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Catholic Church Says Federal Court Has No Jurisdiction Over It, Because Religious Freedom

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It is a case that has never been seen in this country before – and a harbinger of the religious right’s attacks on America yet to come. If you thought Hobby Lobby was extreme, you haven’t seen anything yet.

The St. Vincent de Paul School in Fort Wayne, Indiana is a small Catholic school of about 800 students. In 2012, Emily Herx was an English teacher there, and had been trying for a year to conceive. Like many women, she decided to try in-vitro fertilization, which required her to request some time off. At first, as Mother Jones reports, she was met with what she thought was support from her supervisor. “You are in my prayers.” Not even two weeks later, she was met with a pink slip.

Herx was labeled by one monsignor a “grave, immoral sinner,” merely for trying to have a family.

And so she’s suing the St. Vincent de Paul School and the Fort Wayne-South Bend Diocese for firing her.

Of course, the school and diocese are arguing “freedom of religion” allows them to hire and fire at will.

But they are also using an argument that has never been tried before, at least in America: Freedom of religion and the First Amendment mean they don’t even have to show up in court. In short, they are arguing the State has no jurisdiction over them, because of the First Amendment.

“[If] the diocese is required to go through a trial,” attorneys for the diocese and school argued, it would “irrevocably” deny Fort Wayne-South Bend the benefits of religious protection. Herx’s attorneys are fighting the appeal.

If they are successful – and yes, this could conceivably go to the Supreme Court – it would mean an entirely separate State exists, in essence, for religious institutions in America. Not only would they be tax-exempt, they would be law-exempt.

“I’ve never seen this before, and I couldn’t find any other cases like it,” Brian Hauss, a staff attorney with the American Civil Liberties Union Center for Liberty told Mother Jones.

“What the diocese is saying is, ‘We can fire anybody, and we have absolute immunity from even going to trial, as long as we think they’re violating our religion. And to have civil authorities even look into what we’re doing is a violation.’…It’s astonishing,” Hauss adds.

Louise Melling, a deputy legal director at the ACLU, was more critical: “It’s an unusual and extreme argument, to be saying the court doesn’t even have the legal authority to ask whether this was, in fact, sex discrimination. I can’t imagine they would prevail on that. It’s too extreme.”

Than again, Melling says she never would have predicted the recent wave of cases in which religious institutions asserted that they have an expansive right to discriminate. One of those cases was Burwell v. Hobby Lobby—the Supreme Court case that struck down the contraception mandate in the Affordable Care Act. The ACLU has also seen a climb in the number of Christian schools arguing that Title VII allows them to fire women who undergo IVF or become pregnant outside of marriage, or to fire employees who engage in same-sex relationships. “Hobby Lobby was just one case in this wave,” Melling says.

Conservatives, however, don’t see it as “extreme” at all.

Douglas Laycock, a professor at the University of Virginia Law School, says the diocese’s assertion is a “perfectly sensible argument.” Laycock, who has successfully argued numerous religious liberty cases before the Supreme Court, notes there is precedent for immunizing certain organizations from trial, although not necessarily under Title VII’s religious protections. “I think it’s going to be a hard sell,” he says. “But I don’t know that it’s ‘extreme.'”

Many Americans believe the Hobby Lobby case was extreme as well. 

But as it turns out, Hobby Lobby was just the beginning.

 

Image via Flickr

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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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