Trial Magazine

Despite a delayed start in January because of the attack at the U.S. Capitol and a second impeachment trial, the House of Representatives moved at a shockingly fast pace in February and March, passing comprehensive legislation almost each week it was in session. The House passed a COVID-19 stimulus package, as well as bills on priority issues including gender identity and sexual orientation discrimination, policing reform, gun background checks, federal voting rights, and pro-worker labor reform. Most of these bills were sent to the House floor for consideration without a committee hearing or markup, largely because they passed the House within the last year.

COVID-19 relief. During the last Congress, AAJ successfully fought off multiple attempts to include broad immunity provisions in a COVID-19 relief package, which eventually became law in late December. Because of AAJ’s work last year and the change in leadership in the Senate, we did not have to advocate against immunity provisions in this Congress’s COVID-19 stimulus package.

Congress passed the American Rescue Plan Act of 2021 through the reconciliation process—a legislative process that allows for expedited consideration of certain tax, spending, and debt limit legislation not subject to the Senate filibuster rule. This early and big victory has allowed the administration, Congress, and AAJ to pivot to other priorities.

Policing reform. In early March, the House—largely along party lines—passed major policing reform legislation, the George Floyd Justice in Policing Act (GFJPA) of 2021. Rep. Karen Bass (D-Calif.) sponsored the GFJPA last summer, and it garnered wide support from the civil rights and social justice community. AAJ supports the legislation as a necessary first step for long-overdue reform.

The GFJPA will help victims of police misconduct by increasing accountability in three ways:

• ending qualified immunity for law enforcement officers
• requiring officers to have and maintain body and dashboard cameras
• creating a national registry making it more difficult for officers with employment records of inappropriate or violent interactions with the public to move to other departments.

It’s unclear when the Senate will take up the GFJPA, but AAJ will continue to advocate for this important legislation and, more broadly, to end qualified immunity.

The Forced Arbitration Injustice Repeal (FAIR) Act. Forced arbitration clauses buried in the fine print of cell phone contracts, credit card agreements, employee manuals, and even shrink-wrap packaging have been undermining the rights of consumers and employees for years.

Last Congress, the FAIR Act, which would prohibit corporations from forcing individuals into a rigged, secretive system of arbitration, passed the House with support from over 75 consumer, labor, and civil rights organizations. This February, Rep. Hank Johnson (D-Ga.) reintroduced it with 155 original cosponsors.

The House Judiciary Subcommittee on Antitrust, Commercial and Administrative Law held a hearing on the problems with forced arbitration the same day the bill was introduced, setting the tone that it is a priority issue. In the Senate, Sen. Richard Blumenthal (D-Conn.) reintroduced the FAIR Act on March 1 with 39 original cosponsors.

To urge your members of Congress to support the FAIR Act, visit https://p2a.co/ENhfwDc.

Looking ahead. In the coming weeks, we expect legislation in the House Judiciary Committee to increase the number of authorized judgeships—helping to relieve the backlog of cases in some districts—and to improve access to the courts. We also expect the House to take up a large infrastruc-ture and highway funding package. This legislation—also a priority for the administration—would provide opportunities to increase safety and accountability for people injured or killed on the nation’s highways.

As the House moves at this fast pace, AAJ will remain focused on civil justice. For more information, please contact Bonnie Johnston (bonnie. johnston@justice.org) or Sue Steinman (susan.steinman@justice.org).

Bonnie Johnston is AAJ’s senior federal relations counsel and can be reached at bonnie. johnston@justice.org. Susan Steinman is AAJ’s senior director of policy and senior counsel and can be reached at susan.steinman@justice.org.