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2012 In Review: Obama Coalition Enshrines Liberals As America’s New Moral Majority

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2012 was a watershed year that historians — and all Americans — will look to as the moment reborn Democratic politics won the nation, and liberals and progressives became enshrined as the voice of America’s new moral majority. The re-election of Barack Obama was another significant nail in the Tea Party and Republican Party coffins. Crazed GOP politicians advocating against women’s rights, misogynistic conservatives claiming there are different kinds rape — as if some rapes aren’t really rapes — and their compatriots promoting vaginal probes as a “necessary” prerequisite to abortion, really sunk the level of humanity in America. And forced common sense progressives, Democrats, and independents into action.

Then, there was the man without a plan, Mr. Etch-A-Sketch himself, the man who “didn’t know [gay] people had families,” Mitt Romney. What America learned about Mitt and LGBT families, women, and minorities alone could fill “binders”  — not that anyone would care at this point to read them.

Five years from now, we’ll all have to squeeze our brains hard to even remember his name. But Mitt Romney did change the landscape, and the nation, into a more progressive electorate, so, perhaps we should thank him?

Well, okay, no.

Of course there’s always Rick Santorum; we’ll be seeing lots more of Santorum over the next few years since he’s already declared his hope of running in 2016.

Bryan Fischer, the public face of the certified anti-gay hate group, American Family Association, next to Barack Obama, perhaps was our most-reported person, yet didn’t make any of our top 100 stories this year, which — despite Fischer’s growing popularity among the radical religious right — is indicative of how the radical religious right’s importance itself is fading quickly.

So, how did we get here? How did we create this year in review?

We looked at our top 100 stories ranked by total readership, mixed in some non-quantifiable points for actual importance, looked at related stories, put it all in context, and now we are happy to share with you The New Civil Rights Movement’s year in review of the top ten most important issues for 2012.

Congratulations on a battle well-fought, and won, and Happy New Year!

 

2012 In Review: The New Civil Rights Movement’s Top Ten Issues

1. The “Obama Realignment,” America’s New Reality:

“When you do it once, it’s just a victory. When you do it twice, it’s a realignment,” wrote New York Times’ conservative writer and occasional NCRM target of ire, Ross Douthat, at 3:28 AM on November 7 — just hours after the election was called in favor of President Obama:

The coalition that Barack Obama put together to win the presidency handily in 2008 looked a lot like the emerging Democratic majority that optimistic liberals had been discerning on the political horizon since the 1990s. It was the late George McGovern’s losing coalition from 1972 finally come of age: Young voters, the unmarried, African-Americans, Hispanics, the liberal professional class – and then more than enough of the party’s old blue collar base to hold the Rust Belt for the Democrats.

Of course, Douthat, a Roman Catholic, “forgot” the LGBT community, whom some, like Mr. Douthat’s own paper, credit as “decisive” in swaying the election towards the President.

Maddow To GOP: ‘The Moon Landing Was Real, Evolution Is A Thing’

Watch: George Takei’s Endorsement Of Barack Obama Will Make You Cry

Lena Dunham’s ‘Vote For Obama’ Ad Is Totally Cute — And Making Conservatives Freak Out

Jane Lynch Really Wants You To Watch This Awesome Video

NY Times Endorses Obama In Editorial You Absolutely Must Share With Everyone You Know

‘Barack Obama Really Is The Man You Have Always Believed Him To Be’

Rosie Perez Mocks Mitt: ‘If You Were A Gay Latina’ You Would Win (Video)

 

2. Todd Akin & Co.: Legitimate Rape, Forcible Rape, Rape Rape, And GOP Lawmakers Who Have No Clue How Women’s Bodies Work:

Sunday, August, 19 was the moment Republican Congressman Todd Akin rallied the troops for one of the greatest battles in the War On Women. Akin’s “legitimate rape” comments were so utterly offensive, ignorant, and frightening, that progressives, liberals, Democrats, and even Republicans denounced them — and him. The War on Women, 2012 Edition, strategically launched in January by President Obama’s team, when Secretary of Health and Human Services Kathleen Sebelius announced the President’s plan to ensure contraception services are available to all women, and that insurers must pay the cost, culminating in Rush Limbaugh calling Sandra Fluke a “slut,” and, months later, Todd Akin’s atrocious comments, but along the battlefield state Republicans did all they could, often unconstitutionally, to eliminate abortion.

