Federal judge in Louisiana calls President Biden’s mandatory protections for ‘gender identity’ a ‘threat to democracy’

Biden-speaks-at-White-House

Important Takeaways:

  • “This case demonstrates the abuse of power by executive federal agencies in the rulemaking process,” Doughty said in his ruling. “The separation of powers and system of checks and balances exist in this country for a reason.”
  • Doughty ruled that the changes were inadmissible because the term “gender discrimination” as used in the establishment of Title IX “only included discrimination against biological males and females at the time of enactment.”
  • The ruling blocks implementation of the changes in Louisiana, Mississippi, Montana and Idaho.
  • Title IX is a longstanding civil rights law prohibiting sex-based discrimination in schools and other education centers that receive federal funding.
  • Under the administration’s new rules, sex discrimination would include discrimination based on gender identity as well as sexual orientation.
  • Critics say that the change will allow locker rooms and bathrooms to be based on gender identity.
  • Lawsuits against the Biden administration’s changes — similar to the Louisiana case — are underway in states across the country.

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Suspect in slaying of federal judge’s son found dead, media reports say

(Reuters) – The suspect in the shooting of the son and husband of a federal judge in New Jersey was found dead from an apparent self-inflicted gunshot wound on Monday, ABC News and other media reported.

The suspect, a white male, had a case before the judge, Esther Salas, in 2015, ABC reported. He was found in his car in Sullivan County, New York, about two hours north of New York City.

Steven Nevel, a spokesman for the New York State police, confirmed an investigation of a death in the county but declined to provide further details.

The FBI has been conducting a manhunt related to the Sunday afternoon shooting at the North Brunswick, New Jersey, home of U.S. District Judge Esther Salas. Her son, Daniel Anderl, 20, was killed.

The FBI said it was looking for one suspect in the case.

Judge Salas was home at the time of the shooting but was in the basement and was not injured, according to media reports and Marion Costanza, a friend of the family who lives three homes away.

Investigators have preliminary information that someone dressed as a FedEx driver arrived at the family home at about 5 p.m. (2100 GMT), ABC News reported on Sunday, citing multiple law enforcement sources.

The motive behind the killing remained unclear. Among her cases, Salas presided over the sentencing of members of the Grape Street Crips, a gang charged with selling drugs and other crimes in 2015, and federal fraud convictions of co-stars of “The Real Housewives of New Jersey” reality TV show.

Salas, 51, was nominated to her seat by President Barack Obama in 2010, becoming the first Hispanic woman to serve on the District Court of New Jersey. Salas could not be immediately reached for comment.

Her husband, Mark Anderl, 63, was an assistant prosecutor in Essex County before becoming a defense attorney. He and his partner, David Oakley, handle a variety of felonies, including homicide, sexual assault and fraud cases, according to their website.

Neither Anderl nor Oakley could be reached for comment.

Daniel Anderl, the son, was shot as he came down the stairs of the home to help his father, who had opened the door to the gunman, according to some media reports.

“He ran down the stairs. Instead of running away he ran to help his father,” Costanza said, noting that Daniel had wanted to follow in his parents’ footsteps and become a lawyer. “I want people to know what a good kid he was.”

New Jersey Governor Phil Murphy and U.S. Senator Bob Menendez of New Jersey were among political leaders who expressed concern about the incident on Twitter.

Menendez said he knew Judge Salas well and had recommended her appointment to the federal bench.

“My prayers are with Judge Salas and her family, and that those responsible for this horrendous act are swiftly apprehended and brought to justice,” Menendez wrote.

(Reporting by Nathan Layne in Wilton, Connecticut and Maria Caspani in New York; Editing by Jonathan Oatis and Dan Grebler)

U.S. appeals court orders dismissal of criminal case against Michael Flynn

By Sarah N. Lynch

WASHINGTON (Reuters) – A U.S. appeals court on Wednesday directed a federal judge to drop a criminal case against President Donald Trump’s former national security adviser Michael Flynn for lying to the FBI, handing a victory to the Justice Department and effectively ending the politically charged case.

