May, 29 2020, 12:00am EDT
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PFAW's "Confirmed Judges, Confirmed Fears" Highlights April Rulings
People For the American Way's "Confirmed Judges, Confirmed Fears" blog series covers troubling votes and decisions by Trump appellate judges.
WASHINGTON
People For the American Way's "Confirmed Judges, Confirmed Fears" blog series covers troubling votes and decisions by Trump appellate judges.
Even as we and so many others continue to work on promoting a strong, fair, and effective response to the coronavirus crisis, PFAW has also continued our ongoing research and reporting on the troubling votes and decisions by Trump appellate judges and justices, some of which relate directly to the crisis. Linked below are posts concerning 25 cases from PFAW's "Confirmed Judges, Confirmed Fears" blog series for April, 2020. Three trends emerge: several Supreme Court rulings where Trump justices cast deciding votes on a COVID-19 election-related issue and an immigration issue; four cases in which Trump appellate judges tried to uphold state abortion bans using COVID-19 as an excuse; and five cases where Trump appellate judges sided with big corporations against workers, consumers and others concerning health care, housing, and other issues:
- Trump justices Brett Kavanaugh and Neil Gorsuch cast deciding votes in two troubling Supreme Court cases. They helped rule that tens of thousands of Wisconsin voters could not cast absentee ballots in the April primary, requiring them either to lose their right to vote or risk their health during the COVID-19 pandemic. And a 5-4 opinion by Kavanaugh made it much easier to deport legal permanent residents who have immigrated from other countries, even if they have lived in the U.S. for more than 30 years.
- Trump appellate judges voted in favor of state efforts to ban abortions in four states, all using COVID-19 as an excuse. These judges were in the majority and cast the deciding votes to uphold these bans in two cases, and were in the minority and dissented in two others.
- Trump appellate judges cast deciding votes in favor of large corporations that denied health care to retired workers and denied an affordable mortgage modification to a homeowner. In dissents, they tried to rule that employees could not sue a restaurant chain for failure to pay overtime, that stockholders could not sue a big investment firm for fraud, and that damages against a large bank for pay violations should be reduced by over $1.8 million.
Allthese cases and more underline the importance of speaking out and fighting against Trump's judicial nominations and making this a critical issue in this year's elections. These cases have all been entered in our Confirmed Judges, Confirmed Fears tool, that you can search by issue or by judge.
- Trump Justices Cast Deciding Votes to Prevent Tens of Thousands of Wisconsin Voters from Voting: Confirmed Judges, Confirmed Fears -- Kavanaugh, Gorsuch
- Trump Judge Casts Deciding Vote to Allow Texas to Use Coronavirus as Excuse to Ban Abortions: Confirmed Judges, Confirmed Fears -- Duncan
- Trump Judge Casts Deciding Vote to Approve Texas Ban of Medication Abortions, Using COVID-19 as Excuse: Confirmed Judges, Confirmed Fears -- Duncan
- Erickson Becomes Second Trump Judge to Allow State to Ban Abortions Using COVID-19 as Excuse: Confirmed Judges, Confirmed Fears -- Erickson
- Trump Sixth Circuit Judges Continue Trend to Use Coronavirus to Let States Restrict Abortion: Confirmed Judges, Confirmed Fears -- Thapar, Bush
- Trump Judge Gives Immunity to Police Officer Who Shot Unarmed Man: Confirmed Judges, Confirmed Fears -- Kobes
- Trump Judge: Company's Union Contract Does Not Cover Retirees' Health Care Coverage: Confirmed Judges, Confirmed Fears -- Nalbandian
- Trump Judge's Vote Excuses Police Violation of Fourth Amendment in Unlawful Search and Seizure Case: Confirmed Judges, Confirmed Fears -- Murphy
- Trump Judges Approve Trump DOJ Execution Procedures: Confirmed Judges, Confirmed Fears -- Katsas, Rao
- Kavanaugh, Gorsuch Make it Easier to Deport Permanent Legal Residents: Confirmed Judges, Confirmed Fears -- Kavanaugh, Gorsuch
- Trump Judge's Dissent Tries to Uphold EPA Rule Eliminating Restrictions on Dangerous Emissions: Confirmed Judges, Confirmed Fears -- Rao
- Trump Judge Casts The Deciding Vote to Deny Asylum Claim Without Government Meeting Its Burden Of Proof: Confirmed Judges, Confirmed Fears -- Miller
- Trump Judge "Guts Victims' Rights" in Jeffrey Epstein Abuse Case: Confirmed Judges, Confirmed Fears -- Newsom
- Trump Judge's Dissent Defends Investment Firm in Securities Fraud Case: Confirmed Judges, Confirmed Fears -- Sullivan
- Trump Judge Sides with Police Who Shot a Mentally Ill Man: Confirmed Judges, Confirmed Fears -- Larsen
