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LGBTQ Students in Civil Rights Case Against Religious University Chalk Up Win at Supreme Court – for Now

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In a 5-4 decision Wednesday evening the U.S. Supreme Court opted to not block a state court’s ruling ordering a faith-based private university to recognize an LGBTQ students’ organization, but the order is quite likely temporary.

Yeshiva University, which has four campuses in New York City, was ordered by a state court to recognize Y.U. Pride Alliance, citing New York State anti-discrimination law.

Over the weekend Justice Sonia Sotomayor, who oversees the 2nd Circuit including courts in New York, Connecticut, and Vermont, blocked the state court’s ruling in what some call an administrative order. She did not refer the case to the full Court.

Wednesday evening, Justice Sotomayor, along with Chief Justice John Roberts, and Justices Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson voted to allow the lower court’s ruling to go into effect. That ruling requires Yeshiva University to recognize the LGBTQ students’ organization.

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Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett dissented, with Justice Alito speaking the loudest.

“I doubt that Yeshiva’s return to state court will be fruitful, and I see no reason why we should not grant a stay at this time,” Alito wrote, according to the L.A. Times. “It is our duty to stand up for the Constitution even when doing so is controversial.”

But legal experts disagreed with Alito, as did the court’s more liberal justices, if not only on the merits, at least on the procedural aspects.

Some were aghast at Yeshiva’s aggressive process, making a beeline for the Supreme Court before having exhausted all remedies in the lower courts – something that was expected practice until what some say this activist court has not only allowed but invited.

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“Chief Justice Roberts and Justice Kavanaugh join the three more liberal Justices in 5-4 ruling rejecting Yeshiva’s application to block a state trial court order — noting that Yeshiva still has the ability to pursue similar relief in the New York state courts,” Law professor Steve Vladeck noted.

Vladeck is also the author of the upcoming book, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.”

Y.U. Pride Alliance attorney Katie Rosenfeld called the decision a “victory for Yeshiva University students who are simply seeking basic rights that are uncontested at peer universities,” Reuters reports. “At the end of the day, Yeshiva University students will have a club for peer support this year, and the sky is not going to fall down.”

But before LGBTQ and civil rights supporters start celebrating, Slate’s Mark Joseph Stern, agreeing with conservative writer David French, says, “Roberts and Kavanaugh will ultimately side with Yeshiva, but they refused to reward the school’s abuse of the shadow docket to hop over state courts.”

The far-right legal group Becket Fund for Religious Liberty is representing Yeshiva.

This is a breaking news and developing story. Details may change. 

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BREAKING NEWS

House Votes to Boot George Santos 311-114

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Representative George Santos (R-NY) has been expelled from Congress following a 311-114 vote; two House members voted “present.”

The expulsion of Santos follows a debate on his fate on Thursday. The vote required a two-thirds majority, or 290 of the 435-seat chamber. This is Santos’ third vote of expulsion; last month, a vote failed with 31 Democrats voting against, according to The Hill.

While the vote was decisive, some notable Republicans voted to save Santos, including House Speaker Mike Johnson (R-LA) and House Majority Whip Tom Emmer (R-MN).

“We’ve not whipped the vote and we wouldn’t,” Johnson told CNN Wednesday. “I trust that people will make that decision thoughtfully and in good faith. I personally have real reservations about doing this, I’m concerned about a precedent that may be set for that.”

READ MORE: ‘If I Leave They Win’: Santos Claims ‘Bullying’ at Off the Rails Press Conference

Santos himself had harsh words for the House following the vote. Leaving the capitol building, he briefly spoke with reporters.

“The House spoke that’s their vote. They just set new dangerous precedent for themselves,” he told CNN. “Why would I want to stay here? To hell with this place.”

He then cut his time short, telling reporters, “You know what? As unofficially no longer a member of Congress, I no longer have to answer your questions.”

Santos also faces 23 federal charges, which include fraud, money laundering and misuse of campaign funds, according to CNN. He has pleaded not guilty. An Ethics Committee report found evidence that Santos used campaign funds for Botox and even an OnlyFans account.

On Thursday, Santos said he refused to resign because otherwise, “they win.”

“If I leave the bullies take place. This is bullying,” Santos said. “The reality of it is it’s all theater, theater for the cameras and theater for the microphones. Theater for the American people at the expense of the American people because no real work’s getting done.”

Santos also threatened to file a resolution to expel Representative Jamaal Bowman (D-NY). Bowman pulled a fire alarm in September. Bowman pleaded guilty to the misdemeanor charge, and said it was an accident. He said he thought the fire alarm would open a locked door as he rushed to a vote. Bowman paid a $1,000 fine.

