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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against “Afro-puffs and small twisted braids with or without rubberbands” to their updated dress code (subsequently rescinded, with apologies).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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Trump Running Out of Options in $83 Million Case After Court Rejects Rehearing Bid

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A federal appeals court handed President Donald Trump a loss on Wednesday in his quest for the entire court to re-hear his appeal in the $83 million E. Jean Carroll civil defamation case.

CNN reports that the court’s decision now allows the president to petition the U.S. Supreme Court to hear his claims arguing presidential immunity. The high court established broad criminal immunity for all presidents in 2024 for official acts.

A panel of judges earlier had affirmed a jury verdict that Trump had defamed Carroll in 2022 when he “denied her allegations of sexual assault, said she wasn’t his type, and suggested she made up the allegations to sell copies of her new book,” according to CNN.

Separately, the following year, a jury found Trump liable for sexual abuse and defamation “over an alleged assault that occurred in the mid-1990s at a New York department store and for statements he made in 2019 denying it happened.”

Trump has argued that the U.S. Department of Justice should have been substituted for him as the defendant. Since the DOJ cannot be sued for defamation, the case would have been ended.

Courthouse News adds that the majority of judges on Wednesday “concluded the court had correctly held that presidential immunity is waivable and that had Trump indeed waived it in the Carroll case.”

“If any other litigant had failed to raise an affirmative defense in this way, there would be no question as to whether he waived his right to assert it,” U.S. Circuit Judge Denny Chin wrote.

Trump has denied all wrongdoing.

READ MORE: ‘Mockery of the Law’: Supreme Court Weakens Voting Rights Act in ‘Earthquake’ Ruling

 

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GOP’s Midterm Fix for Voter Anxiety Is Tax Cuts — For the Wealthy: Report

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Republicans are reaching back into their old playbook to try to attract voters to support them in the midterms: tax cuts.

But their efforts are tied to lowering taxes on capital gains — such as stocks and homes — which could disproportionately favor wealthy Americans.

Bloomberg News reports that some Republicans want to tie capital gains taxes to inflation, which could reduce the tax burden.

“It would be the biggest step we could do to counteract the massive inflation under Joe Biden and the Democrats and have a positive impact on affordability, particularly affordability of housing, between now and the midterms,” Senator Ted Cruz (R-TX) told Bloomberg.

Cruz argued that the proposal would encourage homeowners to sell existing homes, which could free up the housing supply. He also said it would encourage Americans to sell stocks.

READ MORE: ‘Mockery of the Law’: Supreme Court Weakens Voting Rights Act in ‘Earthquake’ Ruling

“Despite enthusiasm among key Republicans, the proposal faces challenges. For starters, another big tax and spending bill would require near unanimous support in the fractured GOP,” Bloomberg reported. “Republicans have discussed compiling a fresh tax-cut package this year to serve as a follow-up to Trump’s 2025 ‘One Big Beautiful Bill’ to demonstrate to voters that they are taking steps to address unease about the economy.”

Bloomberg reported that the “disproportionate benefit for the wealthy would hand Democrats another attack line heading into a midterms where the party has already painted Republicans’ recent sweeping budget law as a give-away to the rich.”

Brendan Duke, Senior Director for Federal Budget Policy at the Center on Budget and Policy Priorities, noted:  “Only 1% of the benefits would go to the bottom 80%–after raising taxes on them thru tariffs, cutting Medicaid & SNAP, and letting ACA enhancements expire.”

Critics slammed the GOP proposal.

“I can’t think of a better indictment of the Republican party and the con they’ve played on working class people than their go-to idea for addressing affordability is a capital gains tax cut,” wrote Neera Tanden, who served as the Director of the Domestic Policy Council under President Joe Biden.

“Not for nothing, but this is another broken trickle-down hack idea,” declared Lincoln Project co-founder Reed Galen.

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‘Mockery of the Law’: Supreme Court Weakens Voting Rights Act in ‘Earthquake’ Ruling

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The majority-conservative Roberts Supreme Court on Wednesday further eroded the Voting Rights Act, tossing out Louisiana’s congressional district map after a group of non-African American voters sued, arguing the map constituted an unconstitutional racial gerrymander. Legal experts are warning the decision “will threaten Black and brown political representation for generations in Southern states.”

Justice Samuel Alito wrote the 6-3 ruling in the case, Louisiana v. Callais, with all six Republican-appointed justices in the majority and all three Democratic appointees dissenting. Justice Elena Kagan, writing for the dissenters, warned that the consequences would be “far-reaching and grave” and that Section 2 of the Voting Rights Act was now “all but a dead letter.”

USA Today reported that the “decision could ultimately reduce the number of Black and Hispanic members of Congress and boost Republicans’ chances of winning more seats in the U.S. House, where they have a thin majority.”

“It will now be easier for Republicans to draw maps that favor their party,” the paper observed, “particularly in the South where a voter’s race closely aligns with party preference.”

Critics and legal experts blasted the Court’s decision.

“Today’s VRA decision is intellectually dishonest and wrong,” wrote noted Democratic attorney Marc Elias. “The conservatives basically said: Black people can vote for their preferred candidates, as long as they prefer the right candidates — which will be Republicans. An [absolute] mockery of the law and stain on the court.”

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Elias also wrote that in its decision, the Supreme Court “kneecapped the Voting Rights Act (VRA), the landmark civil rights law that restricted racial gerrymandering and racial discrimination in voting for more than fifty years.”

The Democracy Docket social media account added: “Today’s decision will threaten Black and brown political representation for generations in Southern states.”

Democracy Docket, which was founded by Elias, also warned that today’s Supreme Court decision could usher in an additional 27 Republican-held seats in Congress and secure “GOP House control for at least a generation.”

Election law expert Rick Hasen slammed the Alito decision.

“It is hard to overstate what an earthquake this will be for American politics,” he wrote at his Election Law Blog. “Justice Alito knows exactly what he’s doing: make it seem like he’s not gutting the Voting Rights Act through technical language, turning both the statute and the Constitution on its head. It’s the product of his long mission: to favor the white Republicans he seems to think he represents on the Supreme Court, rather than all Americans.”

NAACP President Derrick Johnson wrote that the decision “is a devastating blow to what remains of the Voting Rights Act, and a license for corrupt politicians who want to rig the system by silencing entire communities.”

“The Supreme Court betrayed Black voters, they betrayed America, and they betrayed our democracy,” he added, calling it “a major setback for our nation” that “threatens to erode the hard-won victories we’ve fought, bled, and died for.”

READ MORE: Trump ‘Frustrated’ by Ballroom Legal Battles — So GOP Wants You to Pay for It: Report

 

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