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Yet Another Win for Virginia Transgender Teen Gavin Grimm at 4th Circuit

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Fourth Circuit Hands Down Another Decision Against Gloucester County School Board

Virginia teenager Gavin Grimm was handed yet another win at the 4th Circuit Court of Appeals Thursday afternoon. Back in April the appeals court ruled in favor of the transgender teenaged boy, affirming that discrimination against transgender students qualifies as sex discrimination under Title IX. 

Grimm had sued the Gloucester County School Board, which adopted a policy forcing him to use a single-stall restroom. The April ruling was a big win, but the Gloucester County School Board appealed, asking that a three-judge panel of the 4th Circuit re-hear the case. They refused, handing Grimm another win.

This week, the Gloucester County School Board announced it will ask the U.S. Supreme Court to take up the case, and asked the 4th Circuit, in light of the possibility they might win at the Supreme Court, to stay – place a hold on – its ruling, again forcing Grimm into a discriminatory setting. 

Thursday afternoon, the 4th Circuit handed Grimm another win. In a 2-1 vote, the judges refused to stay their ruling.

What’s next?

The Gloucester County School Board can ask the Supreme Court to stay the 4th Circuit’s ruling. If they do, and if the Supreme Court agrees to stay the 4th Circuit’s ruling, that is no indication of how they would rule, or even if they will take the case. If the Supreme Court refuses to intervene, and not stay the 4th Circuit’s ruling, it’s more likely they will not take the case, suggesting they see no need to review the court’s decision.

Or, the Gloucester County School Board can just accept the 4th Circuit’s ruling, and wait for the Supreme Court to agree to hear its case – or to refuse to review it.

As Joe.My.God. notes, the 4th Circuit includes “Virginia, West Virginia, South Carolina, and (hello) North Carolina.”

Equality Case Files has today’s ruling.

 

Image by  via Twitter 

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RIGHT WING EXTREMISM

‘We Warned You’: Jenna Ellis Destroyed by Legal Expert for Comparing Herself and Giuliani to Atticus Finch

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Former Trump personal and campaign lawyer Jenna Ellis is getting blowback from at least one top legal expert after she falsely compared herself and her colleague, Rudy Giuliani, to fictional hero attorney Atticus Finch from “To Kill a Mockingbird,” and to founding father John Adams.

“No, you are not John Adams. You are not Atticus Finch. Competent lawyers warned you to stay away from the election lawsuits,” said top national security attorney Bradley Moss. “We warned you loyalty to a conspiratorial client [doesn’t] override ethical obligations to the court. It’s on you.”

Ellis, in video posted by Right Wing Watch (below), claimed that she and Giuliani were merely “advocating” for “politically inconvenient candidates” like Trump, which is provably false.

Giuliani, according to numerous news reports, wasn’t defending Trump so much as he was traveling the world trying to dig up dirt on Joe Biden to help Trump win re-election. When that didn’t work Giuliani (and Ellis) promoted false election “fraud” narratives, which is not advocacy for a client.

“It used to be that if you represented the politically inconvenient candidates or the, the politically inconvenient, people I mean look at ‘To Kill a Mockingbird,’ you know, it was like you were you were lauded as a defense attorney, like John Adams, you know, who represented people who deserve a defense,” Ellis said.

“This has such an impact on the future of America,” Ellis continued, “because if we tell lawyers that in order to advocate for a client, that means that necessarily you have to subscribe to their position, you will be you will be liable for your bar license essentially based on not only the merit of their case but the outcome, then we won’t have advocates anymore in the United States.”

Again, that is not a reality-based response to what she and Giuliani were doing.

Moss, meanwhile, was far from the only attorney criticizing Ellis.

Former Assistant United States Attorney for the Southern District of New York (SDNY), Richard Signorelli, commented, “Jenna is lucky she wasn’t given any actual lawyerly responsibilities.”

Atlanta appellate attorney Andrew Fleischman weighed in, saying, “It’s good for people to get due process before being convicted of things. It’s bad to file dozens of frivolous, dishonest lawsuits. That’s the distinction.”

 

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RIGHT WING EXTREMISM

Trump’s MAGA Supporters Chant Profanities Within ‘Clear’ Earshot of Young Kids Biden Was Talking to Outdoors

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Trump’s MAGA supporters were out in full force Friday afternoon, chanting “F**k Biden,” waving flags with the same slogan, along with ones that falsely claim “Trump won,” as President Joe Biden spoke with young children outside a Connecticut child development center.

“Around 50 more Trump supporters,” according to the White House press pool, “gathered a street away from the center. They chanted ‘F*** Joe Biden. He’s not our president.’ They also shouted ‘traitors’ as a coda while we walked inside.”

Minutes later the press pool reported President Biden “entered the playground at 1:25, greeted by some gregarious children. One gave him a hug, as he kneeled to talk. Another, wearing an American flag t-shirt, pointed out parts of the playground.”

But then, confirmation that the Trump supporters’ profanity could be heard by the young children and the President.

“From the playground the pool could still hear protesters chanting from the curb outside. More expletives. More yelling,” the pool reports.

NBC News White House Correspondent Mike Memoli also confirms:

President Biden later made televised remarks promoting his “Build Back Better” agenda, and talking about how improvements to infrastructure will help young children.

 

 

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BREAKING NEWS

Biden Justice Dept. to Formally Petition Supreme Court to Block Unconstitutional Texas Abortion Ban

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The Biden Dept. of Justice will formally ask the U.S. Supreme Court to block Texas’ near-total ban on abortion, one many legal experts say is unconstitutional.

CNN reports the DOJ will make the formal request to block implementation of the law “while legal challenges play out, a department spokesperson said Friday.”

The DOJ has been filing requests with lower courts, but in an unusual set of circumstances the Fifth Circuit, one of the nation’s most conservative courts of appeal, has sided with the State of Texas instead of judges who have moved to block the new type of law.

This will be seen as a test of the 6-3 majority conservative Supreme Court, that repeatedly bent to then-President Donald Trump’s frequent requests, as he bypassed lower courts frequently to implement his polices that were often challenged by civil rights groups.

 

Image by Do512 via Flickr and a CC license

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