engaged.
• July 17, 2024 marks the 4th anniversary of the death of the Late Congressman John Lewis! On that day, we will come together in events across the country to commemorate his death and more importantly his life work to secure voting rights for all people. With the going attack on democracy, the events will highlight the urgency of this moment in our history. We intend to educate, motivate and activate our community to work towards the passage of the Freedom to Vote Act, the John R. Lewis Voting Rights Advancement Act, the Native American Voting Rights Act, and the Washington D.C. Admissions Act
• As the epidemic of voter suppression continues to expand in our nation, the urgency of passage of curative and proactive federal legislation has become more evident. On July 17th, TJC, Declaration for American Democracy (DFAD Coalition), Black Voters Matter, Public Citizen, The Leadership Conference, and the League of Women Voters are inviting individuals, activists, advocates, clergy, union members, teachers, students, community organizations, religious institutions, associations, fraternities, sororities- EVERYONE- to host local activities marking the fourth anniversary of the passing of our Voting Rights Champion, the late Congressman John Lewis. As the late Congressman John Lewis wrote the first 300 pages of the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act is named in his honor, it is most fitting that we commemorate his legacy by reaffirming our commitment to passing these most important bills. It is anticipated that there will be hundreds of events held throughout the nation in cities, townships, and parishes, including marches, votercades, celebration villages, teach-ins, and much more culminating that evening in candlelight vigils.
• How can people throughout the nation become part of this critical day of action and vigils? (They can sign up at  TinyURL.com/2024JohnLewis, VotingRightsAlliance.org, or tjcoalition.org to become a host for a John Lewis Day of Action event.)
• Tell us about some of the events that are already registered.
• Today, July 2nd,, there is going to be a meeting for everyone interested in being part of this July 17th Movement. Please tell people how to register.
• What are your one-minute final thoughts to our listeners?
• Thank you for all of your hard work. How do our listeners get in contact with you?