Sadly, women (and men) who are victims of rape were forced to relive those experiences over and over and over again, each time a new lawmaker displayed inhuman “understanding” of how women’s bodies work.

US Congressman: Rape Victims’ Bodies ‘Shut Down’ Pregnancies Automatically, No Need For Abortion

Rape: How Many Different Kinds Does The GOP Believe There Are?

‘Pregnancy Begins 2 Weeks Before Conception’ Now The Law In Arizona

Tennessee: Miscarriage Will Be Murder — Legislature Passes Embryo Bill

Independent Women: Whatever The Hell You Do On Tuesday, Don’t Make Mitt Romney Our President

Melissa Harris Perry Talks About Rape: A Letter To Richard Mourdock (Video)

GOP Congressman: No Abortion — ‘You Can’t Find One Instance’ Of Death From Childbirth

50! Rush Limbaugh Quitting Advertisers List Hits Milestone

Limbaugh: Apologies, Excuses and Sluts

Limbaugh: Law Student GOP Wouldn’t Let Testify Must Post Sex Tapes Online

 

3. Mitt Romney, Gay People,  and LGBT Families:

Mitt Romney’s foray into LGBT equality, while trying to unseat U.S. Senator Ted Kennedy in the 1990’s, was the exact opposite of whom Mitt Romney actually proved himself to be. A high school gay-bashing bully turned Massachusetts Governor who looked LGBT parents in the eyes and proclaimed, “I didn’t know you had families,” Romney’s presidential surrogate in 2012 proclaimed the Governor not only does not believe in same-sex marriage (a given,) but that he would deny same-sex partners the right to visit their loved ones int he hospital.

‘I Didn’t Know You Had Families’ Mitt Romney Told Group Of Gay Parents

Mitt Romney Was A High School Gay-Bashing Bully

Romney: Hospital Visitation For Gay Couples Are ‘Benefits’ Not Rights

Romney Tells Congress Gay Marriage ‘May Affect Development Of Children And Society’

Watch: Romney Angered ‘Some Gays Are Actually Having Children Born To Them’

As Governor, Romney Investigated Every Gay Parent’s Birth Certificate Request For Each Newborn Child

Will The Real Romney Campaign Please Step Forward?

Romney Anti-LGBT Policies Crafted By Rick Smart-People-Are-Not-On-Our-Side Santorum

‘Obama Is Trying To Force Gay Marriage On This Country’ Says Pro-Romney Ad

 

4. Uganda’s “Kill The Gays” Bill:

Since 2009, Uganda‘s now-infamous “Kill The Gays” bill has been trotted out in an attempt to not only marginalize LGBT people, but to advance political careers of greedy Ugandan politicians. Of course, the bill does call for the death penalty for the “crime” of being gay — despite regular, annual pronouncements from the BBC and CNN that the death penalty has been “removed,” a sheer legislative impossibility, according to the U.S. State Department.

