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Fighting DOMA, Edie Windsor Now Takes Her Case To The Supreme Court

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Edie Windsor, fresh off the heels of a federal district court win, is now petitioning the U.S. Supreme Court to rule on her case that has already found DOMA to be unconstitutional. Windsor, now 83, is working with the American Civil Liberties Union (ACLU).

READ: DOMA Ruled ‘Unconstitutional’ In Lesbian Estate Tax Case

In 2007, New York resident Edie Windsor married her partner of more than 40 years, Thea Spyer, in Canada, and when Spyer died, was forced by the U.S. Government to pay over $353,053 tax  in federal estate taxes, merely because the U.S. Government — because of DOMA — in not allowed to recognize her marriage.

Windsor, in Windsor v. United States, won her case and the government was directed to refund her $363,000.

The Huffington Post reports that today, “lawyers filed a petition on behalf of Edith ‘Edie’ Windsor, an 83-year-old lesbian from New York, asking the Supreme Court to review her case, thus bypassing a second round in the 2nd Circuit Court of Appeals, where the case is scheduled to appear next.

Earlier this month, the Obama administration asked the high court to review two other cases challenging DOMA’s constitutionality. With Windsor’s petition, there are now three cases, from three of the most significant gay marriage states, that could challenge DOMA at the Supreme Court as early as next spring, if the court consents to hear them.

On the phone Monday, Windsor told The Huffington Post that she never dreamed her lawsuit would get this far. At family breakfasts, Windsor said, two 10-year-old cousins have started asking her every morning, “Is it in the Supreme Court?”

“I tell them, ‘We don’t know yet. Not today. But we hope we will be there, and I’ll let you know when,'” Windsor said.

When U.S. District Court Judge Barbara Jones ruled in Windsor’s favor last month, Windsor said she walked around, looking at all the photographs of Spyer displayed on the walls of her New York home.

Windsor said she was thrilled about how wide-reaching the implications of her case could be for other same-sex couples. But her first reaction was, “I need to tell Thea immediately,” she recalled. “So I walked around, looking at the pictures and I said, ‘Oh honey, look what’s happening.'”

Noting that the ACLU “has struck out in a different direction from the Obama Administration on a key question of legal strategy,” Chris Geidner, writing at Buzzfeed, today in a lengthy examination, adds:

In today’s filing, the ACLU argues that the case presents “a question of exceptional national importance,” stating, “DOMA has been held unconstitutional by federal courts in three circuits. The Government has declined to defend its constitutionality, but continues to enforce the statute pending resolution by this Court. Thus, individuals like [Windsor] continue to suffer serious consequences from the Government’s failure to recognize their lawfully solemnized marriages.”

The House Republican leadership-controlled Bipartisan Legal Advisory Group and the Department of Justice already have weighed in asking the court to take two other cases challenging the constitutionality of DOMA. The House GOP leadership has been defending DOMA’s constitutionality since the Obama Administration stopped defending the law’s federal marriage definition in February of 2011.

Today, Windsor’s lawyers are telling the Supreme Court that her case is the one the court should take. As the Obama Administration did earlier this month in another DOMA challenge, the ACLU is asking the Supreme Court to take the unusual step of hearing the case before a federal appeals court rules on it.

Joined by a high-powered law firm – the lead lawyer for the ACLU’s case is Roberta Kaplan, a partner at Paul, Weiss, Rifkind, Wharton & Garrison – and one of the leading liberal law professors in the country, Stanford Law School’s Pam Karlan, the ACLU is pressing the argument that Windsor’s challenge “presents an excellent vehicle” for deciding DOMA’s constitutionality.

The main reason for this, the ACLU’s legal team argues, is that the GOP leaders “acknowledged that [Windsor] ‘has submitted documents that, if accurate, establish … the estate would not have been liable for federal estate tax, if Spyer had been married to a surviving male U.S. citizen at the time of her death.’” In other words, the Republican filing acknowledged that, without DOMA, Windsor wouldn’t have owed taxes and there would have been no case.

A week before the ruling in Windsor’s case, the First Circuit Court of Appeals in Boston held that DOMA was unconstitutional in another pair of challenges to the law, brought by Gay & Lesbian Advocates & Defenders and Massachusetts Attorney General Martha Coakley (D), and involving several couples challenging the law. And a California judge struck down the law earlier this year in a case brought by an employee of the federal courts, Karen Golinski, who was denied spousal health insurance benefits for her wife. Golinski’s case, brought by Lambda Legal, is now on appeal before the Ninth Circuit Court of Appeals.

 

Video of Edie Windsor discussing her court win in June:

https://youtube.com/watch?v=ashwGjJQASA%3Fversion%3D3%26hl%3Den_US

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‘New MAGA Slush Fund’ Could Hand Trump Coalition ‘Cut of the Spoils’: Columnist

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President Donald Trump reportedly may drop his $10 billion lawsuit against the IRS in a settlement handing him control of a $1.7 billion “MAGA slush fund” to compensate victims of government abuse, according to The New Republic‘s Greg Sargent, who calls it a “Shakedown.”

Citing an ABC News report, Sargent explains that the proposed settlement “would create a ‘commission’ with ‘total authority’ to settle ‘claims’ brought by those who allege such weaponization. Per ABC, this not only includes the insurrectionists; it could even settle purported claims by ‘entities associated with President Trump himself.’ By all indications it would operate with little-to-no congressional oversight.”

