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Three Things: SCOTUS on LGBTQ+ Discrimination, Qualified Immunity, Gun Rights

Very big SCOTUS day today. Huge — and that’s in spite of the court declining to hear cases on multiple issues.

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In BOSTOCK v. CLAYTON COUNTY, GEORGIA and two other cases, the Supreme Court ruled in 6-3 decision that firing an employee for being gay or transgender violates the Title VII of the Civil Rights Act of 1964.

Title VII (42 USC § 2000e-2 [Section 703]) reads,

It shall be an unlawful employment practice for an employer –

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin;

Dissenters were Justices Kavanaugh, Thomas, and Alito; Alito filed a dissenting opinion which Thomas joined. Kavanaugh also filed a dissenting opinion.

Overview of the three cases from Human Rights Watch:

In R.G. & G.R. HARRIS FUNERAL HOMES v. EEOC and AIMEE STEPHENS, Aimee Stephens worked as a funeral director at R.G. & G.R. Harris Funeral Homes. When she informed the funeral home’s owner that she is transgender and planned to come to work as the woman she is, the business owner fired her, saying it would be “unacceptable” for her to appear and behave as a woman. The Sixth Circuit Court of Appeals ruled in March 2018 that when the funeral home fired her for being transgender and departing from sex stereotypes, it violated Title VII, the federal law prohibiting sex discrimination in employment.

In ALTITUDE EXPRESS INC. v. ZARDA, Donald Zarda, a skydiving instructor, was fired from his job because of his sexual orientation. A federal trial court rejected his discrimination claim, saying that the Civil Rights Act does not protect him from losing his job because of his sexual orientation. In February 2018, the full Second Circuit Court of Appeals ruled that discrimination based on sexual orientation is a form of discrimination based on sex that is prohibited under Title VII. The court recognized that when a lesbian, gay or bisexual person is treated differently because of discomfort or disapproval that they are attracted to people of the same sex, that’s discrimination based on sex.

In BOSTOCK v. CLAYTON COUNTY, Gerald Lynn Bostock was fired from his job as a county child welfare services coordinator when his employer learned he is gay. In May 2018, the Eleventh Circuit Court of Appeals refused to reconsider a 1979 decision wrongly excluding sexual orientation discrimination from coverage under Title VII’s ban on sex discrimination and denied his appeal.

The dissent weighed in at more than 140 pages out of the entire 177 page syllabus and decision handed down by SCOTUS today.

The first sentence of the dissent:

There is only one word for what the Court has done today: legislation. The document that the Court releases is in the form of a judicial opinion interpreting a statute, but that is deceptive.

Right-wing ideologues are in a furor over Justice Gorsuch’s delivery of the opinion. They must have had absolute faith in Gorsuch to be so incredibly outraged that his interpretation didn’t sustain bigotry. He wrote,

An employer who fired an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids. Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result. But the limits of the drafters’ imagination supply no reason to ignore the law’s demands. Only the written word is the law, and all persons are entitled to its benefit.

Today’s decision doesn’t end all discrimination against LGBTQ+ persons, only employers defined by Title VII. There is still a need for more legislation to ensure all persons in this country may rely on the same rights in housing, credit, property ownership and more. The House passed the Equality Act in May 2019 to address these shortcomings; the bill is now languishing on Senate Majority Leader Mitch McConnell’s desk in spite of support for the bill from 70 percent of Americans.

Steve Silberman noted a trait shared by two of the three dissenting jurists:

One of the most passionately angry voices today:

“Bungled textualism.” ~chuckling~

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The SCOTUS declined to hear cases seeking reexamination of the doctrine of “qualified immunity.” Thomas was the lone jurist who wanted to hear cases; in a six-page dissent he wrote, “qualified immunity doctrine appears to stray from the statutory text.”

There will be greater pressure on lawmakers to address qualified immunity in legislation.

Opinion piece about qualified immunity:

Rep. Ayana Pressley on qualified immunity:

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The SCOTUS declined to hear multiple Second Amendment cases after it avoided addressing New York City’s regulation of guns back in April because the city repeal of the restriction render the case moot.

Justices Thomas and Kavanaugh dissented, wanting to hear a case related to New Jersey’s regulation of concealed carry guns.

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There’s actually four things today — SCOTUS also declined to hear the Trump administration’s petition regarding California’s SB 54 which prevents the state’s law enforcement resources from being deployed to aid federal immigration enforcement. Alito and Thomas dissented, wanting to take up the matter; surprisingly, Kavanaugh voted with Roberts and Gorsuch to decline.

