#2023 u.s. supreme court cases

[vaguely-problematic]

a u.s. supreme court case for 2023 may change the internet. legal eagle (above video) explains.

Gonzalez v. Google LLC is about whether youtube can be held liable for the content that its algorithm recommends to viewers. it involves a terrorist attack by isis and the fact that youtube was recommending isis videos to its users.

[reasonandempathy]

Walz has served as Minnesota’s governor since 2019 after 12 years in the House of Representatives and now chairs the Democratic Governors Association. He has built a reputation as a folksy politician who can get things done, as Minnesota has adopted a number of progressive laws during his tenure. According to a poll conducted earlier this year, Walz enjoys an approval rating of 55% among Minnesotans. Since Minnesota Democrats achieved a legislative trifecta in the 2022 elections, Walz and his allies have used their power to push a slate of progressive policies. The governor has signed bills protecting abortion access, expanding background checks for prospective gun owners and legalizing recreational marijuana. “Right now, Minnesota is showing the country you don’t win elections to bank political capital,” Walz said last year. “You win elections to burn political capital and improve lives.” That philosophy has endeared him to progressives, who threw their support behind him as the veepstakes kicked into high gear over the past two weeks. They reshared clips of Walz lovingly mocking his daughter’s vegetarianism and tinkering with his car to paint him as the dad that America needs right now.

This is fucking awesome! Honestly, sincerely good news and a very promising pick for the potential Harris Administration. An aggressive, unabashed, popular, populist left-winger with a track record of enacting real, substantive help for people is capital-G Great.

What has he done, specifically?

Abortion rights

In a 1995 ruling, the Minnesota Supreme Court upheld abortion rights in Minnesota. In January 2023, Walz signed the PRO Act (Protect Reproductive Options Act) into law, making abortion a "fundamental right," as well as access to contraception, fertility treatments, sterilization and other reproductive health care.

The law made Minnesota the first state to codify abortion rights in the aftermath of the U.S. Supreme Court's 2022 ruling in the case of Dobbs v. Jackson Women's Health Organization, which nullified Roe. v. Wade after nearly 50 years of precedent. In April 2023, Walz signed the Reproductive Freedom Defense Act into law, shielding women and providers from any legal action originating from the patient's state.

Pro-LGBTQIA+ legislation

In March 2023, Walz signed an executive order to protect the right of residents to have access to gender-affirming health care. Weeks later, he signed the "Trans Refuge" bill, banning the enforcement of arrest warrants, extradition requests and out-of-state subpoenas for those who traveled to Minnesota for care.

"When someone else is given basic rights, others don't lose theirs," Walz said. "We aren't cutting a pie here. We're giving basic rights to every single Minnesotan."

Paid family, medical and sick leave

In May 2023, Walz signed a law creating a state-run program to provide paid family and medical leave for Minnesota workers, funded by a 0.7% payroll tax on employers, by 2026.

Legalization of recreational marijuana

In May 2023, Minnesota became the 23rd state in the nation to legalize recreational cannabis use. Three months later, people 21 and older could start to possess certain amounts of marijuana at home and on their person, in addition to legally growing up to eight plants at a time.

Restoration of voting rights for former felons

In March 2023, Walz signed a bill that restored the right to vote to more than 50,000 convicted felons who had already served their time.

Universal school meals

Amid the increase in food insecurity for many Minnesotans during the pandemic, and the subsequent strain on the state's food shelves that remains to this day, Walz signed a bill in March 2023 that ensures all K-12 students in the state have access to free breakfast and lunch on school days.

Do you know what makes this even better?

Fuck 'Em. I know negative partisanship is important and can help motivate right-wingers to vote, but they're going to vote anyway. And him being afraid of Walz is just a sign that he's a good pick, in policy and politics.

[justinspoliticalcorner]

Aslı Aydıntaşbaş for Politico Magazine:

American democracy is about to undergo a serious stress test. I know how it feels, in part because I lived through the slow and steady march of state capture as a journalist working in Recep Tayyip Erdoğan’s Turkey. Over a decade as a high-profile journalist, I covered Turkey’s descent into illiberalism, having to engage in the daily push and pull with the government. I know how self-censorship starts in small ways but then creeps into operations on a daily basis. I am familiar with the rhythms of the battle to reshape the media, state institutions and the judiciary. Having lived through it, and having gathered some lessons in hindsight, I believe that there are strategies that can help Democrats and Trump critics not only survive the coming four years, but come out stronger. Here are six of them.

