Showing posts with label Trump and the judiciary. Show all posts
Showing posts with label Trump and the judiciary. Show all posts

Tuesday, June 16, 2020

"The administration has been working to pursue a narrow definition of sex as biologically determined at birth, and to tailor its civil rights laws to meet it."

"Access to school bathrooms would be determined by biology, not gender identity. The military would no longer be open to transgender service members. Civil rights protections would not extend to transgender people in hospitals and ambulances. But the administration’s definition is now firmly at odds with how the court views 'sex' discrimination."

From "Supreme Court Expansion of Transgender Rights Undercuts Trump Restrictions/The ruling focused on employment discrimination, but legal scholars say its language could force expanded civil rights protections in education, health care, housing and other areas of daily life" (NYT).

Why is "sex" in quotes? I'd say the Court's case is also at odds with the effort to banish talk of sex and replace it with the concept of gender. I wonder, now will there be a new focus on sex?
Monday’s case was focused on employment law, a provision of the Civil Rights Act of 1964 known as Title VII. But Justice Neil M. Gorsuch’s opinion used language that is likely to apply to numerous areas of law where there is language preventing discrimination “because of sex” or “on the basis of sex.” Under the ruling, discrimination based on sexual orientation and gender identity ran afoul of the standard....

“They’ve ruled,” [President Trump] said. “I’ve read the decision, and some people were surprised, but they’ve ruled and we live with their decision.”
He's read the decision. Ha ha. Did anyone tell him it was 172 pages long before he concocted that lie? I assume it's a lie. And go ahead and bullshit that if you've read any of the opinion — a paragraph, say — you've "read the decision."

Anyway, I'm sure he doesn't mind the Supreme Court taking this pesky issue out of his hair.* "They’ve ruled and we live with their decision." If he really objected, he'd talk about how important it is to reelect him so he can appoint more Justices like Kavanaugh. Oh, but there is the complication that his #1 choice for the Supreme Court, Neil Gorsuch, wrote the opinion. He can't purport to have the power to control where the Court goes with all the legal issues.

But I don't think Trump is keen to hold back gay and transgender people. At most, he hopes to maintain the enthusiasm of the religious conservatives he needs to get reelected. But I don't think he is the slightest bit interested in reining in sexual — or gender — expression. Has he ever reined in his own?
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* His orangified, poofed up, spray-spritzed hair.

Tuesday, May 5, 2020

"The judiciary is right to take seriously allegations that sitting judges are gaming their retirements at the request of politicians"

"Mitch McConnell has been clear that his top priority is packing the courts with the judges his right-wing donors want, and that he’s actively pushing judges to retire. A judge would undermine the credibility of the bench by participating in that partisan gamesmanship."

Said Democratic Senator Sheldon Whitehouse, quoted in "Appeals Court Vacancy Is Under Scrutiny Ahead of Contested Confirmation Hearing/The chief judge of the U.S. Court of Appeals for the District of Columbia Circuit publicly advanced a call by a progressive group for an ethics investigation into the circumstances of a plum vacancy" (NYT).

Was McConnell "actively pushing judges to retire"? There's a link to this NYT article from March 16th: "McConnell Has a Request for Veteran Federal Judges: Please Quit/The Senate majority leader has encouraged judges thinking about stepping down to do so soon to ensure that Republicans confirm their replacements this year." But there are no quotes from McConnell, just material like this:
Running out of federal court vacancies to fill, Senate Republicans have been quietly making overtures to sitting Republican-nominated judges who are eligible to retire to urge them to step aside so they can be replaced while the party still holds the Senate and the White House. Senator Mitch McConnell... has been personally reaching out to judges to sound them out on their plans and assure them that they would have a worthy successor if they gave up their seats soon, according to multiple people with knowledge of his actions. It was not known how many judges were contacted or which of them Mr. McConnell had spoken to directly....
I wouldn't call that "actively pushing judges to retire." And how could McConnell or anybody else "actively push" a federal judge to retire? By speaking in an especially pushy way? That wouldn't work! Is it unethical to tell a federal judge that you'll be able to expedite the confirmation of his successor? That seems to be what's going on here. McConnell's assurance that the vacancy will be quickly filled may tip the decisionmaking of a judge who doesn't want to create a vacancy that will still be around if Trump loses the election and/or the Senate majority shifts. That's not "actively pushing judges to retire." That's actively removing an obstacle in front of a judge who wants to retire.