Closing out one of the most turbulent weeks in American politics and marriage equality comes big news from five states.
This has been one of the most-active weeks for U.S politics and for marriage equality. Three judges struck down bans on same-sex marriage, includingÂ a state and a federal judge in Missouri, and a federal judge in Kansas, and the 6th Circuit Court of Appeals upholding bans on same-sex marriage in four states.
It’s been a full week.
Now there’s more marriage news.
First up: Kansas.
TheÂ 10th U.S. Circuit Court of Appeals has just denied the State’s request for anÂ emergency stay pending appealÂ on the Kansas ruling, meaning same-sex couples can begin marrying next week.
Chris Geidner atÂ BuzzfeedÂ reports that “same-sex couples likely will be able to marry in Kansas later on Tuesday, Nov. 11, or, if no offices remain open past 5 p.m., then on Wednesday, Nov. 12.”
Meanwhile, Kansas is requesting an en banc review â€“ in this case a review by all the Circuit Court’s judges â€“Â of the ruling from theÂ 10th Circuit.
â€” Equality Case Files (@EQCF) November 7, 2014
Next up, in case the photo above didn’t give it away, we have another opportunity for the U.S. Supreme Court to review same-sex marriage cases.
The Court declined last month to take up any same-sex marriage cases, likely because there had not been any conflicting opinions at the appellate court level.Â
Now, the 6th Circuit’sÂ ruling removes that requirement and the nation’s highest court will likely step in and review at least one same-sex marriage case.
The big news is all four cases in which the 6th Circuit ruled that states haveÂ the constitutional right to ban same-sex marriage, will skip the next level, the en banc hearing, and are requesting the Supreme Court to hear theirÂ cases.
Chris Geidner filed a lengthy report updated over the past two days. Excerpts tell the story:
â€œ[G]iven the urgency of the issues for the Tennessee plaintiff couples, we will be asking the Supreme Court to review the Sixth Circuit decision rather than seeking en banc review,â€ National Center for Lesbian Rights lawyer Shannon Minter wrote to BuzzFeed News.
â€œSince it seems as though review of this issue by the Supreme Court is an inevitability, we are not seeking en banc review. We hope to have the Kentucky case fully briefed and before the SCOTUS at the earliest possible date,â€ Dan Canon wrote to BuzzFeed News.
Al Gerhardstein, representing Ohioâ€™s James Obergefell, said he will be filing a cert petition at the Supreme Court, hopefully by next Friday, Nov. 14. Dana Nessel said that she would be doing the same on behalf of her Michigan clients, April DeBoer and Jayne Rowse, although she did not lay out a timeline for the filing.
â€œJustice [Ruth Bader] Ginsburg said they were waiting for a split on this issue â€” and they certainly have that now,â€ Nessel said.
Abby Rubenfeld, the lead lawyer for the Tennessee plaintiffs, updated BuzzFeed News about Fridayâ€™s call with the counsel from all four states.
â€œWe just had a conference call with the attorneys from all four Sixth Circuit states on the marriage cases. We were all in agreement to apply for certiorari at the supreme court, and not to first seek en banc review in the Sixth Circuit,â€ she explained. â€œGiven the significance of the issue, the reality that it will end up in the Supreme Court ultimately, and the harms that all of our clients are suffering each day that their marriages are not recognized, we want to get to the Supreme Court sooner rather than later.â€Â
â€œWe hope to file within two weeks, and hopefully sooner, so that we can still be on the docket for this termâ€”which means resolution by june 30, 2015,â€ she added.
Image via FlickrÂ
Related AtÂ The New Civil Rights Movement:
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‘The Law Is Clear’: Appeals Court Rules Trump Handpicked Judge Should Never Have Appointed Special Master
A three-judge panel on the conservative 11th Circuit Court of Appeals has ruled against Donald Trump, and effectively against his hand-picked federal district court judge Aileen Cannon in the ex-president’s “special master” case.
The judges, all three conservatives, two of whom appointed to the bench by Trump himself, ruled that Judge Cannon should never have agreed to Trump’s request to appoint a “special master” to review all the items the Dept. of Justice removed from his Mar-a-Lago residence by executing a legal search warrant.
Cannon had ordered the special master to specifically review approximately 100 classified documents, and blocked the DOJ from accessing them while they were under review. That block halted its investigation into Trump’s likely illegal retention of the documents and other items – over 10,000 – he removed from the White House and was string at Mar-a-Lago.
CNN calls Thursday’s ruling “a major defeat for former President Donald Trump.” The appeals court’s ruling halts “a third-party review of documents seized from his Mar-a-Lago estate,” and “removes a major obstacle to the Justice Department’s investigation into the mishandling of government records from Trump’s time in the White House.”
“The law is clear,” the judges wrote in their ruling Thursday, posted by NBC News’ Daniel Barnes. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so. Either approach would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations.”
“And both would violate bedrock separation-of-powers limitations,” they continued. “Accordingly, we agree with the government that the district court improperly exercised equitable jurisdiction, and that dismissal of the entire proceeding is required.”
They also wrote: “In considering these arguments, we are faced with a choice: apply our usual test; drastically expand the availability of equitable jurisdiction for every subject of a search warrant; or carve out an unprecedented exception in our law for former presidents. We choose the first option. So the case must be dismissed.”