1. Don’t Panic — Autocracy Takes Time

President-elect Donald Trump’s return to power is unnerving but, as I have argued previously, America will not turn into a dictatorship overnight — or in four years. Even the most determined strongmen face internal hurdles, from the bureaucracy to the media and the courts. It took Erdoğan well over a decade to fully consolidate his power. Hungary’s Viktor Orbán and Poland’s Law and Justice Party needed years to erode democratic norms and fortify their grip on state institutions.

I am not suggesting that the United States is immune to these patterns, but it’s important to remember that its decentralized system of governance — the network of state and local governments — offers enormous resilience. Federal judges serve lifetime appointments, states and governors have specific powers separate from those granted federally, there are local legislatures, and the media has the First Amendment as a shield, reinforced by over a century of legal precedents. Sure, there are dangers, including by a Supreme Court that might grant great deference to the president. But in the end, Donald Trump really only has two years to try to execute state capture. Legal battles, congressional pushback, market forces, midterm elections in 2026 and internal Republican dissent will slow him down and restrain him. The bottom line is that the U.S. is too decentralized in its governance system for a complete takeover. The Orbánization of America is not an imminent threat.

2. Don’t Disengage — Stay Connected

[...]

Nothing is more meaningful than being part of a struggle for democracy. That’s why millions of Turks turned out to the polls and gave the opposition a historic victory in local governments across Turkey earlier this year. That’s how the Poles organized a winning coalition to vote out the conservative Law and Justice Party last year. It can happen here, too. The answer to political defeat is not to disconnect, but to organize. You can take a couple of days or weeks off, commiserate with friends and mute Elon Musk on X — or erase the app altogether. But in the end, the best way to develop emotional resilience is greater engagement.

[...]

4. Charismatic Leadership Is a Non-Negotiable

One lesson from Turkey and Hungary is clear: You will lose if you don’t find a captivating leader, as was the case in 2023 general elections in Turkey and in 2022 in Hungary. Coalition-building or economic messaging is necessary and good. But it is not enough. You need charisma to mobilize social dissent. [...]

Last year’s elections in Poland and Turkey showcased how populist incumbents can be defeated (or not defeated, as in general elections in Turkey in 2023) depending on the opposition’s ability to unite around compelling candidates who resonate with voters. Voters seek authenticity and a connection — give it to them.

5. Skip the Protests and Identity Politics

Soon, Trump opponents will shake off the doldrums and start organizing an opposition campaign. But how they do it matters. For the longest time in Turkey, the opposition made the mistake of relying too much on holding street demonstrations and promoting secularism, Turkey’s version of identity politics, which speaks to the urban professional and middle class but not beyond. [...]

6. Have Hope

Nothing lasts forever and the U.S. is not the only part of the world that faces threats to democracy — and Americans are no different than the French, the Turks or Hungarians when it comes to the appeal of the far right. But in a country with a strong, decentralized system of government and with a long-standing tradition of free speech, the rule of law should be far more resilient than anywhere in the world. Trump’s return to power certainly poses challenges to U.S. democracy. But he will make mistakes and overplay his hand — at home and abroad. America will survive the next four years if Democrats pick themselves up and start learning from the successes of opponents of autocracy across the globe.

Aslı Aydıntaşbaş, who had first-hand experience with Recep Tayyip Erdoğan’s authoritarianism in her native Turkey as a journalist, wrote in Politico Magazine on how to effectively fight Donald Trump’s authoritarian impulses.

[fatehbaz]

Some updates from the past twelve-ish months:

-- Late 2022: Portland and its mayor (Wheeler) started a major push to ban "street camping". Headlines in major media outlets also described "Portland's first sanctioned mass homeless camp" and how "Portland moves forward with $27 million plan to build mass shelters". In December 2022, Portland-area authorities used the so-called "aggressive landscaping" tactic, installing hundreds of hostile architecture boulders to prevent sitting/sleeping. Also in December, homeless advocates and Disability Rights Washington advocates attempted to halt Spokane's (Washington) clearing of a major camp for hundreds of people, and a federal judge sided with advocates to put a temporary restraining order on the sweep.

