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Breaking: DOMA Declared Unconstitutional Again — By A Bush Appointee

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DOMA, the federal Defense of Marriage Act, has yet again been declared unconstitutional by a federal court, marking at least a half-dozen federal courts ruling the 1996 law unconstitutional.

In May, DOMA was declared unconstitutional by federal courts twice.

Both President Obama’s Department of Justice and John Boehner’s so-called “Bipartisan” Legal Advisory Group (BLAG) (which Democrats do not support) have petitioned the Supreme Court to rule on DOMA, after a string of seven rulings in a row shaming John Boehner’s hand-picked litigator, Paul Clement. Clement is reportedly being paid up to $1.5 million — your tax dollars — to defend a law deemed unconstitutional every time it’s reached the federal courts. Barack Obama and Eric Holder have also deemed DOMA unconstitutional.

The New York Times in an editorial earlier this month encouraged the Supreme Court to strike down DOMA, which they called a “noxious law.”

Read this (rather lengthy) portion of a press release via GLAD, Gay & Lesbian Advocates & Defenders:

Today, a U.S. District Court Judge ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional as a violation of equal protection guarantees. Her ruling comes with respect to claims brought by six married same-sex couples and one widower from the states of Connecticut, New Hampshire and Vermont who were denied federal tax, social security, pension and family medical leave protections only because they are (or were) married to someone of the same sex. Under the ruling, the plaintiffs’ marriages must be accorded the same federal protections and responsibilities as those of other married couples.

 

The ruling by Judge Vanessa L. Bryant, an appointee of President George W. Bush, stems from the lawsuit Pedersen et al v. Office of Personnel Management et al, filed by Gay & Lesbian Advocates & Defenders (GLAD) in November 2010 in the Federal District Court in Connecticut.

 

“Section 3 of DOMA obligates the federal government to single out a certain category of marriages as excluded from federal recognition,” Judge Bryant wrote, “thereby resulting in an inconsistent distribution of federal marriage benefits as all marriages authorized by certain states will receive recognition and marital benefits, whereas only a portion of marriages authorized by other states will receive federal recognition and benefits.”

 

“Judge Bryant’s ruling is very clear: married people are married and should be treated as such by the federal government. There is no legitimate basis for DOMA’s broad disrespect of the marriages of same-sex couples,” said Mary L. Bonauto, GLAD’s Civil Rights Project Director. “We are very pleased that the Court recognized that DOMA’s creation of second-class marriages harms our clients who simply seek the same opportunities to care and provide for each other and for their children that other families enjoy.”

“I’m thrilled that the court ruled that our marriage commitment should be respected by the federal government just as it is in our home state of Connecticut,” said Joanne Pedersen, who is a plaintiff with her spouse, Ann Meitzen. “I loved working for the Navy for many years, and now that I am retired I now just want to care for my wife and make sure we can enjoy some happy and healthy years together. DOMA has prevented us from doing that.”

Pedersen retired from a civilian position with the U.S. Department of the Navy after 30 years, the last 12 as a Special Security Officer for the Office of Naval Intelligence. Because of DOMA, she is unable to cover Ann on her health insurance plan—as other federal employees and retirees can. As a result, Ann and Joanne, who are living on fixed incomes, are forced to pay out of pocket for Ann’s insurance at significant cost.

The next step in the case is an inevitable appeal of the District Court ruling to the U.S. Court of Appeals for the Second Circuit from the interveners in the case – the Bipartisan Legal Advisory Group (BLAG) of the U.S. House of Representatives. BLAG intervened to defend DOMA from equal protection challenges after President Obama declared he would no longer defend the law in response to this case and Windsor v. United States. That appeal should come within the next 60 days.

The plaintiffs in the Pedersen case were all qualified for, and applied for, protections available to other married couples, but were denied on the grounds that Section 3 of DOMA requires the federal government not to recognize the existing marriages of same-sex couples. The specific harms include denials of Family Medical Leave Act benefits, federal laws for private pension plans, federal laws concerning state pension plans, federal income taxation, social security benefits, and employment benefits for federal employees and retirees.

Judge Bryant’s ruling continues the momentum building in federal courts across the country – including the U.S. Court of Appeals for the First Circuit, which ruled against DOMA in our challenge, Gill v. OPM on May 31 – finding Section 3 of the law unconstitutional. On June 6, a New York District Court judge ruled Section 3 of DOMA unconstitutional in the Windsor case. Back in February, a California District Court judge declared DOMA Section 3 unconstitutional as applied to a federal judicial employee in the case Golinski v. OPM.

The Pedersen case could now be joined on appeal with Windsor, in which the ACLU and the law firm Paul Weiss represent Edie Windsor, a widow who had to pay a sizable tax after her spouse’s death. Other cases are pending in other venues addressing health insurance coverage, long term care benefits for state employees, military benefits for active and retired military personnel, National Guard members and veterans.

3:10-cv-01750 #116

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News

Lawmaker Slammed for Claiming College Basketball Players Were Actually ‘Illegal Invaders’

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Michigan MAGA Republican state Rep. Matt Maddock is under fire after claiming three buses were “loaded up with illegal invaders.” The buses, according to multiple reports, were actually loaded with the Gonzaga University basketball team arriving for March Madness.