In a split decision, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of Flynn and the Trump administration in preventing U.S. District Judge Emmet Sullivan from exercising his discretion on whether to grant the department’s motion to clear Flynn, who twice pleaded guilty.

The ruling prevents Sullivan from hearing arguments at a July 16 hearing from retired judge John Gleeson, whom he appointed as a “friend of the court” to argue against dropping the case.

“In this case, the district court’s actions will result in

specific harms to the exercise of the executive branch’s

exclusive prosecutorial power,” wrote Judge Neomi Rao, who was appointed by Trump.

“The contemplated proceedings would likely require the Executive to reveal the internal deliberative process behind its exercise of prosecutorial discretion,” she added.

Judge Robert Wilkins, an Obama administration appointee, dissented.

Flynn, a retired Army lieutenant general, was one of several former Trump aides charged under former Special Counsel Robert Mueller’s investigation that detailed Moscow’s interference in the 2016 U.S. presidential election.

Flynn twice pleaded guilty to lying to the FBI about his conversations with Russia’s then-ambassador, Sergey Kislyak.

He switched lawyers to pursue a new scorched-earth tactic that accused the FBI of entrapping him, and asked the judge to dismiss the charge.

(Reporting by Sarah N. Lynch; Editing by Chizu Nomiyama and Alistair Bell)

Federal judge temporarily exempts truck drivers from California gig worker law

By Kanishka Singh

(Reuters) – A federal judge has temporarily blocked a California labor law meant to take effect from Jan. 1 from impacting over 70,000 independent truckers by granting a ‘temporary restraining order.’

U.S. District Judge Roger Benitez in San Diego granted on Tuesday a five-page order sought by trade group California Trucking Association while he considers imposing a permanent injunction, the hearing for which is set for Jan. 13.

“Having considered the parties’ arguments set forth in Plaintiffs’ supporting papers, as well as Defendants’ and Intervenor-Defendant’s opposition papers, the Court finds that Plaintiffs’ requested temporary restraining order is warranted”, the judge said in his order.

California’s gig worker law was signed by Governor Gavin Newsom in September and has garnered national attention, largely owing to the size of California’s workforce and the state’s leadership role in establishing policies that are frequently adopted by other states.

The law would make it harder for gig economy companies to qualify their workers as independent contractors rather than employees.

The Assembly Bill 5 or AB5 was set to go into effect on Wednesday but it faces multiple legal challenges.

The California Trucking Association had filed a lawsuit in November seeking an exemption from AB5. Photographers and freelance writers are also seeking a restraining order.

Ride-hailing company Uber Technologies Inc and courier services provider Postmates Inc asked a U.S. court to block the law in a lawsuit filed on Monday.

The companies have argued the bill violates the U.S. Constitution and that it is irrational, vague and incoherent.

Backers of the bill, including labor groups, have argued the law protects workers’ rights. By classifying the contractors as employees, the companies would be subject to labor laws that require higher pay and other benefits such as medical insurance.

The bill strikes at the heart of the “gig economy” business model of technology platforms like Uber, Postmates, Lyft Inc, DoorDash and others who rely heavily on the state’s 450,000 contract workers, not full-time employees, to drive passengers or deliver food via app-based services.

(Reporting by Kanishka Singh in Bengaluru; Editing by Andrea Ricci)

Trump-backed ‘conscience’ rule for healthcare workers voided by U.S. judge

Trump-backed ‘conscience’ rule for healthcare workers voided by U.S. judge
By Jonathan Stempel

NEW YORK (Reuters) – A federal judge on Wednesday voided a White House-backed rule that would have made it easier for doctors and nurses to avoid performing abortions on religious or moral grounds.

U.S. District Judge Paul Engelmayer in Manhattan said the so-called “conscience” rule was unconstitutionally coercive, by letting the U.S. Department of Health and Human Services (HHS) withhold billions of dollars of federal funding from healthcare providers unless they complied.