-- January 2023: Even in the immediate aftermath of historic cold as far south as Miami and Monterrey, sub-freezing temperatures across the Deep South, and sub-zero-Fahrenheit blizzards sweeping North America for a week or longer around Solstice/Christmas 2022, convenience stores "in Texas, California, New York use classical music to shoo homeless".

-- By March 2023: "Portland Mayor Wheeler unveils first location for city-run homeless camp".

-- April 2023: San Francisco and Mayor Breed announce a major "five-year plan" costing over 600 million dollars "to cut the number of unsheltered homeless in half". (Not a plan to put people in homes or find stable housing, but just to technically put them under the roof of shelter, keeping them out of sight, therefore qualifying them for the strange designation of "the sheltered homeless".) At the same time, San Francisco opened a "long-term homeless shelter on Treasure Island", pushing homeless people onto an isolated island mostly composed of concrete and asphalt.

-- Summer 2023: In May, the city of Phoenix (Arizona) began its project to clear and eliminate its largest homeless camp, known as the Zone, a refuge for hundreds of people. During the record-breaking heat of the summer of 2023, Phoenix cleared the camp systematically, block by block. At the beginning of September 2023, as "Phoenix breaks heat record as city hits 110F [110 degrees Fahrenheit] for the 54th consecutive day", the city cleared the block of the camp where most seniors and the elderly lived.

-- January 2024: About one week ahead of winter holidays (Solstice/Christmas), the City of Edmonton pursued plans to sweep 130 homeless encampments as part of what has been described as a "shocking" eviction plan. In January, the city was clearing camps amidst sustained deadly severe weather, during a polar vortex event with temperatures of negative 50 degrees Fahrenheit and daytime highs of negative 25F. When a court case presented by Coalition for Justice and Human Rights tried to slow the sweeps, a judge sided with them and shut down the evictions.

-- March 2024: Florida's governor signs a new law. NPR describes: "law that seeks to move unhoused people off public property altogether and into government-run encampments".

-- April 2024: The U.S. Supreme Court begins hearing a case from Grants Pass (Oregon) with major implications and potential to incite nationwide "banishment race" and "homelessness crackdown". Lower courts have previously said that city policies (like Grants Pass, Boise, and others) were "cruel and unusual" for fining and/or jailing people for sleeping on public land if no adequate accessible shelter is available. But now?

[reasonsforhope]

do you have any good queer news? I'm a queer person and hearing all the shit thats happening across the world is making me bummed out

I do! All of this is from LGBTQ Nation's excellent good news tag

^Article date: July 6, 2023

"Only two months after its formation, the “No SB 180” initiative had succeeded at making the city of Lawrence, Kansas a sanctuary city for LGBTQ+ people. Last week, in a unanimous vote, Lawrence became the first city in the state to declare itself as such.

Ordinance 9999 bans the city and all of its employees from collecting or releasing information on a person’s “biological sex, either male or female, at birth” and from helping with any investigation, detention, arrest, or surveillance “conducted by a jurisdiction with the authority to enforce Senate Bill 180, as enacted.”"

^Article date: July 28, 2023

"A federal judge has told a group of anti-trans parents to mind their own business after the group filed a lawsuit challenging an Ohio school district’s bathroom policy.

The attempts to meddle do not “pass legal muster,” he wrote in his ruling, saying that the group has no reason to sue.

“Not every contentious debate concerning matters of public importance presents a cognizable federal lawsuit,” Judge Michael Newman wrote, denying their petition to stop the Bethel Local School District’s policy that allows a single transgender middle school student to use the restroom that aligns with her gender identity."

^Article date: August 8, 2023

"The U.S. Agency for International Development (USAID), the independent federal agency responsible for administering civilian foreign aid and development assistance, has released its first-ever “LGBTQI+-inclusive” policy since its founding in 1961.

The four-point policy is meant to serve as a blueprint for USAID staff and partners around the world to champion LGBTQ+ and intersex development and the human rights of all queer people through the agency’s work, said Jay Gilliam, USAID’s senior LGBTQI+ coordinator, in a video explaining the policy...