We are still waiting for a decision on Deferred Action of Childhood Arrivals policy (DACA), which could cost the U.S. as many as 27,000 health care workers at the worst time possible if SCOTUS finds DACA unconstitutional.

This is an open thread.

Open Thread: A Mournful Valentine [UPDATE]

[NB: Check the byline. UPDATE at the bottom. /~Rayne]

A year ago today, fourteen students and three staff members at Marjory Stoneman Douglas High School in Parkland, Florida were killed by a lone 19-year-old gunman armed with an AR-15 rifle. More were injured.

Since then nearly 1,200 more children have died due to gun violence.

It’s an American problem, to have so much freedom and an inability to responsibly self-regulate it even though our Constitution clearly calls for a “well regulated Militia.”

The problem is as much money as it is guns. Money has been used to poison Americans’ attitudes toward guns; money has been used to capture legislators to prevent regulation.

The vulnerability of our society to corporate influence and control in pursuit of money has now created an opportunity for asymmetric warfare. Information assaults were launched last year by foreign-controlled bot swarms to propel pro-gun messages and suffocate gun control messages.

And the GOP-led 115th Congress did nothing in response because they were bought by NRA money, infused by Russia.

Oh, pardon me — members of Congress who received much of the $50 million in NRA campaign contributions in 2016 offered thoughts and prayers for the survivors and victims’ loved ones last year as the blood of innocents coagulated and dried on the floor of Marjory Stoneman Douglas High School.

Stuff your thoughts and prayers sideways, you useful idiots with your mouths flapping platitudes, you fifth columnists with your grasping hands out, greedy for more blood money for your next campaign. They are as helpful today as they were a year ago.

Don’t think for a moment we can’t see how you’ve obstructed the ability of Americans to defend themselves with adequate and timely gun control this past year. It’s past time to fix your disloyalty to this country and its children and pass effective gun control legislation beginning with the House bills H.R. 8, the Bipartisan Background Checks Act of 2019 and H.R. 1112, the Enhanced Background Checks Act of 2019.

This is an open thread. Keep all gun talk in this thread; if it drifts into other threads I will bin it. If such a threat bothers you, have some thoughts and prayers.

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UPDATE — 2:45 P.M. ET —

This is a list of the members of Congress SplinterNews listed as offering up thoughts and prayers via Twitter a year ago after MSD-Parkland’s mass shooting and who also received campaign contributions for 2016 from the NRA. I was looking patterns and I don’t see one readily except for political party affiliation. The lone Democratic Party member to receive funds and offer platitudes was Tim Walz, now governor of Minnesota instead of a House rep.

Do you see a pattern in this besides a preference toward Class II and III senators — up for re-election in 2018 and 2020? Are there committee memberships relevant to these donations?

Senate:
Mitch McConnell (R-KY) – $9,900 -II <-Majority Leader
Marco Rubio (R-FL) – $9,900 -III
Rob Portman (R-OH) – $9,900 -III
Joni Ernst (R-IA) – $9,900 -II
Thom Tillis (R-NC) – $9,900 -II
Dean Heller (R-NV) – $9,900 -I
Jim Inhofe (R-OK) – $9,450 -II
John Hoeven (R-ND) – $8,450 -III
Steve Daines (R-MT) – $7,700 -II
Ron Johnson (R-WI) – $7,450 -III
John Boozman (R-AR) – $5,950 -III
Todd Young (R-IN) – $5,950 -III
Mike Rounds (R-SD) – $5,450 -II
James Lankford (R-OK) – $5,000 -III
Bill Cassidy (R-LA) – $4,950 -II
Richard Shelby (R-AL) – $4,950 -III
David Perdue (R-GA) – $4,950 -II
Tim Scott (R-SC) – $4,500 -III
Shelly Moore Capito (R-WV) – $2,500 -II
Ted Cruz (R-TX) – $350 -I
John McCain (R-AZ) – $300 (RIP)

