Trump admin argues transgender workers aren’t protected by civil rights law in new Supreme Court filing

The Trump administration on Friday filed a brief with the Supreme Court arguing that federal civil rights laws do not protect transgender workers.

The filing relates to the case of Aimee Stephens, a transgender woman who was fired as the funeral director of R.G. & G.R. Harris Funeral Homes Inc. in Detroit after she told owner Thomas Rost that she planned to transition from male to female and would be representing herself as a woman while at work.

In March 2018, the 6th Circuit Court of Appeals ruled the funeral home had violated Title VII anti-discrimination laws in the decision, with the court ruling that “discrimination on the basis of transgender and transitioning status is necessarily discrimination on the basis of sex” and therefore protected under Title VII of the Civil Rights Act of 1964.

However, in their court filing submitted Friday, Solicitor General Noel J. Francisco and Department of Justice attorneys argued that the specific Civil Rights Act provision “does not bar discrimination because of transgender status,” meaning the Michigan funeral home was within its right to fire Stephens.

“In 1964, the ordinary public meaning of ‘sex’ was biological sex. It did not encompass transgender status,” the brief reads. “In the particular context of Title VII — legislation originally designed to eliminate employment discrimination against racial and other minorities — it was especially clear that the prohibition on discrimination because of ‘sex’ referred to unequal treatment of men and women in the workplace.”

If the Supreme Court sides with the Trump administration, it would overturn the previous ruling by the 6th Circuit Court of Appeals, and mark a major blow to LGBT rights. 

The move comes hours after the Log Cabin Republicans endorsed President Trump‘s 2020 reelection bid, reversing its decision four years ago when the conservative LGBT organization declined to endorse then-candidate Trump in 2016.  

The group said Friday in its decision that Trump has helped advance LGBT rights through policies seeking to end the spread of HIV/AIDS as well as his push to get other countries to conform to modern human rights standards.

Trump has referred to himself as the “most pro-LGBT presidential nominee in the history of the Republican Party,” but has come under fire for his transgender military ban, which reversed the Obama-era policy of allowing transgender individuals to openly serve in the military.

The ban was formally upheld by the Supreme Court earlier this year after facing multiple legal challenges.

[The Hill]

Trump praises N.H. lawmaker who called for shooting Hillary Clinton

President Donald Trump on Thursday praised a New Hampshire Republican who previously called for former Secretary of State Hillary Clinton to be shot by firing squad.

Speaking at a rally in Manchester, N.H., Trump gave a shoutout to state Rep. Al Baldasaro, who had previously served as an informal adviser during his 2016 campaign. Baldasaro had been diagnosed with cancer, Trump said during the rally, and he added that his apparent recovery and successful treatment were a testament to the changes to the Veterans Choice Program that Trump signed into law last year.

Trump also praised Baldasaro for making it to “every rally I ever gave in New Hampshire.”

“Right from the beginning. I got so tired of looking at him; he’d always be here,” Trump said.

While advising Trump in the summer of 2016, Baldasaro called Clinton a “disgrace” for her role in responding to the 2012 attacks in Benghazi, Libya, and said that she “should be put in the firing line and shot for treason.”

CNN later reported the Secret Service was investigating the remarks at the time, and the Trump campaign disavowed what Baldasaro said.

Still, Baldasaro was invited to the White House in June 2017 for a bill-signing ceremony, again prompting Trump’s team to distance itself from his remarks. Baldasaro said on Twitter at the time: “Nobody advocated shooting Hillary, just an opinion in accordance with law & CONSTITUTION on treason.”

[Politico]

Trump accuses news media of trying to crash the economy

President Donald Trump on Thursday baselessly accused the press of trying to tank the American economy, shrugging off any blame for a prospective economic slowdown and possible recession heading into his reelection next year. 

“The Fake News Media is doing everything they can to crash the economy because they think that will be bad for me and my re-election,” he said in a tweet. “The problem they have is that the economy is way too strong and we will soon be winning big on Trade, and everyone knows that, including China!”

The president offered no evidence to support his claim that the media, a frequent target of his ire, is working to weaken the U.S. economy.

Trump and his allies have signaled that the president intends to run on his economic record next year, hoping that record-low levels of unemployment and sustained growth building on recovery from the 2008 recession will persuade voters otherwise turned off by his more controversial policies and rhetoric to nonetheless cast their ballot for him. 

Trump’s outburst comes after the Dow Jones Industrial Average suffered its worst day of the year on Wednesday, sliding 800 points after one economic measure that has reliably preceded the last five recessions triggered alarm bells on Wall Street.