“Wherever the outermost line where persuasion gives way to coercion lies, the threat to pull all HHS funding here crosses it,” Engelmayer wrote in a 147-page decision.

The judge also said the rule conflicted with federal laws governing the obligations of employers to accommodate workers’ religious objections, and hospitals to provide emergency treatment to patients who could not afford it.

Engelmayer’s decision covered a lawsuit by New York state and 22 other states and municipalities, as well as two lawsuits by Planned Parenthood and other healthcare providers.

HHS and the U.S. Department of Justice did not immediately respond to requests for comment. The rule was scheduled to take effect on Nov. 22.

U.S. President Donald Trump, a Republican, has made expanding religious liberty a priority, and the conscience rule has drawn support from abortion opponents.

Neither the office of New York Attorney General Letitia James nor Planned Parenthood immediately responded to requests for comment.

The states and municipalities have said the rule could undermine their ability to provide effective healthcare, and upset their efforts to accommodate workers’ beliefs while ensuring that hospitals and other businesses treated patients effectively.

Opponents of the rule have also said it could deprive gay, transgender and other patients of needed healthcare because providers might be deemed less worthy of treatment.

HHS countered that the rule would help enforce “conscience protection” laws that have been on the books for decades.

Engelmayer said these provisions “recognize and protect undeniably important rights,” but the government’s rulemaking “was sufficiently shot through with glaring legal defects.”

The state and municipal plaintiffs are led by Democrats or often lean Democratic.

They also include New York City, Chicago and Washington, D.C.; the states of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Wisconsin; and Cook County, Illinois.

The states’ case is New York et al v. U.S. Department of Health and Human Services et al, U.S. District Court, Southern District of New York, No. 19-04676.

(Reporting by Jonathan Stempel in New York; Editing by Chizu Nomiyama and Bill Berkrot)

Federal judge blocks Alabama abortion ban from being enforced

Federal judge blocks Alabama abortion ban from being enforced
(Reuters) – A federal judge blocked Alabama on Tuesday from enforcing the strictest abortion laws in the country, which were due to come into effect next month and would ban all abortions unless a mother’s health was in danger.

Alabama Governor Kay Ivey, a Republican, had signed the bill into law in May. Those performing abortions would be committing a felony, punishable by up to 99 years in prison. A woman who receives an abortion would not be held criminally liable.

The American Civil Liberties Union and other groups sued to overturn the law, which clashes with the U.S. Supreme Court ruling in Roe v. Wade in 1973 that established a constitutional right to abortion.

Conservative Republicans have sought to enact a wave of abortion restrictions around the country in the hopes that one case or another might reach the Supreme Court and lead to the erosion of the Roe v. Wade ruling.

Judge Myron H. Thompson of the United States District Court in Middle Alabama has blocked the Alabama abortion ban from being enforced until the lawsuit is resolved.

(Reporting by Jonathan Allen in New York; Editing by Bernadette Baum)

U.S. judge wants quick review of sealed documents tied to Epstein

Attorney Sigrid McCawley, lawyer for Jeffrey Epstein's alleged victims, speaks outside Manhattan Federal Court following a hearing in a defamation lawsuit filed by one of Jeffrey Epstein's alleged victims, Virginia Giuffre, in New York, U.S., September 4, 2019. REUTERS/Bryan R Smith

By Brendan Pierson

NEW YORK (Reuters) – A New York federal judge said on Wednesday she would move quickly in deciding whether to unseal hundreds of court documents linked to financier Jeffrey Epstein, who died last month while awaiting trial on sex trafficking charges.

The documents are part of a civil lawsuit filed by one of Epstein’s alleged victims, Virginia Giuffre, against Epstein’s former associate, Ghislaine Maxwell. Giuffre has said Epstein and Maxwell trafficked her for sex while she was a teenager.

Giuffre sued Maxwell in 2015 and accused the British socialite of defaming her by calling her a liar. Maxwell has denied the claims, and the case settled on undisclosed terms earlier this year.

