WASHINGTON – Today marks the first day of the new term for the Supreme Court. The court has accepted a total of 36 cases it will hear, with 18 already having been scheduled for oral arguments. Among the cases that have been chosen to be heard are several that pertain to environmental, voting, and civil rights.
The first case the court heard oral arguments in today was Sackett v. Environmental Protection Agency (EPA) which could potentially have far-reaching impacts when it comes to the ability of the EPA to regulate wetlands.
The focus of the case being brought by the plaintiffs concerns a plot of land they purchased to build a home on and that is within 300 feet of Lake Priest in Idaho and near the Idaho-Canadian border. Previous rulings cited the Clean Water Act and EPA’s oversight of wetlands. The case has been before the Supreme Court before in 2012 as to whether or not the Sacketts could challenge the EPA in court. The court ruling was unanimous that they could.
That court decision in the U.S. Court of Appeals for the 9th Circuit upheld the EPA’s claims, but this current case before the court challenges whether the 9th Circuit used the proper test to determine whether wetlands are “waters of the United States” for purposes of the Clean Water Act.
Scheduled to be heard tomorrow is the Alabama voting rights case of Merrill v. Milligan. The case concerns Alabama’s 2021 redistricting map for its seven seats in the U.S. House of Representatives.
A three-judge district court ruled that map likely violated Section 2 of the Voting Right Acts (VRA) which holds that: “Denial or abridgment of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation.” The district court ruling blocked the restricting map from being implemented and gave the state two weeks to submit a new map that would include two majority-Black districts instead of just one.
The state of Alabama filed an emergency appeal to the decision which resulted in the district court’s ruling being paused, so the rejected redistricting map will be in place for the 2022 midterm elections.
Alabama is seeking for the Supreme Court to adopt a “race-neutral” approach to redistricting which could essentially gut the power behind Section 2 of VRA.
Three other cases slated to be heard this term all revolve around discrimination.
Haaland v. Brackeen which also encompasses and consolidates three other similar cases is focused on the constitutionality of the Indian Child Welfare Act (ICWA). ICWA was enacted in 1978 and designed to help Native children stay within the custody of members of their tribe whenever possible, and promoted Native foster parents over non-native foster and adoptive parents to help children remain in contact with their native culture.
In essence, the plaintiffs are arguing that the ICWA is reverse discrimination. There is concern among Native rights advocates that a ruling that compromises the ICWA would undermine Native Sovereignty and further erode Native Rights.
Two Affirmative Actions cases that were originally scheduled to be argued together will be heard separately: Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina. With Ketanji Brown Jackson’s appointment to the court earlier this year, they opted to hear the cases separately since she served as a member of Harvard’s Board of Overseers and recused herself from hearing the case.
In short, both cases are seeking to overturn the ruling of Grutter v. Bollinger which reaffirmed that race could be considered in the undergraduate admission policies of universities seeking to ensure a diverse student body. The plaintiffs allege that in both cases Asian American students were less likely to be selected over other students of color, and in the UNC case both Asian American and White students were less likely to be admitted. Advocates for affirmative action and many other academics and legal professionals have expressed concern over the harm removing any racial considerations from the admission policy will cause.
And finally, one more case that is not yet scheduled for hearing oral arguments but the court has decided to take up is 303 Creative LLC v. Elenis which could severely impact civil rights. The case is being brought by a web designer who is challenging a Colorado state anti-discrimination law that the plaintiff alleges violates her freedom of speech if she were forced to accept LGBTQ+ clients.
Specifically, as the court has outlined it is, whether state laws “compel an artist to speak or stay silent” when it comes to accepting clients who she may disagree with. Depending on how broad the ruling, in this case, ends up being, it could upend many of the laws that prevent discrimination against any number of protected groups.
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WELLINGTON, New Zealand – Last month the Māori tribal members of Ngāti Maniapoto iwi (tribe) saw a decisive victory. After more than 30 years of legal battles for reparations, Maniapoto claims settlement bill became law which encompasses the return of 36 culturally important sites, $177 million (NZD) in financial restitution, and perhaps most important, an official apology for atrocities committed against members of the tribe.
According to The Guardian, “New Zealand has established processes where indigenous people can seek reparations for the atrocities committed through colonisation. The settlement system was set up in 1975 to remedy the crown’s breaches of the country’s founding document between the British crown and Māori, the Treaty of Waitangi. As of 2022, 97 deeds of settlement have been signed and another 73 have passed into law. There are approximately 40 remaining settlements to go.”