The White House has shrugged off concerns that another recession is looming, pointing to a strong jobs market and continued wage growth and echoing Trump’s rhetoric that the U.S. is not on a level playing field when it comes to monetary or trade policy. 

Despite the Trump administration’s insistence that the strong economy is on track to continue, many economists have warned of the potential of a recession amid a global economic slowdown. The president’s trade war with China and his threats to level tariffs on other U.S. allies and trade partners have created uncertainty in global markets and contributed to lower spending by businesses. 

Late last month, the Federal Reserve cut interest rates for the first time since the 2008 recession, a step the president had hammered the central bank for not taking earlier, and is set to slash them at least once more this year. That the Federal Reserve could cut interest rates again is seen by some as yet another warning of potential economic turmoil.

But despite widespread talk of a potential economic downturn, the stock market began to rebound Thursday, with the Dow Jones Industrial Average climbing slightly by mid-afternoon. The federal government, too, offered good news, reporting that consumer spending exceeded expectations last month.

[Politico]

Trump nominates judge who argued countries are stronger if everyone is same ethnic group

A White House lawyer chosen by Donald Trump to serve on the federal appeals court previously argued countries were weakened by ethnic diversity.

Steven Menashi, the president’s nomination for the Court of Appeals Second Circuit, wrote in an academic journal that “ethnic ties provide the groundwork for social trust” and “solidarity underlying democratic polities rests in large part on ethnic identification”.

“Surely, it does not serve the cause of liberal democracy to ignore this reality,” he added in the 2010 article for the University of Pennsylvania Journal of International Law.

The passages resurfaced on social media following the announcement of Mr Menashi’s nomination on Wednesday and were later discussed on air by MSNBC host Rachel Maddow, who described them as “a highbrow argument for racial purity in the nation state”.

In the journal article, titled “Ethnonationalism and Liberal Democracy”, the lawyer says he aims to refute claims that “Israel’s particularistic identity — its desire to serve as a homeland for the Jewish people — contradicts principles of universalism and equality upon which liberal democracy supposedly rests”.

“This article, in contrast, argues that ethnonationalism remains a common and accepted feature of liberal democracy, consistent with current state practice and international law,” he writes.

[The Independent]

Update

On November 14, 2019, Senate Republicans overwhelmingly voted to approve Menashi to a lifetime appointment.

Trump defends promoting conspiracy theory about Epstein’s death: ‘It was a retweet’


President Trump
 on Tuesday defended promoting a baseless conspiracy theory that ties the Clintons to the death of accused sex trafficker Jeffrey Epstein, saying it was “fine” because he was only retweeting what someone else said.

“The retweet — which is what it was, it was a retweet — was from somebody that is a very respected conservative pundit. So I think it was fine,” Trump told reporters before heading to Pennsylvania for a speech.

Asked later if he truly believes the Clintons are involved in Epstein’s death, Trump said “I have no idea” before pointing to former President Bill Clinton‘s relationship with the disgraced financier.

Trump, who ran in the same social circles with Epstein before he said they had a falling out, said he would like there to be a “full investigation” into the convicted sex offender’s death.

“I want a full investigation and that’s what I absolutely am demanding,” Trump said.

Trump on Saturday shared a tweet from Terrence K. Williams that blamed Epstein’s death on Bill and Hillary Clinton without providing any evidence. 

The tweet included the hashtags #ClintonBodyCount and #ClintonCrimeFamily, as well as a photo of both the former president and former secretary of State.

Attorney General William Barr said Monday that Justice Department officials will thoroughly investigate “serious irregularities” at the Metropolitan Correctional Center, where Epstein was found dead of an apparent suicide over the weekend.

Epstein was found dead early Saturday in his jail cell in the New York federal prison, where he was awaiting trial on federal sex trafficking charges. He had been a registered sex offender following an earlier conviction in 2008 of soliciting sex from underage girls.

Trump and Epstein were known to run in the same social circles in New York and Florida. Trump told New York magazine in a 2002 article that Epstein is a “terrific guy” and “a lot of fun to be with.”

The president said last month in the wake of fresh charges against Epstein that the two had a falling out 15 years ago.

“I knew him like everybody in Palm Beach knew him. I mean, people in Palm Beach knew him,” Trump said a day after the charges against Epstein were unsealed. “He was a fixture in Palm Beach. I had a falling out with him a long time ago. I don’t think I’ve spoken to him for 15 years. I wasn’t a fan.” 

[The Hill]

Trump Calls Chris Cuomo an ‘Out-of-Control Animal’ Who Uses ‘Horrible’ Language and ‘Spews Lies’

President Donald Trump weighed in on the viral outrage of the day by calling CNN anchor Chris Cuomo an “out-of-control animal” who also “spews lies every night,” while also seeming to criticize Cuomo for not assaulting the man who taunted him.