In simpler terms, the U.S. will try to improve diplomatic relationships with other countries by investing in locally-led LGBTQ+-inclusive programs that are shown to positively impact communities in need."

^Article date: August 3, 2023

The U.S. Court of Appeals for the Seventh Circuit has ruled in favor of three transgender students who were forbidden by their schools from using bathrooms matching their gender identities. The circuit court upheld a lower court’s preliminary injunction that said the schools have to let trans students use facilities associated with their genders...

The case involves three trans boys in Martinsville, Indiana and Terre Haute, Indiana, who need access to the boys’ room at their middle and high schools...

The court took into account the fact that Title IX bans discrimination on the basis of sex in schools that receive federal money, which is most of them. Citing the 2020 Supreme Court decision in Bostock v. Clayton Co. that found that job discrimination against LGBTQ+ people necessarily takes sex into account and is therefore prohibited under Title VII, the appeals court ruled that the trans boys are likely to succeed in their case and that preventing them from using the correct bathroom while the case works its way through the court system could cause irreparable harm.

^Article date: August 2, 2023

^Article date: June 21, 2023

"A federal judge has ruled on the side of trans rights after a conservative group tried to overturn an Ohio school district’s anti-bullying policy.

The national conservative group Parents Defending Education (PDE) tried to get a preliminary injunction passed on the Olentangy Local School District’s prohibition on misgendering trans students. The policy includes students, teachers, and parents and it applies to out-of-school hours and social media as well."

^Article date: August 2, 2023

There's literally a bunch more I wanted to include, by the way! Tumblr just stopped being able to load them. Going back to add a few more in the reblogs now.

I know it feels like everything is against us right now. But I promise you: that is not true. The bigots and bastards may usually be the ones moving faster (in large part because they suck and don't care about democracy or due process at all),

But in the end, we are going to win. I promise.

[patriottruth]

This is an hourly reminder that on March 4th, 2024, the Supreme Court of the United States ordered donald j. trump to have 87 Democrats in both houses of Congress remove his insurrectionist disqualification from ever holding any federal office again. He failed to do so prior to November 5, 2024.

What that means is that between now and December 17th, 2024, donald j. trump has no choice but to go to Congress and have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification, as he was ordered to do by SCOTUS on March 4th, 2024, or he's not legally the President Elect and cannot be inaugurated, sworn in, or hold federal office again on January 20, 2025. The clock is ticking!

Here's an evening update on why this will work. donald trump's legal tactics are deny, attempt to wiggle out of it on technicalities, and delay, delay, delay. Well, from November 2023 to March 4, 2024, donald trump not only said that he was never an officer of the United States, but that he also never swore an oath to support the United States Constitution. And then he said that Section 3 of the 14th Amendment says nothing about running for office, only holding office, and since he's only running for office, nothing can keep him off the ballot. And that's where this has finally caught up to him.

SCOTUS illegally took the case to begin with. SCOTUS was required to kick the case back to Congress immediately to force a two-thirds of both houses vote to remove donald trump's insurrectionist disqualification. But they illegally denied Congress the ability to vote on it at the time, illegally legislated from the bench to keep donald trump on the ballot by illegally amending Section 3 of the 14th Amendment of the United States Constitution, and dismissed the clear two-thirds vote requirement to replace it with "Congress must pass new legislation and amend Section 3 of the 14th Amendment in order to keep insurrectionists off of the ballot and out of office in the future. All six MAGA SCOTUS injustices can now be immediately and permanently disbarred from ever judging or practicing law anywhere in the United States now and in the future for that illegal legislating from the bench; because the U.S. Constitution clearly says that the Judiciary can never interfere with Congress legislating, or with the President enforcing the laws of the United States.

donald trump and his allies figured that was a win, that SCOTUS couldn't be challenged, that the Democrats could never get legislation passed to keep him off the ballot or from holding office again, and the matter was dropped. But that's where he was wrong; because Section 3 of the 14th Amendment still reads, and only legally reads, that the only way an insurrectionist can hold federal office again is by a two-thirds vote in both the House of Representatives and the Senate; and that means that now that donald trump can't try and use the technicality of "I'm not even trying to hold office, I'm just running for office," and he's actively trying to hold office with no technicality wiggle room, donald trump's only path to the White House is to have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification by December 17th, 2017; and his favorite tactic of delay, delay, delay won't work because delaying means he can't be inaugurated, sworn in, and serve as the 47th President of the United States; and that means Kamala Harris would become 47th President of the United States by default.

