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Ken Paxton, Lawyers for Parents of Trans Kids Disagree on Whether Child Abuse Investigations Can Continue

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Ken Paxton, lawyers for parents of trans kids disagree on whether child abuse investigations can continue” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

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When a judge ruled Friday that Texas could not investigate parents for child abuse simply for providing gender-affirming care, it was immediately clear that the legal fight was far from over.

That same night, Attorney General Ken Paxton filed an appeal and then announced on Twitter that the “Democrat judge’s order permitting child abuse is frozen.”

He said that “[m]uch-needed investigations [will] proceed as they should,” and noted that his “fight will continue up to the Supreme Court.”

Lawyers representing the families of transgender children said they don’t believe the appeal should affect the injunction.

Legal experts say this case falls into a complicated corner of the law until the appeals court weighs in.

This case stemmed from a nonbinding legal opinion that Paxton issued last month, arguing that certain gender-affirming health care can constitute child abuse. Gov. Greg Abbott followed that with an order directing the state’s child welfare agency to investigate parents who provide this health care to their transgender children.

The ACLU and Lambda Legal filed a lawsuit on behalf of one such family. On Friday, District Judge Amy Clark Meachum blocked the Department of Family and Protective Services from investigating families solely on the basis of providing this health care to their children.

Two lawyers representing families under investigation told The Texas Tribune that they are proceeding as if the injunction is still in effect and, as a result, have directed their clients to no longer participate in the investigations.

In a statement, a spokesperson for DFPS said that the agency’s “posture on these investigations is that we are continuing to follow the law.” The spokesperson declined to elaborate about whether the investigations are ongoing or are halted as a result of the injunction.

Paxton’s office did not respond to a request for comment, but the appeal he filed relies on an argument that would allow for an automatic stay in all trial court proceedings.

“It’s up to the court of appeals to decide whether to reinstate the impact of the injunction,” said South Texas College of Law Houston professor Rocky Rhodes. “It’s not automatic, but I think that [the ACLU and Lambda Legal] will have a very strong case to have it reinstated.”

But lawyers have challenged these automatic stays before, claiming the state should not be able to overturn an injunction simply by filing an appeal. Attorney Chad Dunn represented the Texas Democratic Party in a case on mail-in voting in which Paxton made a similar argument.

“That would be an extraordinary rule,” Dunn said. “That is not the rule in federal court or other states that I’m familiar with, that you get an injunction against the state and they can just effectively ignore it until there’s been an appeal completed.”

Dunn said he has seen this argument appear only in recent years, and neither the state’s courts appeals courts or the Texas Supreme Court has definitively affirmed that the state has a right to overturn these injunctions.

“In the cases I’m familiar with, the Court of Appeals has either just glossed over this question or they just say … we’re empowered to issue injunctions, so we’re going to issue the same injunction and keep it in place until such time as we decide the appeal,” he said.

If the Court of Appeals grants similar relief, Rhodes said, that will remain in effect even if the case is appealed to the Texas Supreme Court, as Paxton has said it will be.

The Third Court of Appeals likely will issue an order soon.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2022/03/14/transgender-child-abuse-paxton-appeal/.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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Congressman Pummeled for Praising Students Mocking Black Protester With Monkey Sounds

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U.S. Rep. Mike Collins, Republican of Georgia, is under fire after praising University of Mississippi students, some wearing American flag outfits, mocking a Black woman protester by making monkey sounds and shouting, “lock her up.”

“Counter-protestors at the University of Mississippi made racist remarks — including monkey noises and comparisons to Lizzo — towards a Black woman who was part of a planned protest against the war in Gaza,” Los Angeles Magazine reported Friday.

Collins, who tried to defund Vice President Kamala Harris’ Office in November, declared his support for the counter-protesters at “Ole Miss,” as the University is called.

“Ole Miss taking care of business,” he wrote on social media, atop the video (below).

The counter-protesters, as evidenced in the video, appear to be mostly white.

