Supreme Court Brief Submitted by Attorney General Kamala Harris

Many on the right have recently supported Harris as the only way to save democracy. In this regard, David French said he was voting for Harris “to save conservatism.” French’s essay did not mention Senator Schumer’s nuclear bill, which would effectively overturn a decision by law and strip the Supreme Court of its jurisdiction to review that law. French asked Judge Gorsuch about “reforming” the Supreme Court during the interview, but the issue did not seem to move French. The only way to save democracy would be to destroy the independence of the Supreme Court.

Perhaps if France came out and said Harris should be elected but Congress should be left in Republican hands, that would block SCOTUS “reform” for at least a few years. But if you support Harris without commenting on the state of Congress, you will destroy the filibuster and pass a jurisdictional curtailment and/or court packing. The American Bar Association has supported a series of “democracy” reforms in recent years, but has not said anything about jurisdictional curtailment, as far as I know. As Judge Thomas has often repeated, we will regret paralyzing the last independent branch of government.

On that note, Harris spent about six years as California attorney general before becoming a senator. By my count, she’s signed about 50 Supreme Court briefs. That’s a mix of cert-level briefs, merit-level briefs, and amicus briefs. It’s rare for a presidential candidate to have such a detailed record on the Constitution. I think looking at those briefs will be useful in providing an overview of how Harris would view the Constitution and the courts as president.

2016

Joins Blue State Amicus Brief in Whole Woman’s Health v. Cole (Abortion)
Led the blue state amicus brief in Zubik v. Burwell (Contraceptive Mandatory Disclosure).
Led the blue state amicus brief in Murr v. State of Wisconsin (takings clause).
Joins Blue State Amicus Brief in Czyzewski v. Jevic Holding Corp. (Bank Bankruptcy)

2015

Joins Blue State Amicus Brief in Arizona House of Representatives v. Arizona Independent Redistricting Commission (Redistricting)
Joins Blue State Amicus Brief in King v. Burwell (ACA “pure applesauce” and “jiggery-pokery”)
Summary of Davis vs. Ayala (Habeas)
Joins Blue State Amicus Brief in Michigan v. Environmental Protection Agency (Clean Air Act)
Joins Blue State Amicus Brief in Obergefell v. Hodges (Same-Sex Marriage)
Summary of the Pros and Cons of Friedrichs v. California Teachers Association (Union Dues)
Joining Blue State Amicus Brief in Evenwel v. Abbott (Redistricting)
Amicus Brief on Fisher v. University of Texas (Affirmative Action)
Joins Blue State Amicus Brief in United States v. Texas (DAPA)

2014

Joins Blue State Amicus Brief in Utility Air Regulatory Group v. Environmental Protection Agency (Clean Air Act)
Led blue state amicus brief in Sebelius v. Hobby Lobby Stores, Inc. (contraceptive mandate).
Summary of the merits of Riley v. State of California (cell phone search)
Amicus brief in Armstrong v. Exceptional Child Center, Inc. (private action for Medicaid)
Red and Blue States Join Amicus Brief in Ohio v. Clark (Contradictory Provision)
Led amicus brief for red and blue states in City of Los Angeles v. Patel (warrantless search and seizure).
Joins Blue State Amicus Brief in Texas Department of Housing and Community Affairs v. Inclusive Communities Project (Fair Housing Act and Discriminatory Impact Statements)