“Happening right now. Three busses just loaded up with illegal invaders at Detroit Metro. Anyone have any idea where they’re headed with their police escort?” Rep. Maddock wrote on social media Wednesday evening, tagging far-right former U.S. Congressman Pete Hoekstra, who served as U.S. Ambassador to the Netherlands under Donald Trump and is now the state’s Republican Party chair.

Informed of his error on social media, Rep. Maddock doubled down, and attacked.

READ MORE: Ronna McDaniel Is Just a ‘Normal’ Person Who ‘Never Denied the Election’ Says Hugh Hewitt

“Probably teams for the NCAA Mens Sweet 16 playing at LCA on Friday and Sunday,” a user on X wrote.

“Sure kommie. Good talking point,” Maddock quickly shot back.

ABC affiliate WXYZ executive producer Maxwell White, responding to the Maddock’s original post wrote: “Just to be clear, this was the Gonzaga basketball team. Photos show Gonzaga getting on an Allegiant plane to Detroit for the Sweet 16, and Flight Radar shows a plane from GEG to DTW landed at 7:25 p.m., around the time this photo was posted.”

“This is a wild tweet,” White added, before adding more evidence.

Hoekstra, who was accused of using racism and xenophobia to win his campaign for a U.S. Senate seat (he lost), did not respond directly to Maddock but did repost the apparently false claim.

Michigan State Senate Democratic Majority Whip Mallory McMorrow denounced Maddock’s claim as “dangerous.”

Maddock’s remark also made the national stage when U.S. Rep. Eric Swalwell responded.

READ MORE: Trump Campaign Says It Will Deploy ‘Soldiers’ to Polling Places

“Hey Einstein,” the California Democrat wrote, “your state is hosting the Sweet 16. Could it be a team bus? If it is, will you resign for your spectacular stupidity?”

In 2021 The Washington Post reported, “Michigan state Rep. Matt Maddock and his wife, Michigan Republican Party co-chair Meshawn Maddock, have repeatedly been called out by fact-checking journalists for promoting baseless claims of widespread voter fraud and falsely suggesting that covid-19 is comparable to the flu.”

See the social media posts above 0r at this link.

 

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OPINION

Ronna McDaniel Is Just a ‘Normal’ Person Who ‘Never Denied the Election’ Says Hugh Hewitt

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Right-wing talk radio show host Hugh Hewitt is facing backlash after declaring former RNC chair Ronna McDaniel, who was ousted after her hiring cost NBC News a tumultuous five days, a “normal” person who has “never denied the election.”

Last summer, The Washington Post‘s Philip Bump reported McDaniel “is still elevating 2020 election skepticism,” and “won’t say the election was fair.”

“I don’t think he won it fair. I don’t. I’m not going to say that,” McDaniel had said to CNN.

“CNN teased an upcoming interview between host Chris Wallace and Ronna McDaniel,” Bump wrote. “In the clip, Wallace asks McDaniel when she stopped being an ‘election denier’ — that is, someone who espouses skepticism about the validity of the election results. And, surprise! McDaniel never stopped.”

Bump also explained the danger in election denialism: “McDaniel won’t say Biden was legitimately elected because the base doesn’t want to hear it — but the base doesn’t want to hear it in part because leaders such as McDaniel won’t simply admit without qualifications that Biden won.”

READ MORE: Comer Refuses to Investigate Trump Family Member Over ‘Influence Peddling’ Allegation

“Establishing a system in which any loss can easily be framed as illegitimate means establishing a system in which no loss is accepted as valid,” Bump continued. “It means institutionalizing the idea that elections are inaccurate gauges of public opinion and, therefore, that the winners of those elections have no mandate to serve.”

On Wednesday Hewitt, a Washington Post columnist and former Reagan White House aide, said on Fox News that McDaniel “is a fine Republican. She is not an election denier. She has never denied the election.”

Former Republican Congressman Joe Walsh responded to that clip.

Bullshit Hugh. With Trump, she pressured MI canvassers to not certify the results; with Trump, she pressured other state attorney’s to sue & invalidate results in MI, PA, & WI; she worked with Trump on the fake electors scheme; she lied about charges of voter fraud well after those charges had been debunked. No major party chair in American history has done more to dispute a legit election. Shame on you,” Walsh wrote.

Media Matters’ Eric Kleefeld, also responding to that clip: “Somebody who helped coordinate fake electors and passed a resolution calling Jan. 6 ‘legitimate political discourse’ is not normal, and we must at all steps refuse to treat them as such.”

READ MORE: Greene Says She Won’t Take Responsibility if Johnson Loses Speaker’s Gavel Before Election

Hewitt had also told Fox News, “I don’t know who is going to keep MSNBC informed of what normal people think, because Ronna McDaniel is about as normal as they come. She’s a Michigan mom, she’s been in the job seven years. She represents the Republican Party.”