A large number of users on the social media platform X responded, accusing the Congressman and the counter-protesters of racism.

“When is the inevitable ‘I don’t have a racist bone in my body’ tweet coming,” wondered Rewire News Group editor-at-large Imani Gandy.

“Which part is your favorite, Mike?” asked Fred Wellman, the former executive director of The Lincoln Project. “Is it the white kid acting like a monkey at the black woman or the white security guy acting like she’s a threat? I’m trying to figure out which flavor of racism has you all excited the most?”

READ MORE: MAGA State Superintendent Supports Chaplains in Public Schools – But Not From All Religions

Harvard Law Cyberlaw Clinic clinical instructor Alejandra Caraballo responded to the Georgia GOP congressman, “Thanks for confirming you’re a massive racist piece of sh*t.”

Mississippi Free Press news editor Ashton Pittman wrote: “Rep. Mike Collins, R-Georgia, praises a video showing a University of Mississippi frat boy dancing like a monkey and making monkey noises near a Black woman student who was protesting for Palestine while other frat boys chant ‘lock her up.'”

In a separate post describing a separate video taken of the same group Pittman wrote: “Frat bros at @OleMiss chant, ‘Lizzo! Lizzo!’ and shout, ‘F**k you fatass, f**k you b*tch’ at a Black woman who was protesting for Palestine. Do people really think these counterprotestors are doing it to support Jews?”

Journalist John Harwood did not mince words, writing, “Congressman proud of the racism.”

“Okay, Mike. We get it,” wrote podcast host, documentary director, and author W. Kamau Bell. “You want to be famous for being a racist. Fine. I’ll help you become a famous racist. You’re welcome.”

The original video is here.

See Rep. Collins’ post and the video below or at this link.

Caution: the video is disturbing.

READ MORE: Noem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’

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Noem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’

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Amid more damning revelations from her soon-to-be released book, embattled South Dakota Republican Governor Kristi Noem will head to Mar-a-Lago this weekend as ex-president Donald Trump auditions potential vice presidential picks in front of high-dollar donors. Noem was also slated to attend a Republican fundraiser in Colorado this weekend but it was canceled over alleged safety concerns after news broke she had bragged about shooting her 14-month old dog.

While Noem’s shooting to death of her wirehaired pointer, Cricket, which she detailed in the book, is still making headlines overnight a new revelation made news: Noem falsely claims in her book she met with North Korean dictator Kim Jong-un.

A spokesperson for Noem “seemed to concede that the Kim story was false Thursday night,” and notified her publisher, Politico’s Ryan Lizza reported in his exclusive.

But less noticed appears to be the actual text of Noem’s false story, in which she brands children she ministered in church “little tyrants,” and compared them to the murderous North Korean dictator.

READ MORE: RFK Jr., Embracing Far-Right, Spoke at Fundraiser for Anti-Government Group With J6 Ties

“Through my tenure on the House Armed Services Committee,” Noem wrote, according to Politico, “I had the chance to travel to many countries to meet with world leaders. I remember when I met with North Korean dictator Kim Jong Un. I’m sure he underestimated me, having no clue about my experience staring down little tyrants (I’d been a children’s pastor, after all).”

CNBC reported this week Trump “will mingle with potential vice presidential running mates and wealthy Republican donors at the Republican National Committee’s spring donor retreat. The meetings are likely to act as informal tryouts for a short list of politicos in the running to join the Trump ticket.”

The list of Republican “special guests” includes U.S. Senators Marco Rubio, Tim Scott, and J.D. Vance, Rep. Elise Stefanik, North Dakota Governor Doug Burgum, and South Dakota Governor Kristi Noem.

Also expected to attend are House Speaker Mike Johnson, U.S. Reps. Byron Donalds of Florida and Wesley Hunt of Texas, former GOP presidential candidate Vivek Ramaswamy, and other elected Republicans along with RNC co-chair Lara Trump.