House:
Barbara Comstock (R-VA) – $10,400
Mike Coffman (R-CO) – $9,900
Will Hurt (R-TX) – $9,900
John Katko (R-NY) – $9,900
Bruce Poliquin (R-ME) -$9,900
Lee Zeldin (R-NY) – $9,900
Bob Goodlatte (R-VA) – $7,450
Martha McSally (R-AZ) – $6,500 <-Running for McCain’s seat in 2020
Bill Schuster (R-PA) – $5,950
Richard Hudson (R-NC) – $4,950
Steve Scalise (R-LA) – $4,950
Lamar Smith (R-TX) – $4,950
Ken Calvert (R-CA) – $4,500
Barry Loudermilk (R-GA) – $4,000
Robert Aderholt (R-AL) – $3,500
Michael McCaul (R-TX) – $3,500
Darin LaHood (R-IL) – $3,000
Erik Paulson (R-MN) – $3,000
Tom Reed (R-NY) – $3,000
Diane Black (R-TN) – $2,500
Marsha Blackburn (R-TN) – $2,500
Carlos Curbelo (R-FL) – $2,500
Rodney Davis (R-IL) $2,500
John Ratcliff (R-TX) – $2,500
Cathy McMorris Rodgers (R-WA) – $2,500
Pete Sessions (R-TX) – $2,500
Roger Williams (R-TX) – $2,500
Mike Bishop (R-MI) – $2,000
Bradley Byrne (R-AL) – $2,000
Buddy Carter (R-GA) – $2,000
Chris Collins (R-NY) – $2,000
Mario Diaz Balart (R-FL) – $2,000
Sean Duffy (R-WI) – $2,000
Chuck Fleischmann (R-TN) – $2,000
Tim Walz (D-MN) – $2,000 <-Now MN governor
Bob Gibbs (R-OH) – $2,000
Paul Gossar (R-AZ) – $2,000
Sam Graves (R-MO) – $2,000
Glenn Grothman (R-WI) $2,000
Vicky Hartzler (R-MO) – $2,000
Jeb Hensarling (R-TX) – $2,000
French Hill (R-AR) – $2,000
Bill Huizenga (R-MI) – $2,000
Darrell Issa (R-CA) – $2,000
Bill Johnson (R-OH) – $2,000
Adam Kinzinger (R-IL) – $2,000
Doug Lamborn (R-CO) – $2,000
Luke Messer (R-IN) – $2,000
Kristi Noem (R-SD) – $2,000
Scott Perry (R-PA) – $2,000
Robert Pittenger (R-NC) – $2,000
Ted Poe (R-TX) – $2,000
Tom Rice (R-SC) – $2,000
Martha Roby (R-AL) – $2,000
Mike Rogers (R-AL) – $2,000
Todd Rokita (R-IN) – $2,000
Peter Roskam (R-IL) – $2,000
Dennis Ross (R-FL) – $2,000
Austin Scott (R-GA) – $2,000
Jason Smith (R-MO) – $2,000
Elise Stefanik (R-NY) – $2,000
Steve Stivers (R-OH) – $2,000
Mark Walker (R-NC) – $2,000
Jackie Walorski (R-IN) – $2,000
Mimi Walters (R-CA) – $2,000
Joe Wilson (R-SC) – $2,000
Rob Wittman (R-VA) – $2,000
Steven Palazzo (R-MS) – $1,750
Mike Kelly (R-PA) – $1,500
Steve Womack (R-AR) – $1,500
Ralph Abraham (R-LA) – $1,000
Lou Barlettea (R-PA) – $1,000
Susan Brooks (R-IN) – $1,000
Warren Davidson (R-OH) – $1,000
Ron DeSantis (R-FL) – $1,000
Louie Gohmert (R-TX) – $1,000
Kenny Marchant (R-TX) – $1,000
Kevin McCarthy (R-CA) – $1,000
David McKinley (R-WV) – $1,000
Dave Reichert (R-WA) – $1,000
Tom Rooney (R-FL) – $1,000
Randy Weber (R-TX) – $1,000
Daniel Webster (R-FL) – $1,000

Open Thread: Guns, Guns, and More Bloody Guns

This is an open thread dedicated to what the National Rifle Association wants you to believe is as necessary as air along with ~13,000 gun homicides each year, and seven children and teen gun deaths each day.

Freedom — we have it at gun point.

For the record, my household has guns. They’re used for hunting. Half the meat this household consumes is venison harvested from family property. They’re secured in a gun safe when not in use.

The Federal Assault Weapons Ban in force from 1994 to 2004 didn’t impede the ability of this household to hunt its annual venison. Mass shootings were markedly lower during the ban, however, though increasing use of high capacity magazines eventually thwarted the effects of the ban.

Do I believe in the Second Amendment? Sure — including the part about a “well regulated Militia.”

The NRA doesn’t believe in that part of the amendment because it affects their actual clients’ profit motive; regulating a militia means gun makers can’t sell more guns.

At some point gun makers and their lobbyists at the NRA need to face reality: the market is saturated, which is why Remington is going into bankruptcy. There are no more arguments to be made to increase gun sales when there are more guns in the U.S. than Americans.

There are no more arguments to be made to sell more guns into a saturated market when gun proponents care more about their guns than the shattered children in classrooms.

Or when gun proponents’ arguments rely on augmentation and dispersion by foreign agents.

Bring your discussions about guns here. Keep them out of other threads so that others can have uninterrupted discussions on topic.