Pope Benedict Blesses Top Lawmaker Pushing Uganda’s Kill The Gays Bill

Fischer: ‘There Is No Kill The Gays Bill In Uganda — Doesn’t Exist’

GetEQUAL Calls On US Senators To Repudiate Uganda Kill The Gays Bill

Kill The Gays Bill: Uganda Expert Calls Out Journalists For False Reports Of Death Penalty Removal

Rick Warren Admits What Poll Shows: Churches Have Responsibility For Anti-Gay Hate

On Uganda, HRC Attacks Tony Perkins, Ties Osteen And Warren To Lawmakers

US Official’s Comments Suggest Death Penalty Not Removed From Uganda Kill The Gays Bill

Tony Perkins: Uganda President ‘Leading His Nation’ With ‘Kill The Gays’ Bill

 

5. Chick-Fil-A:

When Chick-Fil-A‘s Dan Cathy told a reporter he was “guilty as charged” for believing and supporting “traditional marriage,” the LGBT community and our supporters went ballistic, but the real story was not Cathy’s beliefs — who care what a chicken maven thinks? — but rater, that Dan Cathy and his family’s fortunes have been paying for millions of dollars of anti-LGBT hate. Yes, Cathy and his family, and their “charitable” foundation, have spent over $5 million in just the past few years, fighting same-sex marriage and supporting anti-gay groups, and even one infamous anti-gay hate group, the Family Research Council.

This was never a “free speech” issue, this is an issue about people actively supporting anti-gay hate.

Sadly, the mainstream media almost always got every single detail wrong.

Five Reasons Chick-Fil-A Isn’t What You Think

Chick-Fil-A Profits Are Supporting Uganda’s ‘Kill The Gays’ Bill?

Chick-Fil-A Has Spent $5 Million On Groups Trying To Stop Gay Marriage

Chick-Fil-A Veteran: Employees ‘Expect To Get Patted On The Back’ For Anti-Gay Hate

Chick-Fil-A Promises Mike Huckabee ‘We Have Made No Concessions’

Attention, Members Of The Media: Here’s Why FRC Is Labeled A ‘Hate Group’

Chick-Fil-A: Because It’s Only ‘Free Speech’ If You Agree With Homophobes


6. Coming Out Is Still Important:

Astronaut Sally Ride came out, literally posthumously, as a lesbian. Anderson Cooper came out via an email to a conservative blogger. Sam Champion, another news veteran, came out at the (same-sex) wedding of Thomas Roberts, yet another popular name in journalism. Boxer Orlando Cruz secured his nme in history books for coming out in a brutal sport not know for tolerance. Kevin McClatchy, Pittsburgh’s son and, yes, owner of a news company, also came out.

Add to the list Insanity workout creator Shaun T, singer-songwriter Frank Ocean, and already out but no one knew, Nate Silver.

Then, of course, there was Lee Thompson, better known as “Uncle Poodle” on TLC’s oddly-famous reality show, “Here Comes Honey Boo Boo.”

It was a year of journalists, celebrities, and sports figures taking the plunge, but marked by an extreme casualness about the coming out “announcement.” Now, for those in the spotlight, making a big deal of coming out is extreme, and reactions are pretty much always supportive.

But this must not stop America’s icons of making it known. Children and teens still need role models, and knowing your favorite chef/sportscaster/astronaut/journalist, or even boy/girl next door is LGBT,  can make all the difference.

(For an excellent look at the top 50 LGBT people who came out in 2012, visit Towleroad’s report.)

Sally Ride, First U.S. Woman In Space, A Lesbian, Dies Of Cancer At 61

Gay Boxer Orlando Cruz Wins First Match Since Coming Out

Welcome Out, Anderson Cooper!

Breaking: Anderson Cooper Says ‘The Fact Is, I’m Gay’

Watch: Gay College Student Who Confronted Scalia Calls Justice’s Comments ‘Absurd’

Olympic Gold Medalist Megan Rapinoe On Why Gay Athletes Should Come Out

Great (Alan) Scott, Green Lantern Is Gay!

Nate Silver Just Became Out Magazine’s Person Of The Year

It Doesn’t Matter Nate Silver Is Gay. It Matters America Knows He Is.

Honey Boo Boo’s Uncle Poodle: ‘I’m Gay, But I’m As Redneck As I Can Get’

 

7. The Radical Religious Right:

2012 will become known as the year the radical religious grew louder, because their voices becoming increasingly ignored. People like Bryan Fischer, Tony Perkins, and even Rick Warren, are now almost irrelevant in the national conversation. Almost.

