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Justice, Justice Shall You Pursue….

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Seth Marnin is the Assistant Legal Director at the Anti-Defamation League who articulates the whip saw like politics present in America today

I cannot escape feeling a bit of whiplash as a result of the past few weeks’ events. The Defense of Marriage Act (DOMA) was overturned and the supporters of Proposition 8, California’s ban on same-sex marriage, lacked standing to appeal the district court’s order declaring the law unconstitutional and enjoining California officials from enforcing it. The Voting Rights Act was gutted. Affirmative action lives to see another day. Employees’ ability to successfully raise claims of harassment and retaliation were made even more challenging to pursue. Justices aligned themselves in previously unimaginable ways. And that was just the Supreme Court.

The New York State Senate ended its session last week without taking up the Gender Expression Non-Discrimination Act (GENDA), which would have added protections for transgender and gender non-conforming New Yorkers in the area of employment, housing, public accommodations, and hate crimes. The federal Employment Non-Discrimination Act (ENDA), barring discrimination on the basis of sexual orientation and gender identity in employment continues to languish. Senator Wendy Davis (D) of Texas quite literally stood up for reproductive freedom, filibustering a bill that would have virtually banned abortion in the state of Texas.

Last month we read with horror about the senseless murder of a gay man in the West Village. The National Coalition of Anti-Violence Programs revealed in its annual Hate Violence Report that 2012 saw the 4th highest murder rate of LGBTQ and HIV-affected people (LGBTQH) in history.

The Colorado Civil Rights Division ruled in favor of six-year-old Coy Mathis when it found that the school district “discriminatorily denied” Coy “full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations in a place of public accommodation due to (her) sex and sexual orientation.” But an Ohio school added a prohibition against “Afro-puffs and small twisted braids with or without rubberbands” to their updated dress code (subsequently rescinded, with apologies).

We recently learned from the Williams Institute that lesbian, gay, and bisexual Americans remained more likely to be poor than heterosexual people and that transgender and gender non-conforming people report being denied access to gendered restrooms, and experience verbal harassment and physical assault in these spaces at alarming rates.  Another new study told us what we have long suspected: same-sex couples are discriminated against when trying to rent an apartment or a home.

So where does this leave us? We, together, have opportunities and responsibilities. We must fight fiercely. We may not cease doing the work that got us here. We must continue to build. That means continuing to foster the alliances we have formed and seeking ways to build new bridges. Justice Scalia opens his dissent in U.S. v. Windsor telling us that “this case is about power…” I agree completely with the sentiment, if not the rest of his conclusions. This case is about power. As is voting rights. As is affirmative action. Denying access to restrooms, discriminating against people in employment, housing, or public accommodations is all about power. Who has it and who does not.

Zakhor. Remember. We must remember that we did not get here alone. We must remember the interconnections and that we rise and we fall together. These last few weeks have highlighted for us that our collective rising and falling is not neat, nor is it synchronized. We are reminded that shifts in law and culture are not static. We take steps forward, and are pushed back. There is much work that remains to be done. Simone DeBeauvior once said, “It is in the knowledge of the genuine conditions of our lives that we must draw our strength to live and our reasons for acting.” May we go from strength to strength.

 Image of the scale of justice is courtesy via Wikimedia Commons

sethSeth Marnin, J.D., is the Assistant Legal Director at the Anti-Defamation League and helped prepare the ADL’s amicus briefs on DOMA and Proposition 8.  He is a former employment rights litigator with Outten & Golden LLP .

 

 

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CORRUPTION

Despite Jeffrey Epstein ‘Hoax’ Comments, Speaker Claims Trump ‘Wants Everything To Come Out’

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In an attempt to walk back his previous claim that President Donald Trump had been an FBI informant in the case against sex offender Jeffrey Epstein, Speaker of the House Mike Johnson (R-La.) said that Trump wants to see all the files released. This runs counter to many statements from Trump calling the files’ release “foolish” and that the files themselves are a “hoax.”

On Friday, video of Johnson telling CNN’s Manu Raju that Trump had been an FBI informant in the Epstein case went viral. Over the weekend, Johnson’s office released a statement clarifying that he meant Trump “was the only one more than a decade ago willing to help prosecutors expose Epstein for being a disgusting child predator.”

In a new video, Raju asks Johnson again about the claim. Though Johnson said he didn’t know if he “used the right terminology,” the fact that Trump was willing to assist prosecutors and had previously ejected Epstein from Mar-a-Lago was “common knowledge.” Raju asked if Trump had been “asked to wear a wire,” but Johnson said he had no knowledge of that, only that Trump “was helpful in trying to get Epstein for law enforcement.”