More than 900 court filings in the case remained secret until early August, when a federal appeals court unsealed about 2,000 pages of documents. The court ordered U.S. District Judge Loretta Preska to review each of the remaining documents to determine whether they should be unsealed.

At a hearing on Wednesday, Preska gave Giuffre, Maxwell and other interested parties two weeks to divide the documents into three categories. Preska said one category of documents – those that could have been used by a judge to decide core issues in the case – are most likely to be unsealed.

The parties will then will have a chance to make arguments about what should be public and what should remain secret.

Jeffrey Pagliuca, Maxwell’s lawyer, said at the hearing that the documents contained “hundreds” of names of people who would need to be notified and given a chance to object before they were made public.

On Tuesday, lawyers for an anonymous man urged Preska in a letter to keep the names of people who were not parties to the lawsuit secret.

Epstein was arrested on July 6 and pleaded not guilty to sex trafficking charges. Prosecutors said he recruited numerous underage girls to give him massages and then sexually abused them.

The wealthy 66-year-old money manager was found dead on Aug. 10 in his cell at the Metropolitan Correctional Center in Lower Manhattan. An autopsy concluded that he hanged himself.

(Reporting by Brendan Pierson in New York; Editing by Noeleen Walder and Paul Simao)

U.S. judge blocks Trump’s latest sweeping asylum rule

Migrants wait to apply for asylum in the United States outside the El Chaparral border, in Tijuana, Mexico July 24, 2019. REUTERS/Carlos Jasso

By Daniel Trotta and Kristina Cooke

(Reuters) – A federal judge in San Francisco on Wednesday blocked the Trump administration from enforcing a new rule that aimed to bar almost all asylum applications at the U.S.-Mexico border.

U.S. District Judge Jon Tigar in the Northern District of California issued a preliminary injunction blocking the rule, which would require asylum-seekers to first pursue safe haven in a third country they had traveled through on their way to the United States.

The decision makes inconsequential a ruling by Washington D.C. District Judge Timothy Kelly earlier in the day that declined to block the rule in a different lawsuit brought by immigration advocacy groups, lawyers said.

The Trump administration had been quick to celebrate that decision, saying it would discourage abuse of the asylum process.

Following the action by the San Francisco court, the rule will now be suspended pending further proceedings.

“Today’s ruling is an important victory for incredibly vulnerable individuals and families,” said Melissa Crow, an attorney from the Southern Poverty Law Center – one of the groups challenging the ban – in a statement.

The Trump administration has sought to curtail the increasing numbers of mostly Central American migrants arriving at the U.S. -Mexico border after fleeing violence and poverty in countries such as Guatemala, Honduras and El Salvador. It has characterized the vast majority of their asylum claims as bogus.

After the White House announced the rule on July 15, the American Civil Liberties Union and other rights groups sued in California on the grounds it violates U.S. law that welcomes those who come to the United States fleeing persecution at home.

Immigration is shaping up to be a focus of the presidential campaign again in 2020. In the 2016 election, voters rewarded then-candidate Donald Trump’s anti-immigrant rhetoric, sending him to the White House after he promised to build a wall on the U.S.-Mexico border and called for a ban on Muslims entering the United States.

DANGERS IN MEXICO

Opponents of the new rule contend the United States cannot force migrants to first apply for asylum in another country, such as Mexico or Guatemala, unless Washington first has a “safe third country” agreement with that government. Both Mexico and Guatemala have resisted Trump administration efforts to reach such a deal.

In an hour-long hearing in California, Tigar said he was struck by the dangers faced by people passing through Mexico, which was significant because the Trump administration argued that country was a safe haven.

“The administrative record about the dangers faced by persons transiting through Mexico and the inadequacy of the asylum system there … is stunning,” Tigar said from the bench.

Tigar in November struck down a different asylum ban that attempted to block all migrants crossing illegally from asking for refuge in the United States.

The Trump administration has issued a rapid-fire series of anti-immigration edicts recently.