Rick Santorum sealed his fate this year, first by becoming one of America’s most anti-gay politicians, and second, by aligning himself with the Tea Party and the radical religious right, but then later, joining World Net Daily, home to racism, homophobia, anti-Islamic extremism, birther kings, and the “Obama is gay” clans.

Overall, the radical religious right took up the lion’s share of our attention, when we weren’t focused on the election. It’s time to put them in the dustbowl of history.

Santorum: No One Has Ever Died Because They Didn’t Have Health Care

Breaking: Billy Graham Endorses Romney Then Scrubs Site Calling Mormonism A ‘Cult’

Father’s Hateful Letter To Gay Son After Coming Out Goes Viral

Santorum: Democratic Party An Orgy Of Sex And Homosexuality Preying On Lust

Exclusive: One Million Moms Deletes ‘Green Lantern Is Gay’ Post After Flood Of Pro-Gay Comments

Stephen Colbert Features The New Civil Rights Movement On ‘Colbert Report’

Franklin Graham: Gays Can’t Have Marriage Because ‘Plumbing’ Must Be ‘Completely Different’

Pope Escalates Anti-Gay Marriage Holy War, Compares Gay Marriage To Polygamy

Sally Quinn’s Bullshit Is Why Sane Americans Hate What The Religious Right Has Done To America

Fischer: ‘We Need An Underground Railroad’ To Abduct Children From Gays

Pat Robertson: Gays Must ‘Shut Their Mouth’ Until They Can ‘Bring Forth A Baby From’ …

Pope Benedict Hurls Unhinged Assault In His Anti-Gay Marriage Holy War

8. GOP Voter Suppression:

The Republican Party, the TeaParty, and ALEC created legislation to “fight voter fraud,” which turned out to be voter ID bills that they later admitted were designed to suppress the vote and ensure GOP victories. Then, in the face of no real voter fraud, it turned out actual Republicans were found to be the only ones who actually were engaging in voter fraud — on a huge scale, paid for, knowingly or not, by the RNC and Mitt Romney.

Breaking: GOP Contractor Arrested For Throwing Voter Registrations In Dumpster

Romney And GOP Paying Millions To Firms Tied To Voter Fraud Allegation Scandals

GOP Operative Nathan Sproul Employed Man Arrested For Throwing Voter Registrations In Dumpster

DNC: 1961 Freedom Fighter, Congressman John Lewis Decries GOP Vote Suppression

 

9. LGBTs At The London 2012 Olympics:

This summer’s Olympics in London were marked by a tremendous number of out LGBT athletes, and The New Civil Rights Movement is proud to have profiled every out LGBT athlete at the Olympics. In total, we published over 40 articles on LGBT athletes.

2012 Olympics: Who Are The LGBT Athletes?

Final Results: Out and Proud Olympians – How They Finished

And a sampling:

Matthew Mitcham, Megan Rapinoe, Pia Sundhage, Jessica Harrison and Carole Peon, and Natalie Cook.

 

10. Mark Regnerus:

Mark Regnerus will go down in history as the 21st century’s Paul Cameron. A researcher who put money and ideology before valid practices, and came up with a fatally flawed anti-gay parenting “study,” Regnerus has become somewhat of a joke — except to those on the right. The anti-gay hate groups, anti-equality organizations, and radical religious conservatives point to Regnerus’ “study” as proof that LGBT parents are bad parents, that the children we raise — despite all valid evidence to the contrary — aren’t as good as those raised by heterosexual parents.

Of course, what Regnerus actually did was use adults who as children had parents in broken relationships, parents who were divorced, in the process of getting divorced, or hanging out in failed marriages, found some who would claim one of their parents had had a same-sex “relationship,” and then call them gay or lesbian parents — wholly untruthful.