READ MORE: Trump Launches Bizarre Epstein Files ‘Scam’ Rant When Asked About Russiagate

“The President and I have talked about the Epstein evils many times. He’s disgusted by it as everybody else. He has long had a history of acknowledging that, and he has said repeatedly he wants everything to come out, all credible information, everything for the American public to decide,” Johnson added.

Despite Johnson’s statement, Trump has had varied reactions to the Epstein files. While many in his orbit said his administration would release the Epstein files in full during his 2024 campaign, Trump himself was less keen on the idea, according to Time. While Trump suggested he may release the files, he also warned of inaccuracies in the data.

In a June 2, 2004 appearance on Fox & Friends, Trump said, “I guess I would [declassify the Epstein files. I think that less so, because you don’t know—you don’t want to  affect people’s lives if there’s phony stuff in there, because there’s a lot of phony stuff in that whole world. But I think I would.”  A few months later, Trump told Lex Fridman that he’d “certainly take a look” at releasing the client list.

On the other hand, Vice President JD Vance, during the campaign told comedian and podcaster Theo Von, “Seriously, we need to release the Epstein list. That is an important thing.” FBI Director Kash Patel also repeatedly called for “ALL of it to be released” during the campaign. Former advisor Elon Musk called for Trump to beat former Vice President Kamala Harris, because if he won “that Epstein client list is going to become public. And some of those billionaires behind Kamala are terrified of that outcome.”

Trump’s own son also demanded the release of the client list during the campaign.

“Everyone knows Bill Clinton was on Jeffrey Epstein’s plane and island a lot. Literally no one is at all surprised that he’s all over the release. What we want to know is ALL THE OTHER NAMES that the government has been hiding & running cover for. That will actually be revealing!” Donald Trump Jr. wrote on X (formerly Twitter) in January 2024.

But after Trump’s election, his administration released a portion of the Epstein files—though most of the files released had already been publicly available. Trump had also dismissed calls from fellow Republicans to release the rest of the files.

“Their new SCAM is what we will forever call the Jeffrey Epstein Hoax, and my PAST supporters have bought into this ‘bullsh*t,’ hook, line, and sinker,” he wrote on Truth Social this July.

Around the same time, he called Republicans still interested in the Epstein files “former supporters” who had been “duped by the Democrats.”

On Monday, Politico reported that the House Oversight Committee had received additional files from the Epstein estate. The committee is led by James Comer (R-Ky.). It is yet unclear what from these latest files will be released publicly and when.

Comer’s fellow Kentucky Republican, Rep. Thomas Massie, has been behind a push to compel the Department of Justice to release all information on Epstein publicly. Massie and Rep. Ro Khanna (D-Ca.) say they have the votes to force the DOJ to release the information.

Image via Reuters

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CORRUPTION

Sotomayor Slams SCOTUS Over Ruling ‘Declaring All Latinos Fair Game to Be Seized’ by ICE

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Justice Sonia Sotomayor had harsh words for the Supreme Court in her dissent in a ruling allowing Immigration and Customs Enforcement to continue to arrest people based on profiling Latinos working low-wage jobs.

Monday morning, the Supreme Court of the United States issued an emergency decision in Noem v. Vasquez Perdomo. The case concerns “Operation At Large,” which deployed ICE agents in the Los Angeles area to car washes, bus stops, farms and other locations believed to be frequented by Latino people who may or may not be undocumented immigrants. On July 11, the Central District Court of California ruled that ICE had to stop Operation At Large until appeals in the case could be heard.

The Court’s ruling contained no official explanation for the ruling, however Justice Brett Kavanaugh wrote a concurrence. In his concurrence, Kavanaugh said the law allowed ICE to “‘briefly detain’ an individual ‘for questioning’” if they have “a reasonable suspicion, based on specific articulable facts, that the person being questioned . . . is an alien illegally in the United States.”

READ MORE: Loyalty Litmus Test? Trump Allies Quietly Prep SCOTUS Short List

Operation At Large, he said, represented “reasonable suspicion” to detain someone on the following factors: “(i) presence at particular locations such as bus stops, car washes, day laborer pickup sites, agricultural sites, and the like; (ii) the type of work one does; (iii) speaking Spanish or speaking English with an accent; and (iv) apparent race or ethnicity.”

He added that “apparent ethnicity alone cannot furnish reasonable suspicion” but could be a “‘relevant factor,” and that if someone detained by ICE turned out to be a citizen, they would be “free to go after the brief encounter.”

Sotomayor disagreed that this is what was happening, citing what had happened to other citizens. Jason Gavidia worked at a Los Angeles tow yard that ICE stopped at. Agents repeatedly asked if he was a citizen. They then took his phone, pushed him against a metal fence, twisted his arm, and took away his identification, according to Sotomayor’s dissent.