If anyone is interested in fighting another trump presidency, contact every Democrat representative in the House of Representatives and the Senate and remind them that donald j. trump cannot be inaugurated, sworn in, and be the 47th President of the United States on January 20, 2025 unless 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification before December 17, 2024. Many of them have online contact forms. You may have to enter an address near their local office in their district for the contact form to go through, but I know they're going to want to be reminded of this by as many people as possible in order to save humanity and American democracy from donald trump. Plus, Kamala Harris can be contacted via the White House Vice President contact form; and as a presidential candidate and the President of the Senate, she and President Biden can do a lot to enforce donald trump having to have his insurrectionist disqualification removed by a two-thirds vote of the House of Representatives and the Senate before December 17, 2024.

Rachel Maddow: Why was donald trump's campaign telling his supporters not to vote, they don't need any votes, and to skip the polls?

[wachinyeya]

—

“the U.S. Supreme Court rejected the State of Alaska’s bid to fast-track the legal process, overrule the Environmental Protection Agency (EPA), and gain approval for the Pebble Mine — slated to extract enormous amounts of copper, gold, and molybdenum from the pristine and sensitive ecosystem known as Bristol Bay.

A diverse coalition led by Alaska Natives has consistently fought against the proposed mine for more than two decades. It eventually gained support from the EPA, which ultimately blocked the mine proposal in January 2023 over concerns it would threaten an aquatic ecosystem supporting the world’s most prolific sockeye salmon fishery.

This decision is significant, particularly considering the current High Court’s tendency to support states’ rights, limits on regulation — especially of the environmental variety — and corporate concerns. Alaska’s request, filed in June, was unusual in that it sought to skip lower appeals courts to challenge the EPA’s decision on the basis that it violated Alaska’s state sovereignty.

Under the law, alleged violations of state sovereignty are one of the few categories of cases that grant the Supreme Court original jurisdiction — meaning a state can bypass the usual state/federal court appeals process and file straight with the High Court. The justices could easily have decided to hear the case and decide in favor of the mining company, which has shown no qualms about engaging in some shady business practices over the years.

As the single most productive sockeye salmon fishery in the world, Bristol Bay contains biodiversity and abundant wild fish populations which present a stark contrast to many other fisheries in the Pacific Northwest (and worldwide). Most have experienced severe depletion over the last few decades. Sockeye salmon — like all Pacific Salmon — are a keystone species, vital to the health of an entire ecosystem. Of course, salmon also provide a sacred food source for Indigenous communities up and down the West Coast.”

-from the Lakota People’s Law Project

[mariacallous]

Driven by hardline prosecutors and tough-on-crime governors, the number of executions jumped 64 percent in 2022 and increased again in 2023 to a total of 24, the highest in five years.

Perhaps the most crucial player in the death penalty’s resurrection, though, is the U.S. Supreme Court, whose historic role of maintaining guardrails has given way to removing roadblocks. Under the conservative supermajority put in place by President Donald Trump, the justices are far more likely to propel an execution forward than intercede to stop it, including in cases where guilt is in doubt or where the means of carrying it out could result in a grotesque spectacle of pain and suffering.

...

In 1976, the Supreme Court famously declared that “death is different,” and demanded an extra level of scrutiny because a mistake is irreversible. Historically, in particularly troubling instances involving state misconduct or abysmal defense lawyering, the Court sometimes intervened at the eleventh hour — from 2013 to 2023, it stayed an execution just 11 times and vacated stays of execution 18 times, according to Bloomberg Law.

Since the death of Justice Ruth Bader Ginsburg and her replacement with Amy Coney Barrett in 2020, the Court has stopped an execution only twice and reversed a lower court to permit an execution nine times. In 2023, 26 condemned prisoners asked the Court to hear their cases; 25 were rejected. The message is clear: Prosecutors eager to seek and swiftly impose death sentences can reliably do so without judicial interference.