- Trump Judge Tries to Dismiss Employees' Overtime Lawsuit: Confirmed Judges, Confirmed Fears -- Sullivan
- Trump Judge Rules For School Principal Who Threatened Undocumented Parent: Confirmed Judges, Confirmed Fears -- Lee
- Trump Judge Upholds Police Search as Consensual Despite Language Translation Error: Confirmed Judges, Confirmed Fears -- Erickson
- Trump Judges Deny City Ability to Bring Case Against Wells Fargo For Discriminatory Loan Practices: Confirmed Judges, Confirmed Fears - Newsom, Branch
- Trump Judge Tries to Reduce Damages Award to Bank Employees by $1.8 Million: Confirmed Judges, Confirmed Fears -- Nelson
- Trump Judge Argues for Dismissal of Case Against Police Officers Who Violated Fourth Amendment Rights: Confirmed Judges, Confirmed Fears -- Murphy
- Trump Judge Scudder Sides with Big Bank in Case Challenging Mortgage Handling Failure: Confirmed Judges, Confirmed Fears -- Scudder
- Trump Judge Tries to Keep Man in Prison Despite Conviction Based on False Evidence: Confirmed Judges, Confirmed Fears - Katsas
- Trump Judge Casts The Deciding Vote In Favor of Florida Governor's Political Party: Confirmed Judges, Confirmed Fears -- Luck
People For the American Way works to build a democratic society that implements the ideals of freedom, equality, opportunity and justice for all. We encourage civic participation, defend fundamental rights, and fight to dismantle systemic barriers to equitable opportunity. We fight against right-wing extremism and the injustice it fosters.
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Arkansas Supreme Court Orders State to Count Abortion Rights Signatures
The limited ruling was called "a good start" by one pro-democracy group, as advocates hope to include an abortion rights amendment on November ballots.
Jul 24, 2024
Abortion rights advocates in Arkansas were cautiously optimistic Tuesday evening that the state government would count the signatures of more than 100,000 residents who signed petitions in support of an anti-forced pregnancy constitutional amendment, after the Arkansas Supreme Court issued a limited order calling on the secretary of state to begin the process.
Secretary of State John Thurston, a Republican, moved earlier this month to disqualify the petition that advocates had spent months gathering signatures for, claiming organizers had failed to provide information about paid signature-gatherers who had worked on the campaign run by Arkansans for Limited Government (AFLG).
On Tuesday evening, the court ruled that Thurston must begin "the initial count of signatures collected by volunteer canvassers according to A.C.A. 7-9-126(a)," but said nothing about whether signatures gathered by paid workers needed to be counted.
The order did not indicate whether Thurston is required to begin the second stage of the tallying process, in which his team would verify that the signatures are accurate and belong to Arkansas voters.
That stage would begin a "cure" period during which AFLG would be allowed to continue collecting signatures.
"We are heartened by this outcome, which honors the constitutional rights of Arkansans to participate in direct democracy."
AFLG turned in more than 101,000 signatures in time for the July 5 deadline, including an estimated 87,382 that were collected by volunteers and 14,143 gathered by paid workers, according to the Arkansas Times.
The state requires a petition for a constitutional amendment to have at least 90,704 signatures to qualify for the November election ballots—so if Thurston is required to count only the signatures collected by volunteers and does not have to initiate the cure period, AFLG's petition may fall short.
The state Supreme Court did leave open the possibility of an additional ruling on the matter, saying the panel "reserves the right to issue further orders and proceed in accordance with state law."
Despite the uncertainty, AFLG said in a statement that "the will of the people won" this round of the fight to ensure Arkansas residents can vote for abortion rights in November.
"On behalf of 101,000 Arkansas voters, 800 volunteers, and the AFLG team, we thank the court for upholding democracy in Arkansas," said the group. "We are heartened by this outcome, which honors the constitutional rights of Arkansans to participate in direct democracy, the voices of 101,000 Arkansas voters who signed the petition, and the work of hundreds of volunteers across the state who poured themselves into this effort."
The amendment proposed by AFLG would state that the Arkansas government "shall not prohibit, penalize, delay, or restrict abortion services within 18 weeks of fertilization" or in the cases of rape, incest, or "fatal fetal anomaly."