Scott Rose has written dozens, if not almost one hundred articles, debunking Regnerus and his so-called “study.” Sadly the damage has been done, and Regnerus’ work is now included in amicus briefs attacking same-sex marriage. Fortunately, much of the world knows the study is bunk.

Regnerus Scandal Ripped Wide Open As UT Confesses To Major, Systemic Ethics Failures

Princeton University Is Spreading Anti-Gay Lies And Hate To The World

Six More Sociology PhDs Call For Retraction Of Regnerus Anti-Gay ‘Study’

Regnerus Scandal: Prominent Sociologist Delivers Devastating Professional Evaluation

Regnerus Scandal: Researcher Lying, Not Independent From Anti-Gay Funders

Maggie Gallagher: ‘Rare’ That Any Of 650,000 US Same-Sex Relationships Are ‘Stable’

BOMBSHELL: Regnerus Anti-Gay Scandal: Clear Evidence Of Misconduct

Opinion: In Regnerus Study Scandal, Anti-Gay Rights Funder Manipulated Data

IRS Complaint Filed Against NOM And Witherspoon In Regnerus Anti-Gay Study Scandal

Gay Parenting: After The Regnerus Debacle, Where Are The Apologies?

BOMBSHELL: Editor Darren Sherkat Admits Peer Review Failure Of Invalid, Anti-Gay Regnerus Study

Opinion: NOM Shill Mark Regnerus’ Long History Of Using Religion To Attack Gays

Opinion: How Anti-Gay Regnerus ‘Study’ Was Corrupted By NOM From Beginning To End

LGBT Groups Unite Against Flawed Conservative-Funded Anti-Gay Parenting Paper

NOM Founder And Mormon Church Tied To First Report Of New Anti-Gay Parenting Paper

 

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LGBT

Disney Shareholders Nix Proposal to Cut Ties with Human Rights Commission

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Disney, Paradise Bay, Disney California Adventure, Anaheim, California. 2016

Disney shareholders rejected a proposal that would see the company cut ties with the Human Rights Commission, a LGBTQ rights organization.

The “Request to Cease CEI Participation” proposal, if enacted, would see Disney end participation in the HRC’s Corporate Equality Index, which rates companies on their friendliness towards the LGBTQ community. Ratings are determined via surveys submitted to the HRC. Companies are rated on nondiscrimination policies, benefits for LGBTQ workers, corporate culture and social responsibility. The Walt Disney Co. currently holds a perfect 100 score, and has since 2007.

The proposal was submitted by the National Center for Public Policy Research, through its Free Enterprise Project initiative, according to Variety.

READ MORE: Tim Walz Mocks Anti-LGBTQ Book Bans During HRC Speech

“The threat of a bad score is wielded against corporations to force them to do the political bidding of HRC and others (like GLSEN, the Trevor Project and GLAAD, which Disney also has paid partnerships with) that seek to sow gender confusion in children, encourage irreversible surgical procedures on confused teens, effectively eliminate girls’ and women’s sports and bathrooms, and roll back longstanding religious liberties,” the proposal read in part, according to Deadline.

Only 7% of shareholders voted to approve the proposal, Deadline reported. The HRC celebrated the news.

“This vote gives us a clear statement of values from Disney’s shareholders. They know what we know – that despite all the noise, commitments to inclusion pay figurative dividends and help their literal bottom line,” Eric Bloem, Vice President of Corporate Citizenship at the Human Rights Campaign Foundation, said in a statement.

Proposals like this are part of a anti-DEI campaign against a number of large corporations. Right-wing activist Robby Starbuck has been a particularly loud campaigner in getting companies to cut ties with the HRC, according to LGBTQ Nation.

“This group, the HRC, fuels the wokeness in Corporate America via their CEI scoring system where companies bend over backwards to get a 100% score. Many even hire a special health care concierge for LGBTQ employees and fund transitions for children of employees in order to get their 100% CEI score,” Starbuck wrote on X (formerly Twitter) last year.