...

In Bucklew v. Precythe, a majority of the court opined that the Eighth Amendment’s prohibition against cruel and unusual punishment “does not guarantee a prisoner a painless death — something that, of course, isn’t guaranteed to many people, including most victims of capital crimes.” In the court’s reasoning, the excruciating pain the defendant might suffer during execution paled in comparison with the terror and mayhem he inflicted during his crimes.

In that same opinion, the Court indicated an impatience with pausing executions while it considered whether to hear the underlying claims from appellate attorneys. Justice Neil Gorsuch warned his colleagues to be skeptical when reading eleventh hour death row appeals: “Last minute stays should be the extreme exception, not the norm.”

It has been. Consider the 13 federal prisoners who were sent to the death chamber in the final months of Trump’s presidency. In a series of terse orders, issued without briefing, argument or public airing of the legal issues, the court blessed the rushed, furious pace. Using this opaque process, which legal scholars call the “shadow docket,” the justices erased lower-court injunctions against executions in seven cases and turned away last-minute requests for stays in the other six. During the 16 years in which Barack Obama and George W. Bush occupied the White House, the Court had invoked the shadow docket to rule for the government a total of four times and “never in a death penalty case,” according to Stephen Vladeck, a professor at the University of Texas School of Law. In Trump’s single term in office, the number jumped to 28, including non-capital cases.

More recently, the Court has rejected cases that advocates say are riddled with error or rest on shaky evidence.

...

Death penalty cases are notoriously rife with racism, questions of innocence, mental health of the accused and whether they received competent legal counsel. Sometimes the facts are too dire for courts to ignore, and even some pro-death penalty politicians are unwilling to take actions in flagrant violation of established norms. The total number of executions over the past decade is still a fraction of its peak in the 1990s.

And yet, the death penalty machine continues to crank on. These days, the battles over who lives and who dies are increasingly local — waged courtroom by courtroom because the Supreme Court has largely abdicated its decades long role as the final arbiter.

“It is becoming more and more clear that the Court is reluctant to interfere in state court cases even to enforce its own precedent,” said Robin Maher, the executive director of the Death Penalty Information Center. “They are saying, ‘This is not our problem to deal with.’”

An ‘Execute-Them-At-Any-Cost Mentality’: The Supreme Court’s New, Bloodthirsty Era

[leohtttbriar]

As Colorado leaders prepared to roll out universal preschool in the fall of 2023, they invited public and private preschools across the state to join the program. Among them were St. Mary Catholic Virtue School in Littleton and Wellspring Catholic Academy of St. Bernadette in Lakewood, the two schools now at the center of the lawsuit. The “mixed delivery” approach — meaning both public and private schools can participate — helped ensure there were enough seats for all of the Colorado families that wanted one. This year, about 41,000 4-year-olds are getting tuition-free preschool through the program. But the Archdiocese of Denver wouldn’t let most of the 36 preschools it oversees sign off on the state’s non-discrimination agreement, a requirement to participate. The sticking point was the agreement’s protections for people based on sexual orientation and gender identity. Officials from St. Mary’s and other religious preschools raised their concerns during meetings with state preschool leaders before the program launched. That’s when state leaders mentioned an idea they’d come up with to allow religious preschools that joined universal preschool to reserve some or all of their seats for members of their congregations, according to testimony from the trial. But the Catholic preschools instead wanted the state to exempt them from the parts of the non-discrimination rule covering sexual orientation and gender identity. State officials refused, saying those protections were part of state law. “In a sense, church leaders want to have their cake and eat it too,” said Bob Shine, associate director of New Ways Ministry, a Catholic group based near Washington, D.C., that advocates for LGBTQ inclusion. “They want public funding because in most cases the church cannot sustain a lot of its educational or charitable efforts now, so they need the government money, but they don’t want any of the conditions that come with (it).”

[profeminist]

"New Jersey Gov. Phil Murphy on Wednesday said he would consider defying the Supreme Court and continue to provide mifepristone if the court rules in favor of a ban on the abortion pill. 

When asked if the state would prescribe mifepristone after such a ruling, Murphy told MSNBC: “To be determined.”