McDaniel, it could be said, does not represent the Republican Party, not the MAGA America First Republican Party of today, neither literally nor figuratively. Donald Trump engineered her ouster and installed his handpicked replacements, including his daughter-in-law and Michael Whatley, a right-wing attorney who was part of the Bush recount team during the contested 2000 presidential election.

The Atlantic’s Norman Ornstein, an emeritus scholar at the American Enterprise Institute (AEI), blasted Hewitt, calling him “an utter disgrace,” while adding, “shame on those like the Washington Post who showcase him.”

Adam Cohen, vice chair of Lawyers for Good Government, pointedly responded to Hewitt: “Hate to tell you this, but normal people don’t try to foment a coup, or deny the truth about election results Like Ronna McDaniel did.”

Watch the videos above or at this link.

READ MORE: Trump Campaign Says It Will Deploy ‘Soldiers’ to Polling Places

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News

Comer Refuses to Investigate Trump Family Member Over ‘Influence Peddling’ Allegation

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Last year House Oversight Committee Chairman Jim Comer acknowledged former President Donald Trump’s son-in-law and senior White House advisor Jared Kushner had “crossed the line” when he accepted $2 billion in foreign investment funds from the government of Saudi Arabia as he started up a private investment firm just months after leaving the White House.

Now, Chairman Comer says he will not open an investigation into any possible wrongdoing, Huffpost reports, despite top Democrats alleging Kushner engaged in “apparent influence peddling and quid pro quo deals.”

On Tuesday, the top Democrat on Comer’s Oversight Committee, Ranking Member Jamie Raskin, and Democrat Robert Garcia, the Ranking Member on the Subcommittee on National Security, the Border, and Foreign Affairs, formally requested Comer “convene a hearing regarding Jared Kushner’s apparent influence peddling and quid pro quo deals involving investments in exchange for official actions and to examine the resulting threats to our national security.”

“This Committee cannot claim to be ‘investigating foreign nationals’ attempts to target and coerce high-ranking U.S. officials’ family members by providing money or other benefits in exchange for certain actions while continuing to ignore these matters,” Raskin and Garcia wrote. “We therefore urge you to work with us to finally investigate Mr. Kushner’s receipt of billions of dollars from foreign governments in deals that appear to be quid pro quos for actions he undertook as senior White House adviser in Donald Trump’s Administration.”

READ MORE: Greene Says She Won’t Take Responsibility if Johnson Loses Speaker’s Gavel Before Election

The American people are deeply concerned about these business dealings and Mr. Kushner’s apparent influence peddling. We must address
those concerns with a fair, impartial, and public process to understand the truth and to institute meaningful reforms to safeguard public confidence in our executive branch.”

The two Democrats in their letter say their “request comes in light of allegations that Jared Kushner is pursuing new foreign business deals, just as Donald Trump becomes the presumptive Republican nominee for the presidency. Last year, well before these new allegations came to light, Chairman Comer had already conceded that Jared Kushner’s conduct ‘crossed the line of ethics’ and promised that the Oversight Committee would ‘have some questions for Trump and some of his family members, including Jared Kushner.'”

Raskin and Garcia paint a picture of “Kushner’s pattern of profiting off of his time in the White House.”

Citing The New York Times (apparently this article), they write, “Jared Kushner was closing in on investments in Albania and Serbia, leveraging relationships he built during his time as a senior adviser in his father-in-law’s White House. Reportedly, Mr. Kushner is considering an investment on the site of the former Yugoslav Ministry of Defense.”

“Mr. Kushner is reportedly being advised by Richard Grenell, another former senior Trump Administration official who served as U.S. Ambassador to Germany and, concomitantly, as ‘special envoy for peace negotiations between Serbia and Kosovo.’ Mr. Grenell reportedly ‘pushed a related plan’ for redevelopment of the same site during his time in the Trump Administration.”

READ MORE: Trump Says He Thinks He’s ‘Allowed’ to Accept Foreign Money to Pay Fines

“In pursuing investment opportunities in Albania, Mr. Grenell and Mr. Kushner have been openly leveraging their relationship with Edi Rama, the Prime Minister of Albania. While Commander-in-Chief, President Trump received unconstitutional payments from Prime Minister Rama and other senior Albanian government officials who spent thousands of dollars at theTrump International Hotel in Washington, D.C., over three separate stays,” Raskin and Garcia write.

They also allege, “Mr. Kushner successfully overruled State Department officials, including Secretary of State Rex Tillerson, to make President Trump’s first foreign trip as President to Saudi Arabia. Mr. Kushner personally intervened to inflate the value of a U.S.-Saudi arms deal and to finalize the deal President Trump signed, which was worth $110 billion. Mr. Kushner
also provided diplomatic cover and support to the Crown Prince after the brutal murder of Jamal Khashoggi, an American permanent resident and journalist. Mr. Khashoggi’s murder was assessed by American Intelligence to have been approved by the Crown Prince himself.”

Despite their extensive allegations, Chairman Comer is refusing to open an investigation.

“Unlike the Bidens, Jared Kushner has a legitimate business and has a career as a business executive that predates Donald Trump’s political career,” Comer said, as HuffPost reports. “Democrats’ latest letter is part of their playbook to shield President Biden from oversight.”

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