The pro-democracy group For AR People said the court's ruling was "a good start" and noted that at least three of the court's seven judges—Justices Courtney Hudson and Karen Baker and Chief Justice Dan Kemp—seemed "favorable to AFLG's arguments" that the count, the verification process, and the cure period should commence.
Matt Campbell of the Arkansas Times pointed out that AFLG could legally continue gathering signatures as they would during the cure period, before one officially begins.
"Just because a cure period was not explicitly granted doesn't mean AFLG cannot currently be gathering signatures," said Campbell. "The cure period just officially starts the clock, but signatures can be collected before that clock starts and still be valid."
AFLG said that although the matter is not entirely resolved, the court's decision was "reflective of our state motto: 'The People Rule.'"
"We look forward to that principle guiding the rest of the signature verification process," the group said.
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Israeli Forces Have Killed 366 UN Workers and Family Members in Gaza: Leaked Report
Confidential figures shed additional light on what's been the deadliest-ever war for United Nations staff.
Jul 24, 2024
A leaked report obtained by Drop Site estimates that Israeli forces have killed at least 366 United Nations staffers and their family members in the Gaza Strip since October, an indication of the grave threat Israel's ongoing assault poses to humanitarian relief workers and the enclave's broader civilian population.
Drop Site's Ryan Grim reported Wednesday that the confidential figures, assembled by the U.N.'s Crisis Coordination Center, show that three family members of World Food Program staffers and four dependents of U.N. Children's Fund workers were among those killed by Israeli forces. The total number of U.N. staffers killed so far is 195, according to the data.
The U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), the primary aid agency operating in Gaza, has seen the largest impact on staffers and their family members. The leaked report estimates that Israeli forces have killed 158 dependents of UNRWA staffers since October.
Israel's devastating military campaign in Gaza, aided by U.S. weaponry and diplomatic support, is by far the deadliest-ever war for U.N. personnel, who have repeatedly been targeted by the Israel Defense Forces (IDF).
Over the weekend, Israeli soldiers fired on a U.N. convoy heading toward Gaza City. UNRWA Commissioner-General Philippe Lazzarini said that "the teams were traveling in clearly marked U.N. armored cars and wearing U.N. vests."
"While there are no casualties, our teams had to duck and take cover," he added. "Like all other similar U.N. movements, this movement was coordinated and approved by the Israeli authorities."
Targeting humanitarian relief personnel is a war crime.
#Gaza
Heavy shooting from the Israeli Forces at a UN convoy heading to Gaza city.
While there are no casualties, our teams had to duck and take cover.
This took place yesterday. The teams were traveling in clearly marked UN armoured cars & wearing UN vests.
One vehicle…
— Philippe Lazzarini (@UNLazzarini) July 22, 2024
Grim noted that the leaked report is just "the latest in a series of alarming findings regarding Israel's actions in Gaza," much of which is facing famine conditions due to what U.N. experts recently described as a "targeted starvation campaign" by Israel.
During a 12-hour period earlier this week, Israeli forces killed at least 70 Palestinians and wounded around 200 others—mostly women and children—in a barrage of attacks on the city of Khan Younis, according to the Euro-Mediterranean Human Rights Monitor.
The confidential U.N. data emerged hours before Israeli Prime Minister Benjamin Netanyahu's scheduled address to a joint meeting of the U.S. Congress on Wednesday afternoon. Dozens of Democratic lawmakers are expected to boycott the prime minister's speech.
U.S. Rep. Rashida Tlaib (D-Mich.), the lone Palestinian American in Congress, argued Tuesday that Netanyahu "should be arrested and sent to the International Criminal Court," alluding to that body's request for an arrest warrant for the Israeli prime minister.
On Tuesday, hundreds of demonstrators were arrested on Capitol Hill during a peaceful Jewish-led demonstration against Netanyahu's visit and U.S. complicity in the IDF's mass atrocities in Gaza.
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'Not in Our Name': Hundreds Arrested at Jewish-Led Protest Ahead of Netanyahu Speech
"The Israeli government is using U.S funding and weapons to slaughter and starve Palestinians in Gaza," said one peace advocate. "Americans—including Jewish Americans—are disgusted by our own government's complicity in this genocide."
Jul 24, 2024
Hundreds of demonstrators were arrested inside a U.S. House building on Tuesday while protesting the American government's continued support for Israel's assault on Gaza and Prime Minister Benjamin Netanyahu's forthcoming speech to Congress.