“When I say everything is on the table, Katy, I mean that. This action generally, whether it’s mifepristone, or whether it’s North Carolina or South Carolina, or Florida at six weeks,” he said in an interview with MSNBC’s Katy Tur, also referring to other abortion restrictions on the state level. 

“This is going to cost peoples’ lives. It’s going to cost them health, it’s also going to cost peoples’ lives, women in particular sadly. That’s what’s at stake, we’ll do whatever it takes to save lives,” said Murphy, a Democrat." 

Read the full piece here: https://www.cnbc.com/2023/05/17/nj-governor-supreme-court-mifepristone-ban.html

THAT'S WHAT I'M TALKING ABOUT!!!

U.S. readers, register to vote here

[vote-democrat-president-congress]

Erin Brockovich: What’s at Stake in November

July 30, 2024

By Erin Brockovich

Ms. Brockovich is an environmental activist.

Every day, I get emails from people asking for help. They think I’m a lawyer. I’m not. They want to know what caused their cancer or why their farm has tested high for chemicals they’ve never heard of. They want someone to fight for them.

The recent Supreme Court decision overturning the 40-year-old Chevron precedent, which allowed federal agencies to interpret the laws they oversee, should wake us up to how truly alone we are when it comes to environmental health protections. If Donald Trump wins in November, things could go from bad to worse. Progress to protect Americans from dangerous chemicals could reach a standstill.

I could list dozens, if not thousands, of contaminants we come in contact with, some regulated by federal and state agencies, and others not. I’ll focus on per- and polyfluoroalkyl substances, or PFAS, a class of thousands of synthetic chemicals that are finally being recognized for the damage they cause.

PFAS are known as “forever chemicals” because they persist in the environment and in human bodies for decades. These chemicals have been used to make common items from textiles to adhesives to food packaging to firefighting foams to nonstick cookware.

The health problems associated with exposure to PFAS include fertility issues, developmental delays in children and increased risk of certain cancers and of obesity, according to the Environmental Protection Agency. Scientists have detected PFAS chemicals in the blood of almost all Americans.

Sign up for the Opinion Today newsletter Get expert analysis of the news and a guide to the big ideas shaping the world every weekday morning. Get it sent to your inbox. What’s frustrating is that we’ve known for decades which industries use these chemicals, and we’ve known they are accumulating in the environment. But companies and our regulators delayed action.

Take just one example. From the 1950s through the 1970s, 3M dumped its PFAS waste into pits around Minnesota’s eastern Twin Cities metro area. That led to a more than 150-square-mile plume of contaminated groundwater. Subsequent testing revealed that by 2004, more than 140,000 Minnesotans had tainted drinking water. Years later, a young woman named Amara Strande grew up near the plume.

In 2023, Ms. Strande testified in front of Minnesota lawmakers in support of legislation that would restrict PFAS, which she believed caused her rare form of liver cancer. She died weeks before legislation known as Amara’s Law banned the use of PFAS in Minnesota. She was 20 years old. There are more cases like hers.

The number of U.S. communities reportedly contaminated with PFAS compounds continues to grow. Last year, one or more types of PFAS were detected in almost half of the nation’s tap water.

People like to talk about the risks of federal oversight and regulations. But without those basic guardrails in place, large companies get to do whatever they want, and hard-working Americans get sick.

Some much needed action was taken on PFAS at the national level recently. In April, the E.P.A. mandated that municipal water systems remove six PFAS chemicals from tap water. Such efforts are now at risk.

Under the Supreme Court’s recent Chevron ruling, federal judges get the final say on how laws including the Clean Water Act and the Safe Drinking Water Act should be applied. This weakens the ability of regulatory agencies to do their jobs protecting the public’s health from problems such as PFAS. Future pollution cases could meander through the federal court system for years while drinking water remains contaminated.

Companies will take advantage of this ruling. Water utility and chemical manufacturing companies have filed challenges with the E.P.A., calling the rule “arbitrary, capricious, and an abuse of discretion.”