Last week, the administration issued another rule to expedite deportations for immigrants who have crossed illegally within the last two years and are caught anywhere in the United States. The rule eliminated a level of judicial review and expanded a program typically applied only along the southern border with Mexico.

Democrats have blasted the policies as cruel, faulting the Trump administration for warehousing migrants in crowded detention facilities along the border and separating immigrant children from the adults they have traveled with.

(This story corrects date rule was announced to July 15 in paragraph 8).

(Reporting by Kristina Cooke in San Francisco, Mica Rosenberg and Daniel Trotta in New York, and Tom Hals in Wilmington, Delaware; Editing by Dan Whitcomb and Sonya Hepinstall)

U.S. judge blasts drug lord El Chapo’s ‘overwhelming evil,’ imposes life sentence

FILE PHOTO: Joaquin "El Chapo" Guzman is escorted by soldiers during a presentation in Mexico City, January 8, 2016. REUTERS/Tomas Bravo

By Brendan Pierson and Jonathan Stempel

NEW YORK (Reuters) -Joaquin “El Chapo” Guzman, the Mexican drug lord who twice escaped maximum-security prisons in that country will spend the rest of his life in a U.S. penitentiary, a federal judge said on Wednesday after accusing him of “overwhelming evil.”

Guzman berated the U.S. justice system, and a former associate described how he had paid a gang $1 million to try to kill her before U.S. District Judge Brian Cogan imposed the mandatory sentence of life plus 30 years.

Cogan also ordered Guzman to forfeit $12.6 billion in a hearing in federal court in Brooklyn.

Guzman, 62, was found guilty by a jury in February of trafficking tons of cocaine, heroin and marijuana and engaging in multiple murder conspiracies as a top leader of the Sinaloa Cartel, long known as one of Mexico’s largest and most violent drug trafficking organizations.

Guzman, whose nickname means “Shorty,” developed a reputation as a Robin Hood-like figure that made him a folk hero to many in his home state of Sinaloa, where he was born in a poor mountain village.

He has been held in solitary confinement in the Metropolitan Correctional Center, a fortress-like jail in lower Manhattan. Cogan last month rejected his request for more time to exercise on the jail’s roof, after prosecutors said that would risk an escape.

Guzman, who recently grew a mustache, complained about the terms of his confinement before his sentence was handed down.

“It has been psychological, emotional, mental torture 24 hours a day,” said Guzman. He alleged that the jurors on his case allowed media accounts of the trial to influence their thinking – an argument his lawyers have also made.

“Since the government of the United States is going to send me to a prison where my name will not ever be heard again, I take advantage of this opportunity to say there was no justice here,” he told the court.

Before he was finally captured in 2016, Guzman twice escaped maximum-security prisons in Mexico. He was extradited to the United States to face trial in January 2017.

Guzman made a name for himself as a trafficker in the 1980s by digging tunnels under the U.S.-Mexico border that allowed him to smuggle drugs more quickly than any of his rivals. He amassed power during the 1990s and 2000s through often bloody wars with rivals, eventually becoming the best-known leader of the Sinaloa Cartel.

His 11-week trial, which featured testimony from more than a dozen former associates of Guzman who had made deals to cooperate with prosecutors, offered the public an unprecedented look at the cartel’s inner workings.

‘EL CHAPO’ ASSOCIATE: ‘I SINNED’

Andrea Velez, a former associate of Guzman, said Guzman had paid the Hell’s Angels motorcycle gang $1 million to have her killed, and that she had escaped with the help of U.S. authorities.

“I confess that I sinned, but I paid a high price for my faults,” Velez said of her work with the cartel.

The witnesses, who included some of Guzman’s top lieutenants, a communications engineer and a onetime mistress, described how he built a sophisticated organization reminiscent of a multinational corporation.

He sent drugs northward with fleets of planes and boats, and had detailed accounting ledgers and an encrypted electronic communication system run through secret computer servers in Canada, witnesses said.