“To get their 100% score, they essentially have to worship at the altar of left wing policy. Over the coming months, with the help of some great whistleblowers, we will expose every element of these disgusting practices. Now is the time to name and shame every single company who associates with this open hatred of conservative consumers.”

Though Disney did not make a particular comment beyond saying that the proposal was “not approved,” Costco officials had harsh words when they were faced with a similar proposal brought before shareholders by the same group.

“The proponent professes concern about legal and financial risks to the Company and its shareholders associated with the diversity initiatives. The supporting statement demonstrates that it is the proponent and others that are responsible for inflicting burdens on companies with their challenges to longstanding diversity programs. The proponent’s broader agenda is not reducing risk for the Company but abolition of diversity initiatives,” Costco’s board of directors wrote in a statement urging shareholders to vote against the proposal.

Image by Eric Philbin via Wikimedia Commons, used under Creative Commons license.

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CRIME

AG Pam Bondi Says Tesla Vandals Could Get 20 Years In Prison

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U.S. Attorney General Pam Bondi announced on Thursday that, if convicted, the Tesla vandals who lit the electric cars and charging stations ablaze could get up to 20 years in prison.

“The days of committing crimes without consequence have ended,” Bondi said. “Let this be a warning: if you join this wave of domestic terrorism against Tesla properties, the Department of Justice will put you behind bars.”

Bondi announced the charges against three alleged Tesla vandals. All of the defendants are accused of using Molotov cocktails. Two defendants, one in Salem, Oregon and another in Loveland, Colorado, allegedly attacked Tesla dealerships. A third allegedly burned Tesla charging stations in Charleston, South Carolina.

READ MORE: Fox News Reporter Challenges Trump on Promoting Tesla While Americans Are ‘Struggling’

Though Bondi’s statement did not identify any of the defendants or reveal the charges levied against them, the Department of Justice said the penalty ranged from five to 20 years in prison. Bondi has previously characterized the attacks on Tesla dealerships as “nothing short of domestic terrorism” according to ABC News.

The three anonymous defendants cited by Bondi are not the only alleged Tesla vandals. Earlier this week, a Tesla service center in Las Vegas was hit, as was a dealership in Kansas City, Missouri according to Electrek.

Tesla dealerships have seen an increase of protests as many left-leaning figures are calling for boycotts against the company. Tesla’s CEO, Elon Musk, is also the leader of the Department of Government Efficiency, or DOGE. Despite the name, DOGE is not an official department of the U.S. government, as it was not established by Congress. DOGE is behind the recent mass firings of government workers.

Outside of the peaceful protests, vandals have spray-painted anti-DOGE and anti-Tesla graffiti on Tesla cars and dealerships. The number of arsons at dealerships has also been increasing of late, leading Fox News anchor Harris Faulkner to suggest that arsonists could face the death penalty, according to Mediaite.

“What happens if there’s someone in one of these cars they blow up? That can happen! That becomes murder! Or worse. Terrorism plus! And I know that on January 20th, the president signed into law, into, through an executive order, restoring the death penalty. Do you think this sort of thing… And I hate to think it! People leave their children and pets in cars. I mean, you don’t know! This is deadly dangerous stuff these liberal protesters are playing with!” Faulkner said.

There have been no reports of Teslas being lit on fire with anyone nearby. The Teslas set on fire have primarily been at dealerships after business hours, times when no one would be in the cars, making Faulkner’s scenario unlikely.

Image via Reuters

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CORRUPTION

Josh Hawley Says ‘Only’ SCOTUS ‘Issues Rules for Whole Country’, Despite Constitution

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Senator Josh Hawley (R-MO) vowed to file legislation stopping federal district judges from ruling on orders issued by President Donald Trump. He claims it’s outside of their jurisdiction—but the Constitution disagrees.

On Wednesday, Hawley appeared on The Charlie Kirk Show to slam district judges who have issued injunctions against the Trump administration’s acts, including the mass firings of federal workers and the rollback of DEI initiatives.