During an impromptu press gaggle in New Jersey Tuesday afternoon, Trump was asked about his tweets attacking Cuomo over the aborted bar fight that was caught on video.

“I think that what Chris Cuomo did was horrible,” Trump told reporters. “His language was horrible, he looked like a total out-of-control animal. He lost it.”

“And frankly, I don’t think anybody should defend him, because he spews lies every night,” Trump continued. According to The Washington Post, Trump recently made the 12,000th false or misleading statement of his presidency.

The president then paraphrased his earlier assertions, saying “I don’t know why anybody would defend him, but, Chris Cuomo was out of control, I watched it I thought it was terrible. So I don’t know who is defending him, maybe they didn’t see it, maybe they haven’t gotten the whole picture, but I think anybody that would have seen Chris, would have said that was a disgrace. You’ve never seen me do that.”

Trump has, in the past, offered to pay the legal fees of rallygoers if they carried out violence on his behalf.

Trump was then asked if his tweets undermine the validity of so-called “red flag” laws.

“Well I think Chris Cuomo was so out of control that I would not have wanted to see a weapon in his hand,” Trump said, then appeared to criticize Cuomo for not punching the man who accosted him, saying “I guess his fist is not a weapon, or he would have done something, you know he talked about it but he didn’t do anything.”

Seconds after observing that Cuomo did not commit violence during the altercation, Trump again insisted “But I think Chris Cuomo was very much out of control actually.”

[Mediaite]

Trump Mocks ‘Nuts’ Chris Cuomo as ‘Fredo’ After CNN Host’s Bar Altercation: He’s ‘Totally Lost It!’

President Donald Trump weighed in on “Fredo-gate” Tuesday morning, calling out Chris Cuomo after a video of the CNN anchor getting after it with some heckling jerk at a Shelter Island bar.

A surreptitiously recorded video of Cuomo getting into with an unidentified individual went viral late Monday night, which spawned a lustful debate over Cuomo’s behavior. Was he justified in going after the alleged heckler, particularly because he was with his daughter in a public place? Or did he cross a line in his hyperbolic threats of violence?

Oddly, the bigger online debate has focused Cuomo’s claim that “Fredo” (a term that the heckler referred to Cuomo as) is an ethnic slur akin to calling a person of color the N-word.

Well if it is a slur, President Trump just jumped on the offensive train, as he called Cuomo “Fredo also,” adding “The truth hurts.” Trump tweeted:

The first-born son of President Donald Trump — and Executive Vice President of the Trump Org — also weighed in on “Fredo-gate” when he quote-tweeted Trump campaign advisor Katrina Pierson, to offer his unsolicited opinion on where Fredo stands on the offensive spectrum. Don Jr tweeted:

The ephemeral meaning of words — and this case, fictional characters names — has never been on clearer display here, as Don Jr. is far from the only opinion that matters. Sure, he may have some expertise on what it’s like to either be (or have) a “dumb brother,” but someone with German and Czechoslovakian descent, he may not find the same meaning in “Fredo” as does someone who self-identifies as Italian-American. To wit, the supportive insights provided by fellow Italian-American, Anthony Scaramucci:

[Mediaite]

White Supremacists Responsible for All Race-Based Domestic Terrorism Incidents in 2018 – DOJ Blocked Report

The Trump administration has known since at least April that alleged white supremacists were responsible for every single act of race-based domestic terrorism in the U.S. in 2018, yet not only took no action to combat the growing right wing violent extremism, but actually substantially reduced or even eliminated funding and programsthat combat white supremacist extremism, violence, and terrorism – and then blocked the data from reaching the hands of Congress.

“Domestic Terrorism in 2018,” a document (embedded below) prepared by the State of New Jersey’s Office of Homeland Security Preparedness, “shows 25 of the 46 individuals allegedly involved in 32 different domestic terrorism incidents were identified as white supremacists,” Yahoo News’ Jana Winter and Hunter Walker report.

That document finds there were “32 domestic terrorist attacks, disrupted plots, threats of violence, and weapons stockpiling by individuals with a radical political or social agenda who lack direction or influence from foreign terrorist organizations in 2018.”

The report was “circulated” throughout the U.S. Dept. of Justice “and around the country in April just as members of the Senate pushed the DOJ to provide them with precise information about the number of white supremacists involved in domestic terrorism.”

The Justice Department, under President Trump’s hand-picked Attorney General Bill Barr, refused to hand over the data or the document to Congress.