There have only been six total expulsions from the House, including Santos. Santos is the only Republican to ever be expelled from the House.

The previous expulsion was in 2002, when Representative James Traficant (D-OH) was expelled after a 420-1 vote. Traficant had been convicted on 10 counts of corruption-related crimes.

Before Traficant, Representative Michael “Ozzie” Myers (D-PA) was the first representative of the modern era to be expelled. Myers got the boot following his conviction for accepting bribes. Myers couldn’t keep out of trouble; in 2022, he was convicted and sentenced to 30 months in prison on charges of election fraud.

Prior to Myers, the only expulsions from the House were in 1861, at the start of the Civil War. Henry Cornelius Burnett (D-KY), John William Reid (D-MO) and John Bullock Clark (Whig-MO) were all expelled for joining the Confederacy.

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BREAKING NEWS

Peter Navarro, Former Top Trump White House Advisor, Guilty of Criminal Contempt

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Peter Navarro, the controversial economist and former top Trump White House advisor, was found guilty by a jury on two counts of criminal contempt of Congress Thursday afternoon after a short trial that began on Tuesday.

Navarro refused to comply with a congressional subpoena issued by the U.S. House Select Committee on the January 6 Attack.

Legal experts had predicted a “quick conviction” after Navarro, called a “conspiracy theorist” who promotes “fringe” economic theories, had called no witnesses. The jury deliberated for under five hours. He faces up to two years in prison.

“The defendant chose allegiance to former President Trump over compliance with a subpoena,” Assistant U.S. Attorney Elizabeth Aloi told the jury Thursday, as Politico reported. “The defendant chose defiance.”

“Our government only works when people play by the rules and it only works when people are held accountable when they do not,” Aloi also said, during closing arguments. “When a person intentionally and deliberately chooses to defy a congressional subpoena, that is a crime.”

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Politico reported earlier that “ Navarro has long claimed that Trump told him to defy the committee’s Feb. 9, 2022 subpoena and assert executive privilege, a demand he said conferred immunity from having to cooperate with Congress’ investigation.”

“There’s no mistake, no accident,” prosecutor John Crabb told jurors, NBC News adds.

“That man thinks he’s above the law,” Crabb said. “In this country, nobody is above the law.”

READ MORE: ‘How Much the Former President Should Pay Her’: Judge Hands Trump Big Loss in E. Jean Carroll Case

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BREAKING NEWS

‘Look for a Quick Conviction Here’: Navarro Jury Could Reach a Verdict ‘Early This Afternoon’

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Peter Navarro‘s criminal contempt of Congress trial is moving quickly and the jury may come to a verdict as early as this afternoon, court watchers say.

Navarro, who has been called a “conspiracy theorist” who holds “fringe” and “oddball” economic views, is a former top Trump White House aide. He advanced “Big Lie” election fraud claims and refused to comply with a February, 2022 subpoena issued by the U.S. House Select Committee on the January 6 Attack. He was criminally indicted in June of 2022 by a federal grand jury.

The trial began Tuesday in D.C. federal court.

Just before 11 AM Thursday the case was handed to the jury, Politico’s Kyle Cheney reports.

READ MORE: ‘Going to Go Very Badly’: Marjorie Taylor Greene ‘Demanding’ Biden Impeachment Inquiry, GOP Strategist Warns Against

“Given the brevity of the case, a verdict is highly likely in the next few hours,” Cheney adds, noting: “If convicted, he faces up to one year on each of two counts — one for refusing to testify, one for refusing to provide docs.”

“Navarro has long claimed that Trump told him to defy the committee’s Feb. 9, 2022 subpoena and assert executive privilege, a demand he said conferred immunity from having to cooperate with Congress’ investigation,” Politico reports. “For months, U.S. District Court Judge Amit Mehta wrestled with intricate questions about how executive privilege might apply to a former adviser to a former president, whether Navarro’s belief that Trump had invoked the privilege constituted a defense to the charges and how the Justice Department’s decision to charge him compares with its longstanding views of immunity for some senior executive branch officials from compelled congressional testimony.”

Wednesday evening, former top DOJ official Harry Litman noted, “Peter Navarro evidence already done, closing arguments tomorrow. Basically, it’s an incredibly simple case — he knew he had to comply with the subpoena, and he still thumbed his nose at it.”

Adding the the government called three witness but “Navarro called nobody,” Litman predicted: “Look for a quick conviction here.”

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