“These are district courts, local federal courts, that are saying, ‘I’m not just going to issue an order that says what the executive branch can or cannot do in my district, I’m going to issue an order that binds the executive branch for the entire nation,'” Hawley said.

READ MORE: Conservative Rains Hell on ‘Dishonest’ and ‘Scummy’ Josh Hawley

“That is not a power that I think district courts have… what needs to happen is one of two things: Either the Supreme Court needs to intervene and make clear there’s only one court that can issue rules for the whole country, that’s the Supreme Court, that’s why we only have one of them. And or, if they won’t do that, Congress needs to legislate and make clear that district courts do not have the ability to issue these kinds of injunctions.”

On Thursday, Hawley vowed on X (formerly Twitter) to file legislation that would strip power from district court judges, keeping them from issuing these sorts of injunctions.

“District Court judges have issued RECORD numbers of national injunctions against the Trump administration – a dramatic abuse of judicial authority. I will introduce legislation to stop this abuse for good,” he wrote, declining to include any details on what that legislation may look like.

Article III of the U.S. Constitution lays out the American judicial system. While the Supreme Court is the final authority, it is primarily an appellate court—meaning that lower courts make initial rulings which are then appealed up the chain. The Supreme Court can only be the original court in cases involving “Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party,” the Constitution reads.

District Courts are the lowest level of federal courts, and there are 94 of them throughout the U.S., with each state getting at least one, as well as the District of Columbia. Much like the state courts, district courts hear criminal cases—when federal crimes have been committed—as well as civil cases. Civil cases deal with legal and constitutional conflicts; the type of cases Hawley is referring to here.

As an example, let’s look at the recent case involving Trump’s attempt to ban transgender people from serving in the military. In a case like this, the judge can issue an injunction, which puts Trump’s order on hold, until it can be heard by the courts.

It all starts with a lawsuit—in this case, Talbott v. TrumpTalbott was initially filed by six active service members and another two people who wanted to enlist. The plaintiffs said that Trump’s executive order would keep them out of the military illegally; the defendant, the Department of Justice, disagrees, saying the order is legal.

Whether or not to issue an injunction is up to the particular judge. If the judge declines to issue an injunction, the government could continue to act on Trump’s EO. In this particular case, U.S. District Court Judge Ana Reyes put an initial injunction on the order earlier this week. This keeps everything in a holding pattern; transgender people can remain in the military until the case is decided.

Given Reyes’ comments, it’s likely that she will rule that the EO is illegal. If the Justice Department chooses not to appeal the ruling, it will stand just as if the Supreme Court ruled on it. Of course, this is unlikely—the DOJ will almost certainly appeal. The case then heads to one of the 13 appellate courts.

Appellate courts review the original ruling. Often, both sides are given a brief time to argue their case—usually 15 minutes, according to the official U.S. Courts webpage—but not always. Sometimes, appellate courts look only at the written briefs in the case. Unlike district courts, appellate courts are ruled over by a panel of judges rather than just one.

The judicial panel will decide whether or not the original judge made an error in legal reasoning. The appellate court can decide whether to let the decision stand, to overturn it, or to send the case back to the district courts.

In this case, if Reyes rules in favor of the plaintiffs, and the appellate court upholds her ruling, the injunction keeping trans people in the military still stands. If the appellate court overturns the ruling, the injunction may still stand, if the plaintiffs decide to appeal. If the plaintiffs don’t choose to appeal, then the injunction would be lifted and Trump’s EO would be reinstated.

Either party can file a “writ of certiorari”, which asks that the Supreme Court to decide the case. So, in Talbott, it’s likely that either way the appellate court rules, either the DOJ or the plaintiffs would ask the Supreme Court to weigh in. The injunction would still stand until the Supreme Court either declines to take the case, or ultimately rules on it. At that point, whatever the Supreme Court decides would stand.

Image via Shutterstock

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