“Other Operation At Large encounters have included even more force and even fewer questions. For example, agents pulled up in four unmarked cars to a bus stop in Pasadena; ‘the doors opened and men in masks with guns started running at’ three Latino men who were having their morning coffee, waiting to be picked up for work,” she wrote.

“In Glendale, nearly a dozen masked agents with guns ‘jumped out of . . . cars’ at a Home Depot, and began ‘chasing’ and ‘tackl[ing]’ Latino day laborers without ‘identify[ing] themselves as ICE or police, ask[ing] questions, or say[ing] anything else.’ In downtown Los Angeles, agents ‘jumped out of a van, rushed up to [a tamale vendor], surrounded him, and handled him violently,’ all ‘[w]ithout asking . . . any questions.'”

Sotomayor concluded that Operation At Large and the Court’s decision “all but declared that all Latinos, U. S. citizens or not, who work low wage jobs are fair game to be seized at any time, taken away from work, and held until they provide proof of their legal status to the agents’ satisfaction.”

She also condemned the court for not issuing an explanation beyond the concurrence. She alleged that the Court had been eager to “circumvent the ordinary appellate process” when it comes to President Donald Trump and his administration.

“Some situations simply cry out for an explanation, such as when the Government’s conduct flagrantly violates the law,” Sotomayor wrote, adding that Operation At Large and the Court’s ruling clearly violates the Bill of Rights.

“The Fourth Amendment protects every individual’s constitutional right to be ‘free from arbitrary interference by law officers.’ After today, that may no longer be true for those who happen to look a certain way, speak a certain way, and appear to work a certain type of legitimate job that pays very little. Because this is unconscionably irreconcilable with our Nation’s constitutional guarantees, I dissent,” she wrote.

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BAD PRESIDENT

Trump Backtracks From Chicago ‘Dept. of War’ Comment, Says He ‘Wants to Help’

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After sharing a meme appearing to threaten the city of Chicago with war, President Donald Trump has backtracked, saying he only wants “to help the people of Chicago, not hurt them.”

On Saturday morning, Trump posted to Truth Social an AI-generated meme captioned “Chipocalypse Now.” It depicts Trump sitting in front of the Chicago skyline as black helicopters fly in and fire rages behind him.

“‘I love the smell of deportations in the morning…’ Chicago about to find out why it’s called the Department of WAR,” the meme read.

trump chicago meme

After facing criticism over what many saw as a threat to declare war on an American city, the president tried to soften his original tone.

READ MORE: Judge Rules LA Troop Use Illegal as Trump Rants Chicago Is ‘Murder Capital of the World’

“We’re not going to war. We’re going to clean up our cities,” Trump told reporters on Sunday according to WLS-TV. “We’re going to clear them up so they don’t kill every five people every weekend. That’s not war. That’s common sense.”

Monday morning, he continued to reframe his original post as an offer of help.

“6 people were murdered in Chicago this weekend, 12 others were shot, and in serious condition. This would mean that over the past number of weeks, approximately 50 people were killed, and hundreds were shot, many expected to die. Governor Pritzker just stated that he doesn’t want Federal Government HELP! WHY??? What is wrong with this guy, and the 5% in Polls Mayor. I want to help the people of Chicago, not hurt them. Only the Criminals will be hurt! We can move fast and stop this madness. The City and State have not been able to do the job. People of Illinois should band together and DEMAND PROTECTION. IT IS ONLY GOING TO GET WORSE!!! ACT NOW, BEFORE IT IS TOO LATE!!! Thank you for your attention to this matter,” Trump wrote on Truth Social.

Trump’s reference to Gov. JB Pritzker refusing help likely refers to his response to the original meme.

“The President of the United States is threatening to go to war with an American city. This is not a joke. This is not normal. Donald Trump isn’t a strongman, he’s a scared man. Illinois won’t be intimidated by a wannabe dictator,” Pritzker tweeted Saturday.

It should be noted that though Trump has reframed his threat to Chicago, it hasn’t substantially changed. About 40 minutes before his post, he wrote another one about deploying the National Guard to Washington, DC.

“Washington, D.C. IS A SAFE ZONE IN JUST A MATTER OF WEEKS. Thank you, President Trump. Who’s Next???” Trump wrote.

Trump has repeatedly threatened to deploy federal troops to Democrat-led cities in addition to Washington. This summer he sent troops to Los Angeles to quell anti-ICE protests, an act a federal judge ruled violated the Posse Comitatus Act, which bans the use of military forces for law enforcement on American soil.

Image via Reuters

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