Meanwhile, the Anti-Defamation League (ADL) in January of 2019 had already compiled a report, announcing that, “Right-Wing Extremism Linked to Every 2018 Extremist Murder in the U.S., ADL Finds.”

ADL reported that “Right-wing extremists were linked to at least 50 extremist-related murders in the United States in 2018, making them responsible for more deaths than in any year since 1995, according to new data from the ADL.”

1995 was the year domestic terrorist Timothy McVeigh blew up the Oklahoma City federal building, slaughtering 168 people and injuring more than 680 others.

“The tally represents a 35 percent increase from the 37 extremist-related murders in 2017,” ADL reported, “making 2018 the fourth-deadliest year on record for domestic extremist-related killings since 1970. Last year saw the highest percentage of right-wing extremist-related killings since 2012, the last year when all documented killings were by right-wing extremists.”

Why the Dept. of Justice and the White House blocked the data from reaching Congress is now yet another investigation Congress should take up.

Here’s the document the DOJ refused to hand over to Members of the House and Senate:

[New Civil Rights Movement]

Trump Loses it on Hollywood Amid Furor Over ‘The Hunt’ Movie: ‘Racist at the Highest Level … With Great Anger and Hate!’

President Donald Trump bizarrely doubled down on a line of attack against the film industry, claiming “Hollywood is Racist at the highest level” in reference to an unnamed movie — presumably Universal’s “The Hunt,” in which elites hunt down “deplorables” for sport.

“They like to call themselves “Elite,” but they are not Elite. In fact, it is often the people that they so strongly oppose that are actually the Elite,” apparently in reference to himself and his supporters.

Trump did not specify what movie he was mad at, but was continuing a line of attacks from this morning.

It was likely Trump was talking about the upcoming thriller “The Hunt,” which appears to be inspired by the famous story “The Most Dangerous Game.”

According to The Hollywood Reporter, the film involves a cabal of wealthy elites kidnapping a group of “deplorables” to hunt for sport, until the hunted later turn the tables on their captors.

“They’re treating conservatives very unfairly. Hollywood, I don’t call them the elites. I think the elites are people that go after them in many cases,” said Trump. “But Hollywood is really terrible. You talk about racism, Hollywood is racist!” Trump said before leaving for a 10-day vacation.

“The Hunt” is scheduled to be released in theaters next month.

[Mediaite]

Trump Shares Racist Tucker Carlson Clip Amid White Supremacy Controversy

President Donald Trump retweeted a racist clip of Fox News Host Tucker Carlson, who’s facing backlash for claiming the notion of a white supremacy problem in the U.S. is “a hoax” created by the left and the media.

The video ― created by The Daily Caller, a conservative news site that Carlson co-founded ― features the Fox host discussing and questioning the legitimacy of Rep. Ilhan Omar’s (D-Minn.) prior marriage, immigration status and name. Omar, an American citizen, was born in Somalia and immigrated to the U.S. as a child.

The “sham marriage” that Carlson refers to is a popular right-wing conspiracy theory that Omar married her brother in order to bypass U.S. immigration laws. There is no evidence that indicates this is the case, and the theory originated from an anonymous internet forum post in 2016. 

Omar has denied the claim and provided a timeline of her marital history. In 2018, she showed a reporter from the Minneapolis Star Tribune images of her father’s immigration documents, which did not list her former husband among his children.

But this is not the first time that the president has drawn attention to the unsubstantiated theory.

“Well, there is a lot of talk about the fact that she was married to her brother,” Trump told reporters last month, before adding: “I know nothing about it.”

Trump has a history of engaging in or promoting racist attacks that question the legitimacy of the congresswoman’s status as an American. He has claimed that Omar hates America and said that she, alongside three other progressive Democratic congresswomen, should “go back and help fix the totally broken and crime infested places from which they came.”

Carlson currently faces public backlash for claiming that white supremacy is not a threat in America just days after a shooter killed 22 people and injured dozens more at a Walmart in El Paso, Texas. The shooter reportedly penned a racist, anti-immigrant manifesto before driving nine hours to the largely Hispanic border town.

“This is a hoax, just like the Russia hoax,” Carlson said on Tuesday of the notion that white supremacy was a major threat in the U.S. “It’s a conspiracy theory used to divide the country and keep a hold on power. That’s exactly what’s going on.”

Fox News and Carlson have lost several advertisers, including Long John Silver’s, Nestlé and HelloFresh, in the aftermath of his claim.

When the president was asked on Wednesday if he was concerned about the rising threat of white supremacy, he told reporters he was concerned about all hate groups, “whether it’s white supremacy, whether it’s any other kind of supremacy.”

[Huffington Post]

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