These reparations are a direct result of the crown’s failure to uphold the terms it agreed to with the Māori under the Treaty of Waitangi, and what the Māori have been fighting for, for decades. For the close to 46,000 members of the Waikato-based iwi this settlement, which is the fifth largest in New Zealand history, is a critical point in iwi history.
Prior to the mid-1850s, the Ngāti Maniapoto iwi was independent and had continued to expand and grow trade with the Europeans living in New Zealand, but ultimately ended up being exploited and murdered, losing much of their lands and significant cultural sites to the crown.
Last month’s settlement marks a new way forward for both the Ngāti Maniapoto iwi and the New Zealand government and could provide a roadmap for other countries seeking to balance the damage done to Indigenous peoples.
Announcements:
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- Earth-based Spirituality Action Team (EBSAT) meeting on October 10 from 5:00 pm to 5:30 pm (PDT) featuring Green Cemeteries with Selena Fox and will focus on “Learn about Greening the End of Life through supporting Green Cemeteries, which combines the return of human remains to Nature with ecological restoration and environmental preservation. EBSAT is for anyone who keeps the sacred Earth at the center of their practice. We see action on climate change as an urgent moral imperative. We aim to reach out to our global communities and recruit volunteers for the Citizens’ Climate Lobby. We recognize and honor the spiritual nature of climate work.” The meeting will take place via Zoom Meeting ID: 890 3027 2698 – Passcode: CCL.
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- Harvard Divinity School’s Program for the Evolution of Spirituality announced their spring 2023 conference will be organized around the theme of “Uses and Abuses of Power in Alternative Spiritualities.” They have issued a call for proposals for papers, panels, workshops, and performances related to the 2023 theme, or to any other aspects of alternative and evolving spiritualities. The conference will be held April 26-29, both remotely and in person.
TWH wants to see your Ancestor altar pictures!
The Wild Hunt is seeking pictures of ancestor altars for inclusion in an article for publication that highlights and celebrates Samhain.
Submission guidelines:
- Must be an original picture(s) that has not been published online and that the submitter has taken;
- Include a location and name of the submitter, e.g. – Photo taken in Western North Carolina by S. Bustamonte
- The deadline is midnight on October 25.
- Must be formatted as a jpg, png, or pdf.
Submissions can be emailed to pcn@wildhunt.org and must be received by midnight (EDT) on October 25.
In other news:
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- The U. S. has repatriated 274 archaeological pieces of Colombian heritage according to the Colombian Ministry of Foreign Affairs. “Among the repatriated goods are cups, pots, alcarrazas, spindle whorls, seals, necklaces, molds, ocarinas, vessels, anthropomorphic figures, rollers, pendants, among others, made of ceramics, rocks, and shells,” the Ministry explained in a statement. The return of items was part of a cache of items from a U.S. citizen who voluntarily returned them and had previously contacted the Columbian Embassy in Washington D.C. in late 2019.
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October is Black Cat Awareness month, designed to promote the positive aspects of black cats and counter negative age-old myths and legends. Black cats have lower adoption rates, which is due in part to them making up a larger percentage of cat populations since black coloring is often a dominant genetic characteristic that many cats carry.
However, negative perceptions, especially within the U.S., resulting in black cats taking longer to be adopted. Many shelters restrict the adoption of black cats during October to prevent them from being used as props for seasonal parties, events, and pranks, and then later abandoned.
Black animals, in general, tend to fare worse when it comes to abuse during the month of October, which is part of why October is also National Animal Safety and Protection Month, National Pet Wellness Month, and World Animal Month.
There are a number of cultures that celebrate black cats, and they are associated with a number of goddesses–Hecate, Freya, and Bastet, just to name a few.
Tarot of the week by Star Bustamonte
Deck: Black Cats Tarot, by Maria Kurara, published by Lo Scarabeo.Card: King of Pentacles
The week ahead is likely to have an undercurrent that will require applying common sense when it comes to success and turning visions into reality. Any problems that arise can be resolved if the solutions are grounded in flexible, practical, and rational choices.
Conversely, attempting to maintain a rigid or unbending stance when issues crop up is more likely to compound the problems rather than resolve them. Additionally, placing wealth or the acquisition of wealth over the needs of people is likely to undermine success.
Decks generously provided by Asheville Pagan Supply.
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