U.S. prosecutors have claimed that Guzman sold more than $12 billion worth of drugs, and Forbes magazine once listed him as among the world’s richest men.

Though other top cartel figures had been extradited to the United States before, Guzman was the first to go to trial rather than pleading guilty.

Guzman often lived on the run. Imprisoned in Mexico in 1993, he escaped in 2001 hidden in a laundry cart and spent the following years moving from one hideout to another in the mountains of Sinaloa, guarded by a private army.

He was seized again in 2014 but pulled off his best-known escape the following year when he disappeared into a ventilated, mile-long (1.6-km) tunnel dug into his cell in a maximum-security prison.

He was finally recaptured in January 2016. The Mexican government says he blew his cover through a series of slipups, including an attempt to make a movie about his life.

Guzman’s lawyers have said they intend to appeal his guilty verdict. They have already asked Cogan to overturn it, citing a report that jurors disobeyed court rules by reading news reports about the case during the trial, but the judge rejected that request.

Despite Guzman’s downfall, the Sinaloa Cartel had the biggest U.S. distribution presence of Mexican cartels as of last year, followed by the fast-growing Jalisco New Generation Cartel, according to the U.S. Drug Enforcement Administration.

(Reporting by Brendan Pierson and Jonathan Stempel in New York; editing by Scott Malone and Jonathan Oatis)

Trump doubles down on Obamacare fight, asks court to overturn law

FILE PHOTO - A sign on an insurance store advertises Obamacare in San Ysidro, San Diego, California, U.S., October 26, 2017. REUTERS/Mike Blake

(Reuters) – U.S. President Donald Trump’s administration has stepped up its attack on the Obamacare health care law, telling a federal appeals court it agrees with a Texas judge’s ruling that the law is unconstitutional and should be struck down.

The Justice Department in a two-sentence letter to the Court of Appeals for the Fifth Circuit filed on Monday said it backed the December ruling by U.S. District Judge Reed O’Connor in Fort Worth that found the Affordable Care Act violated the U.S. Constitution because it required people to buy health insurance.

O’Connor ruled on a lawsuit brought by a coalition of 20 Republican-led states including Texas, Alabama and Florida, that said a Trump-backed change to the U.S. tax code made the law unconstitutional.

The 2010 law, seen as the signature domestic achievement of Trump’s Democratic predecessor, Barack Obama, has been a flash point of American politics since it passed, with Republicans including Trump repeatedly attempting to overturn it.

Democrats made defending the law a powerful messaging tool in the run-up to the November elections when polls showed that eight in 10 Americans wanted to defend the law’s most popular benefits including protections for insurance coverage for people with preexisting conditions. The strategy paid off and Democrats won a broad 38-seat majority in the U.S. House of Representatives.

“The Department of Justice has determined that the district court’s judgment should be affirmed,” Assistant U.S. Attorney General Joseph Hunt and other federal officials wrote in the Monday letter. They said they would file a more extensive legal briefing later.

Obamacare survived a 2012 legal challenge at the Supreme Court when a majority of justices ruled the individual mandate aspect of the program was a tax that Congress had the authority to impose.

In December, O’Connor ruled that after Trump signed a $1.5 trillion tax bill passed by Congress last year that eliminated the penalties, the individual mandate could no longer be considered constitutional.

A group of 17 mostly Democratic-led states including California and New York on Monday argued that the law was constitutional.

“The individual plaintiffs do not have standing to challenge the resulting law because they suffer no legal harm from the existence of a provision that offers them a lawful choice between buying insurance or doing nothing,” they wrote in court papers.

About 11.8 million consumers nationwide enrolled in 2018 Obamacare exchange plans, according to the U.S. government’s Centers for Medicare and Medicaid Services.

About 11.8 million consumers nationwide enrolled in 2018 Obamacare exchange plans, according to the U.S. government’s Centers for Medicare and Medicaid Services.

(Reporting by Scott Malone in Boston; Editing by Bill Trott)