READ MORE: Election Denialism Embraced by ‘Large Proportion’ of Trump’s Followers: Report

NBC News, which says Rep. Donalds is also under consideration, on Friday added there will be “a fundraising retreat that could serve as a screening session” for potential vice presidential running mates.

Meanwhile, the Jefferson County, Colorado Republican Party chair announced a fundraising dinner Noem was slated to attend was canceled after threats were made, The Denver Post reports.

“We understood there was a planned organized protest outside of the hotel, led by Progress Now,” Nancy Pallozzi said. “I felt that our event would be negatively impacted, and we could not take the risk that those who made threats would cause physical harm.”

 

 

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RFK Jr., Embracing Far-Right, Spoke at Fundraiser for Anti-Government Group With J6 Ties

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Over the weekend independent 2024 presidential candidate Robert F. Kennedy, Jr. spoke at a fundraiser for a far-right anti-government group in Erie County, New York – a slice of the country that had a large proportion of residents arrested and charged for crimes related to the January 6 insurrection. Kennedy, a conspiracy theorist and vaccine denialist, increasingly is embracing the far-right.

“That group, Constitutional Coalition of New York State, has founders who not only have ties to Donald Trump but are also connected to the stop-the-steal movement through their activist network, which includes groups that had a presence at the Capitol on Jan. 6,” The Daily Beast reported Friday. “It’s yet another instance of Kennedy—who is mounting one of the most well-funded third-party presidential threats in decades—serving as a peculiar bridge between his own anti-establishment movement and Trump’s.”

The Southern Poverty Law Center includes the Constitutional Coalition of New York State (CCNYS) on its page of anti-government groups. Political Research Associates, which detailed the high proportion of January 6 residents arrested and charged, included the Constitutional Coalition of New York State in its February report on “The Rise of the Far Right in Western New York.”

READ MORE: Election Denialism Embraced by ‘Large Proportion’ of Trump’s Followers: Report

“If you don’t think the government is lying to you, you’re not paying attention,” Kennedy told attendees at the CCNYS fundraiser, The Buffalo News reports.

“CCNYS founders Nick and Nancie Orticelli are also affiliated with the Watchmen, a nearby militia who Nick has encouraged his social media followers to join. The Watchmen had several members at the Capitol on Jan. 6, and one member, Pete Harding, is still facing charges for violent entry and disorderly conduct on Capitol grounds,” The Daily Beast noted. “Nancie Orticelli has also hosted the Watchmen’s founder, Charles Pellien, on her weekly radio show on several occasions.”

One of Kennedy’s goals in traveling to New York was to get on the ballot for the November presidential election. Various polls show him taking votes from both President Joe Biden and ex-president Donald Trump, but Kennedy currently has only qualified to be on the ballot in three states, Utah, Michigan and Hawaii, the newspaper reported.

But The Washington Post on Thursday reported The American Independent Party of California, which has a history of “far-right ties,” and “backed segregationist and former Alabama governor George Wallace in 1968, nominated Kennedy for president.”

Kennedy “said this week that he has qualified to be on the ballot in California and will accept the nomination of the American Independent Party, which has a history of associating itself with far-right figures and individuals who have expressed racist views.”

Some news reports and RFK Jr. himself say the Trump campaign was actively courting Kennedy, attempting to convince him to consider being the ex-president’s 2024 vice presidential running mate.

“That MAGA dalliance with Kennedy could be coming back to bite the Trump campaign, some Republicans close to the former president worry,” The Daily Beast also reported.

“’They can only blame themselves,’ a Trump-aligned strategist told The Daily Beast, requesting anonymity to speak candidly about private conversations about the risk Kennedy poses, ‘because they cozied up to him and thought it was funny.’”

Watch WIVBTV’s report on Kennedy’s trip to New York below or at this link.

READ MORE: Trump Won’t Commit to Accepting Election Results if He Doesn’t Win State He Falsely Claims He Won

 

 

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