“The district court,” meaning Judge Cannon, “improperly exercised equitable jurisdiction in this case. For that reason, we VACATE the September 5 order on appeal and REMAND with instructions for the district court to DISMISS the underlying civil action.”
Right Wing Social Media Platform Parler Announces Kanye West Will No Longer Buy It in ‘Interest of Both Parties’
After Kanye West‘s antisemitic and racist remarks last month, which led to him being deplatformed by Twitter and Instagram, the extremist artist and rapper announced he was purchasing the right wing “free speech” social media platform Parler, which performs little content moderation.
On Thursday, hours after West went on far right extremist and conspiracy theorist Alex Jones’ show and praised Adolf Hitler, Parler issued a statement saying by mutual agreement West would not be purchasing the platform.
But the Parler statement, which came from its parent company, also claimed the decision had been made weeks ago.
“In response to numerous media inquiries, Parlement Technologies would like to confirm that the company has mutually agreed with Ye to terminate the intent of sale of Parler,” Parler said on Twitter. “This decision was made in the interest of both parties in mid-November.”
On Thursday, stunning many, West told Alex Jones, “I see good things about Hitler,” as Consequence reported. “Every human being has something of value that they brought to the table, especially Hitler.”
When West had agreed to purchase Parler, he stated, “In a world where conservative opinions are considered to be controversial we have to make sure we have the right to freely express ourselves.”
CNBC reported last month that “Parler, which initially launched in 2018, was swept up in controversy last year over the role it played in the Jan. 6, 2021, riots at the Capitol building. That led a slew of tech companies, including Google and Amazon, to blacklist the service, rendering its app and website inaccessible.”
Owens, promoting nationalism, told young supporters in London, “Whenever we say nationalism, the first thing people think about, at least in America, is Hitler.”
“But if Hitler just wanted to make Germany great and have things run well, OK, fine. The problem is that he wanted, he had dreams outside of Germany. He wanted to globalise. He wanted everybody to be German, everybody to be speaking German. Everybody to look a different way. To me, that’s not nationalism.”
Hitler was responsible for the slaughter of up to 17 million people.
Image via Tinseltown / Shutterstock
‘This Is Nazism’: Americans Outraged After Kanye West Praises Hitler – ‘This Is Not a Clown Show. It’s Dangerous’
“I see good things about Hitler,” West told Jones, as Consequence reports. “Every human being has something of value that they brought to the table, especially Hitler.”
In between those two remarks West launched into a plethora of lies about all the good things Hitler has done, including inventing the microphone (false) and highways (also false.)
West doubled down, exclaiming, “I like Hitler,” and said, “the Jewish media has made us feel like Nazis and Hitler have never offered us anything of value to the world.”
West, who brought a white supremacist with him to dine with Donald Trump at Mar-a-Lago last week, today also claimed he loves everyone but injected antisemitic tropes about contracts and pornography.
“I think most Jews are great people,” West said, while claiming, “I agree there’s a Jewish mafia.”
West, who goes by “Ye,” astonishingly “took credit for popularizing antisemitism,” Consequence reports, “saying, ‘No one in high school knew what antisemitic meant until Ye made it popular.'”
That, too, is a lie.
The outrage online is palpable.
U.S. Rep. Ritchie Torres (D-NY) tweeted, “JUST NOW: ‘I see good things about Hitler, also. The Jews… Every human being has something of value that they brought to the table, especially Hitler.’
— Kanye West on far-right conspiracy theorist Alex Jones’ InfoWars show.”
“This is Nazism,” he added. “When are we going to say ENOUGH?”
Many pointed to a wildly offensive tweet posted by GOP Congressman Jim Jordan, who heads the House Judiciary Republicans. After nearly two months it was removed within minutes of West praising Hitler.
U.S. Rep. Eric Falwell (D-CA) blasted Jordan, saying: “for 2 months you were cool with Jew-bashing.”
For 2 months Jim Jordan refused to delete this tweet. Even after Kanye declared war on Jews. As he usually does, Jim looked the other way. Only after Kanye praised Hitler today did Jim delete the tweet. We have the receipts, Jim. And for 2 months you were cool with Jew-bashing. pic.twitter.com/kqzwkNW2pq
— Rep. Eric Swalwell (@RepSwalwell) December 1, 2022
Funny to learn exactly where the line is for the Republican party.
It’s not explicit but vaguely deniable antisemitism. No, it apparently only kicks in at openly praising Hitler. https://t.co/vMdJmG4Qci
— Dylan Reeve (@DylanReeve) December 1, 2022
Kanye had to literally praise Hitler and the Nazis before Jim Jordan’s House Judiciary Republicans deleted their pro-Kanye tweet. If you want to understand just how extreme the modern GOP is. https://t.co/il7QAg2EiO
— Mehdi Hasan (@mehdirhasan) December 1, 2022
Sam Stern of Politico and MSNBC took a wider view.
“We’re all gawking at Kanye saying he sees ‘good things about Hitler’ but i can’t escape the absolute dread that people who know no better and look up to this man and stumble upon this interview will be moved, even on the margins, by him,” he tweeted. “This is not a clown show. It’s dangerous.”
As did actor Josh Gad:
“It’s not what Kanye West says that scares me. It’s that he has 30 million followers who listen to his insanity on top of a cheerleader in the form of the current owner of this platform. No one who says “I love Hitler” should be allowed any oxygen on any social platform (period).”
There is video online of Kanye West’s vile remarks. NCRM will not post or link to it.
Image via Shutterstock
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