The protest was led by Jewish Voice for Peace (JVP) and joined by members of several other organizations, including IfNotNow, Democratic Socialists of America, and Shoresh, a group of anti-Zionist Israelis based in the U.S.
JVP said 400 protesters—including more than a dozen rabbis—were arrested at the peaceful sit-in at the Cannon House Office Building rotunda. Protesters wore shirts that read "Not in Our Name" and "Jews Say Stop Arming Israel."
"For nine months, we've watched in horror as the Israeli government has carried out a genocide, armed and funded by the U.S.," said Stefanie Fox, JVP's executive director. "Congress and the Biden administration have the power to end this horror today. Instead, our president is preparing to meet with Netanyahu and congressional leadership has honored him with an invitation to address Congress. Enough is enough."
President Joe Biden and Congress "must listen to the people," Fox added. "We need an arms embargo now to save lives."
Jane Hirschmann, a daughter of Holocaust survivors and member of JVP, said that "the Israeli government is using U.S. funding and weapons to slaughter and starve Palestinians in Gaza."
"Americans—including Jewish Americans—are disgusted by our own government's complicity in this genocide," said Hirschmann. "The only way to reach a cease-fire and build a just future is for the U.S. to stop sending weapons to Israel now."
"Instead of platforming a war criminal, Congress should be imposing an arms embargo and using its leverage to force Netanyahu to end the bombing and bloodshed."
Netanyahu's visit to Washington, D.C. comes as the death toll from Israel's large-scale assault on Gaza nears 40,000 after almost 10 months of relentless bombing that has decimated much of the enclave's infrastructure and displaced 90% of its population. Earlier this week, Israel's military ordered the evacuation of another area previously designated as a safe zone and killed dozens of Palestinians in a fresh round of attacks.
Netanyahu has addressed Congress more than any other world leader. As The Washington Post's Ishaan Tharoor noted Wednesday, "The first time Netanyahu addressed Congress was nearly three decades ago in 1996, when he and his right-wing allies had just come to power in the wake of the assassination of Prime Minister Yitzhak Rabin, whose efforts toward forging peace with the Palestinians that Netanyahu had opposed."
House Speaker Mike Johnson (R-La.) and Senate Majority Leader Chuck Schumer (D-N.Y.) formally invited Netanyahu to speak to a joint meeting of Congress in late May, just days after it became clear that Israeli forces used U.S.-made bombs in a devastating attack on a camp of displaced Palestinians.
"It is utterly shameful that U.S. lawmakers would invite war criminal Netanyahu to address Congress," JVP communications director Sonya Meyerson-Knox said in a statement after Tuesday's protest. "We are hundreds of American Jews calling on our elected leaders to stop funding and fueling this genocide."
In addition to grassroots protests against Netanyahu's visit—which are set to continue ahead of and during his speech—dozens of Democratic lawmakers are planning to boycott the prime minister's address, which is scheduled to begin at 2:00 pm ET. Following his speech to Congress, Netanyahu is planning to meet with President Joe Biden at the White House on Thursday before traveling to Mar-a-Lago to meet with Donald Trump, the Republican presidential nominee.
Vice President Kamala Harris, who is expected to become the Democratic presidential nominee following Biden's exit from the 2024 race, has opted to attend a previously scheduled event in Indianapolis instead of presiding over Netanyahu's remarks.
Rep. Cori Bush (D-Mo.), one of the progressive lawmakers boycotting Netanyahu's speech, said in a statement Tuesday that "by bestowing Prime Minister Netanyahu with a joint address, Congress is not only continuing to green-light genocide; it is actively celebrating the man at the forefront of that genocide."
"Instead of platforming a war criminal, Congress should be imposing an arms embargo and using its leverage to force Netanyahu to end the bombing and bloodshed that has already killed over 39,000 Palestinians and failed to ensure the safe release of the vast majority of hostages, all while decimating schools, hospitals, homes, and humanitarian convoys," Bush added.
In remarks on the floor of the U.S. Senate on Tuesday, Sen. Bernie Sanders (I-Vt.) also called Netanyahu a war criminal and said it is a "disgrace" that he was invited to speak to Congress.
"Netanyahu is a right-wing extremist and a war criminal who has devoted his career to killing the prospects of a two-state solution and lasting peace in the region," said Sanders. "He should not be welcomed to the United States Congress. On the contrary, his policies in Gaza and the West Bank should be roundly condemned and his right-wing extremist government should not receive another nickel from U.S. taxpayers."
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