U.S. Rep. Jamie Raskin (D-MD) told Sargent it is “a shocking new betrayal of the Constitution.”

This “new MAGA slush fund,” Sargent says, would come from an existing Justice Department fund that has strict controls, including transparency requirements. But “Trump would wield quasi-direct control” over the $1.7 billion, including being able to fire commission members “without cause,” and “it wouldn’t be required to disclose its decision-making involving who gets awarded compensation.”

Raskin told Sargent, the “Judgment Fund exists to settle valid judgments against the United States government.”

Raskin said that Trump and his allies are “trying to take money from the Judgment Fund while eliminating any controls and oversight” and put it under Trump’s “direct unilateral control.”

Because Congress did not set up any fund like this it could be unconstitutional.

“Congress never would have passed a $1.7 billion slush fund for his friends—this is completely outside of our constitutional framework,” Raskin said. He called it “an outrageous desecration of congressional power of the purse.”

Raskin also noted that the Constitution’s 14th Amendment prohibits government from assuming any “obligation incurred in aid of insurrection or rebellion against the United States.”

So if Trump wants to use the $1.7 billion to compensate the January 6 rioters, he will be “using federal taxpayer dollars to compensate people who participated in insurrection,” according to Raskin.

Trump and his lawyers “are figuring out a way to refund the January 6 militia, presumably to get them ready for the next round of battle,” Raskin said.

“So at bottom,” Sargent concludes, “payments from this fund might ultimately serve as a form of coalition management: They’ll keep large swaths of his coalition persuaded that a win for Trump, no matter how illicit or ill-gotten, is a win for them. That his corruption isn’t just in his own interests, but in theirs, too. Because, after all, they’re getting a cut of the spoils.”

 

Image via Shutterstock

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CNN Analyst Stunned Bottom Has ‘Completely Fallen Out’ For Trump

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CNN analyst Harry Enten is stunned at how far President Donald Trump’s approval rating has fallen, especially among Latino voters.

“The bottom has completely fallen out when it comes to Donald Trump and Latino voters,” Enten said on Friday.

“What a different world,” he exclaimed. “Oy vey, if I’m the president of the United States, because just take a look here.”

Trump won a “record share” of Latino voters for a “Republican presidential nominee, 46 percent of the vote,” Enten said, “going all the way back since we had the advent of exit polls back in 1972.”

Trump’s job approval rating, in an average of CNN polls, is 28 percent — “an 18 point drop,” Enten explained.

Latino voters from 2024 “have abandoned him with the utmost, just, dislike of what he is doing so far — just 28 percent, a drop of 18 points.”

And with Latino men, Enten said, “Oh, my goodness gracious.”

Trump is at -41 points, a “movement of 51 points, a shift away from the president of the United States.”

“Again, the bottom has just completely fallen out, and, of course, when you look across that political map, there are so many races that will be involving a lot of Latino voters, and when you see numbers like this, I just go, ‘Uh oh,’ if I am a Republican running for Congress,” he said.

Enten also said that one of the reasons Trump had “record performance with Latinos back in 2024, was because the issue of the economy. They trusted Donald Trump by a three-point margin against Kamala Harris.”

But his net approval on the economy now? “Minus 46 points.”

“No wonder the bottom has fallen out with Latino voters and Latino men in particular,” he added.

 

Image via Reuters 

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Alito Refuses to Recuse From Supreme Court Case Despite Stock Ownership in Industry

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Supreme Court Justice Samuel Alito is refusing to recuse himself from a major climate case despite owning stock in several energy companies, although none in the two that are parties in the lawsuit the court will hear next term.

Citing his energy stock ownership, liberal groups have been calling for the conservative justice to recuse, and they have asked the Senate Judiciary Committee to investigate Alito’s involvement, NBC News reports. But the Supreme Court says Alito is not obligated to do so.

“Justice Alito does not have a financial interest in any party” involved in the case, a court spokesperson told NBC News in a statement. The court’s legal counsel advised that “his recusal is not required.”

ExxonMobil and Suncor Energy are fighting to have dismissed a lawsuit involving damages for climate harms, NBC News reports.

Justices are not required to recuse unless they have a direct conflict, such as specific stock ownership, a personal relationship, or a history with the case prior to their appointment to the Supreme Court.

In their letter, the liberal groups say that justices should recuse if their “impartiality might reasonably be questioned” by an “unbiased and reasonable person who is aware of all relevant circumstances.”

The liberal groups also say they have “deep concerns” about Alito’s “inconsistent history of recusals from cases from which he should be compelled to recuse under long-standing federal law.” They cite “his substantial holdings in individual oil and gas companies and other personal ties.”

They point to what they call Alito’s “irregular recusal practice in oil and gas industry-related cases,” saying that it is “undermining public confidence in the impartiality of the Court.”

NBC notes that “in 2023, Alito did recuse himself when the court turned away an appeal from the companies in the Colorado case.” That same day, “the court rejected appeals in similar cases involving other companies, including ConocoPhillips and Phillips 66. Alito also did not participate in those cases.”

But the court’s spokesperson said that Alito was “inadvertently recused” from the Colorado case.

 

Image via Reuters 

 

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