2013

Led the amicus brief for red and blue states in Maryland v. King (DNA testing).
Participated in (mostly) blue state amicus brief in Federal Trade Commission v. Watson Pharmaceuticals, Inc. (Patent)
Joins Blue State Amicus Brief in Shelby County, Alabama v. Holder (Voting Rights Act)
Merits Brief of Hollingsworth v. Perry (Same-Sex Marriage)
Joins Blue State Amicus Brief in United States v. Windsor (Defense of Marriage Act)
Led the blue state amicus brief in American Trucking Associations, Inc. v. City of Los Angeles (preempted).
Joins Blue State Amicus Brief in Adoptive Couple v. Girl (ICWA)
Led the amicus brief for a (largely) Democratic state in Kansas v. Cheever (confessed).
Joining Red and Blue State Amicus Briefs in Burt v. Titlow (Ineffective Assistance of Counsel)
Joins red and blue states in amicus brief in lawsuit between Mississippi and AU Optronics Corp. (parens patriae).
Led the blue state amicus brief in Schuette v. Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality by Any Means Necessary (state constitutional amendment banning affirmative action).
Led the blue state amicus brief in Northwest, Inc. v. Ginsberg (ADA).
Summary of the merits of the Brown v. Plata (prison overcrowding) case
Summary of the merits of Fernandez v. California (warrantless search)
Joins Blue State Amicus Brief in Mount Holly Township v. Mt. Holly Gardens Citizens in Action, Inc. (Housing Discrimination)
Joins Blue State Amicus Brief in McCullen v. Coakley (Abortion Buffer Zone)
Summary of the merits of Navarette v. California (vehicle search)
Led the amicus brief for blue states in Harris v. Quinn (mandatory union dues).

2012

Joining Blue State Amicus in HHS v. Florida (Constitutionality of Individual Mandates)
Led the blue states amicus brief in NFIB v. Sebelius (severability of individual mandates).
Joining Blue State Amicus in Magner v. Gallagher (Fair Housing Act and Disproportionate Impact)
Joins Blue State’s Amicus Brief in Arizona v. United States (Immigration, SB 1070)
Summary of the merits of Johnson v. Williams (federal habeas corpus)
Sole amicus in Fisher v. University of Texas at Austin (affirmative action)
Joins Blue State Amicus Brief in Federal Trade Commission v. Phoebe Putney Health Systems, Inc. (11th Amendment)
Led the (largely) blue state amicus brief in Koontz v. St. Johns River Water Management District (Collection and Payment of Money).

2011

Led amicus brief for blue and red states in Bullcoming v. New Mexico (contradictory clause).
Joining Amicus Brief for Blue and Red States in Davis v. United States (Exclusion Rule)
Joins Blue and Red State Amicus Briefs in PLIVA, Inc. v. Mensing (Drug Labeling)
Joins Blue State’s Amicus Brief in American Electric Power Company Inc. v. State of Connecticut (Clean Air Act)
Merits brief in Douglas v. Independent Living Center of Southern California, Inc. (Causes of Action in Medicaid Litigation)
Summary of the merits of Martel v. Clair (Ineffective Assistance in Death Penalty Habeas Corpus Cases)
Joins Blue State Amicus Brief in First American Financial Corporation v. Edwards (Case or Controversy Requirement)
Joins amicus brief for blue and red states in Williams v. Illinois (contradictory clause)
Joins Blue and Red State Amicus Brief in PPL Montana, LLC v. State of Montana (Navigable Waters)
Joins Blue State’s Amicus Brief in Freeman v. Quicken Loans, Inc. (RESPA)

(There may be a few errors here and there, but I think my list is practically complete.)

In short, Harris submitted a brief supporting abortion access.Complete Women’s Health), against the protesters defending the right to life at the hospital (McCullen v. Cockley), and supports mandatory contraception for private employers.Harvey Robbie) and religious non-profit organizations (Jubik/poor sisters), opposed immigration-related cases including those in Arizona and Texas, and supported mandatory union dues.Harris and Friedrichs), opposing the intervenor position in the Prop 8 case (Hollingsworth), and supported the constitutional right to same-sex marriage.Overgepel and Windsor), opposed both challenges to the Affordable Care Act.National Visa Board (NFIB) and king), favoring a broad interpretation of the Clean Air Act (Michigan and AEP (AEP)), supported the affirmative action policy.fisherman and Stete), favoring broad enforcement of a variety of impact lawsuits.Inclusive community, Mount Holly, and Magner), and supported a now-defunct Voting Rights Act formula.Shelby County) I probably missed a few more because I didn’t look at her briefs in the 9th Circuit and the California court system. I can also see what kind of questions she asked at the confirmation hearings for Judges Gorsuch, Kavanaugh, and Barrett.

Given everything we know, I’m not sure putting Harris in the White House would “save conservatism.”