Federal Appeals Court Issues Strongly-Worded Ruling Against Lower Court Judge
The 1st Circuit Court of Appeals has just handed down a decision overturning a lower court’s ruling that had found Puerto Rico‘s ban on same-sex marriage to be constitutional. In early March a federal judge ludicrously decided that because the U.S. territory was not an incorporated territory, the U.S. Constitution was to be applied differently, despite previous rulings, including the Supreme Court’s decision in Obergefell.
Same-sex marriage once again is constitutional in Puerto Rico.
Today’s ruling clearly mocks the decision of the lower court judge, U.S. District Court Judge Juan PÃ©rez-GimÃ©nez, and does not mince words in doing so.
â€œThe district courtâ€™s ruling errs in so many respects that it is hard to know where to begin,â€ the 1st Circuit Court ruling begins.
There’s plenty of legalese below, but suffice to say that the federal appeals court, as Chris Geidner at Buzzfeed notes, “stated unambiguously that Puerto Ricoâ€™s ban on same-sex couplesâ€™ marriages is unconstitutional, throwing a federal judge off a case after the judge had ruled in March that the ban was still in effect.”
The ruling can be read at Equality Case Files.
“In any event, for present purposes we need not gild the lily,” the 1st Circuit Court’s ruling states. “Our prior mandate was clear: Upon consideration of the parties’ Joint Response Pursuant to Court Order filed June 26, 2015, we vacate the district court’s Judgment in this case and remand the matter for further consider in light of Obergefell . . . . We agree with the parties’ joint position that the ban is unconstitutional. Mandate to issue forthwith.”
The 1st Circuit adds, “the district court both misconstrued that right and directlyÂ contradicted our mandate. And it compounded its error (and signaled a lack of confidence in its actions), by failing to enter a final judgment to enable an appeal in ordinary course. Error of this type is not so easily insulated from review. This court may employ mandamus jurisdiction when a district court has misconstrued or otherwise failed to effectuate a mandate issued by this court.”
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Burn Bags and Use of Personal Email: Justices’ Security Practices Even Worse Than Leak Investigation Showed
Multiple sources familiar with the court’s operations told CNN that justices often used personal email accounts for sensitive communications, employees used printers that didn’t produce logs and “burn bags” to collect sensitive materials for destruction were often left open and unattended in hallways.
“This has been going on for years,” one former employee said.
Some justices were slow to adopt email technology — they were “not masters of information security protocol,” according to one source — and court employees were afraid to confront them over the security risks.
Supreme Court marshal Gail Curley in her investigative report noted that printer logs intended to track document production were insufficient, but a former employee said employees who had VPN access could print documents from any computer, and remote work during COVID-19 shutdowns and otherwise meant draft opinions could have been taken from the building in violation of court guidelines.
Curley’s report noted that court methods for destroying sensitive documents should be improved, but three employees said striped burn bags supplied to chambers were often left sitting out unattended, and each justice had their own protocols for disposing of court documents.
A source familiar with court security practices said some colleagues stapled burn bags shut, while others filled them to capacity and left them near their desks, and others simply left them sitting in hallways where anyone with access to non-public areas could have taken sensitive materials.
Ethics Complaint Against Sinema Urges Investigation Into Staffers’ Duties and Her Possible ‘Abuse of Taxpayer Dollars’
If you are hired to work in Senator Kyrsten Sinema‘s office on Capitol Hill there is a 37-page memo you’ll want to read detailing all the responsibilities her staffers are required to perform, from getting her groceries, calling Verizon and going to her D.C. home to wait for a repair person if the internet goes out, scheduling massages, and ensuring her very detailed airplane requirements are met.
“It is your job to make her as comfortable as possible on each flight,” the memo says, as The Daily Beast first reported in December.
But now a group of 13 non-profit organizations have joined to file an ethics complaint against Senator Sinema (I-AZ), a new Daily Beast report reveals Friday, including details from that 37-page memo which the newly-independent lawmaker directed to be drawn up. Dated Thursday, the complaint is titled: “Letter to Senate Ethics Committee Regarding Reports of Sinema Abusing Taxpayer Dollars.”
“Senate Ethics guidelines stipulate that staff should not be asked to perform personal errands for members. This is an unambiguous ethical boundary,” the group’s complaint reads.
It also points to that 37-page memo, which it says, “indicates that staff are required, as a condition of their jobs, to carry out numerous tasks that are outside the scope of public employment, including doing personal errands for the Senator, carrying out household tasks at her private residence, and advancing their own funds for her personal purchases. It makes unreasonably precise scheduling demands, and former staff have confirmed some of the allegations.”
The allegations continue.
“And, most troubling, it calls on staff members, who are employed and paid by the public and explicitly barred from campaign activity, to schedule and facilitate political fundraisers and meetings with campaign donors, presumably during the workday while they are on the clock and physically on federal property.”
“Senate staff are prohibited under your guidelines from engaging in political activity ‘on Senate time, using Senate equipment or facilities.’ While you have not prohibited campaign activity outside work hours, the plain language of the memo clearly implies that Sen. Sinema expects her staff to carry out these scheduling tasks during the workday. And these tasks may separately violate Senate Rule 41.1, which explicitly prohibits Senate employees from ‘solicit[ing]’ campaign funds.”
The complaint also alleges that “Sen. Sinema required her staff to schedule three physical therapy and massage sessions a week related to her training for athletic competitions, and to tightly manage her dietary schedule — while allotting only a 30-minute period on Wednesdays for meetings with the constituents she represents.”
The carefully-worded complaint adds, “the allegations paint a picture of a Senator who is not only unresponsive to her constituents, but also disrespectful and even abusive to her employees and wholly unconcerned about her obligations under the law.”
The Daily Beast has posted a copy of the complaint here.
You can read The Beast’s full report here.
Santos May Owe Thousands in Unpaid Traffic Violation Fines and Fees Across Two States: Report
When he left for Washington, D.C., U.S. Rep. George Santos also appears to have left a string of unpaid traffic violation fines and fees in two states, including red light, double parking, and overtime parking citations totaling thousands of dollars.
The embattled serial liar and freshman New York GOP lawmaker “may owe more than $3,400 in unpaid citations, according to records from New York City and Florida,” CBS News reports.
Included in that total is $1,299.10 from Florida for toll violations that “racked up late fees and were ultimately sent to collections agencies.”
It appears that in November of 2016, as soon as he got his New York driver’s license after having one in Florida, a car previously ticketed via a red light camera whose plates match one registered to Santos “began piling up citations in New York City — 29 in the next two and a half years, according to city government records, which do not identify the drivers of vehicles being ticketed.”
“More than $1,800 in payments were made for 17 citations, but another 12 remain unpaid, with $2,142.61 still due, according to city records.”
CBS News also points to a New York Post report from January revealing “a Nissan Rogue driven frequently by Santos in recent months had been issued speeding tickets at least five times since he was elected on Nov. 8, ‘including four times in school zones.'”
Santos is under numerous state and federal investigations that span the gamut from campaign finance to allegedly stolen charity funds donated to save the life of a veteran’s service dog. The dog died after the vet could not afford to pay for the operation.
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