Now imagine you take these kneecapped regulations and pair them with a second Trump presidency. President Trump rolled back decades of clean-water protections and dozens of environmental rules. The E.P.A. is still reeling from the exodus of more than 1,200 scientists and policy experts during his administration. One of his political appointees meddled with a PFAS assessment, weakening the toxicity value of a chemical.

The E.P.A. already had its problems, but the agency fared even worse under Mr. Trump. He repeatedly tried to slash the E.P.A.’s budget and many staff members fled, meaning fewer inspectors, fewer resources to study the impact of toxins and more companies contravening environmental regulations.

I recently reviewed Project 2025, a playbook for the first 180 days of the potential next Trump administration. (Mr. Trump says he doesn’t support the project, though many of his former White House employees are involved.) In the E.P.A. chapter, PFAS are mentioned twice. Project 2025 says the administration should revise groundwater cleanup regulations and policies to reflect the challenges of contaminants such as PFAS, which seems fair. But then it also says the administration should revisit the E.P.A. designation of PFAS chemicals as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. That seems contradictory and ill advised. The designation helps make available CERCLA’s enforcement tools and cost recovery, ensuring that the polluters, not taxpayers, fund or conduct investigations and cleanup.

I’m not giving Democratic administrations a pass. We need more accountability for the environmental ills that have passed under their watch. These include the water crisis in Flint, Mich., and Jackson, Miss. The state and federal responses to the toxic train derailment in East Palestine, Ohio, left much to be desired. We must expect more from those we put in office; our lives depend on it.

The E.P.A. used to have bipartisan support. The Reagan administration changed that when President Ronald Reagan appointed a corporation-friendly E.P.A. administrator who railed against government regulation.

Rules are effective only if they can be enforced. State and federal agencies have done a poor job of building meaningful enforcement into the well-intentioned regulations that have been enacted, and they must do better. Americans’ health is at risk.

https://www.nytimes.com/2024/07/30/opinion/erin-brockovich-pfas.html

[offender42085]

Post 1149

Devin Warren Sizemore, Oklahoma inmate 828303, born 1994, incarceration intake December 2018 at age 24, sentenced to life

Also, Federal inmate 40600-509, scheduled for released from federal obligation in November 2031

Murder, Assault and Battery on LEO, Introduction of Weapon/Drugs/Alcohol into Correctional Facility, Possession of Stolen Property

In April 2023, an Oklahoma man was convicted for the second time of killing his toddler daughter, this time following a federal trial that was held after his state conviction was vacated in the wake of a landmark U.S. Supreme Court decision regarding the adjudication of crimes that take place on native tribal lands.

According to court documents, the defendant, Devin Warren Sizemore claimed that he had baptized his 21-month-old daughter Emily Sizemore, but something went wrong. Federal authorities, however, said that he had taken the child for a visit and did not return her to the girl’s mother, Sizemore’s ex-girlfriend.

Officials detailed a fractured family situation. According to a February 2017 report from the Oklahoma Commission on Children and Youth on little Emily’s death, defendant Sizemore had previously been charged with abusing the child’s mother.

“Reportedly the incident occurred in front of Emily Sizemore and the mother had an injury to her head,” the report said. “The OKDHS determined the child to be safe with her mother and substantiated the allegation of Neglect-Exposure to Domestic Violence against the father. The father was arrested for Domestic Violence. The OKDHS recommended the mother obtain a protective order and she declined a Sooner Start [infant and toddler development program] referral.”

Charged in a domestic violence case, Sizemore faced a no-contact order regarding his ex and had been out on bail when he killed Emily in July 2016, authorities said.

According to the federal criminal complaint, Sizemore took Emily from his mother’s home in Krebs, Oklahoma, on July 12, 2016. His mother said that he had “blown up” and took the child, authorities said. She saw him again the next day pushing a stroller with his daughter inside. She tried talking with him, but he said nothing and he continued walking.

On July 14, 2016, Sizemore went the home of Emily’s mother. The woman’s sister spoke with him, according to the complaint.

“Sizemore stated God has brought the storm, God sent him to tell everyone the world was ending and everyone needed to get right with God,” authorities said. “Sizemore stated he had a shield over him and he was God. [The sister] asked Sizemore where Emily was and Sizemore replied Emily was with God.”

Defendant Sizemore’s mother reported Emily and Sizemore as missing to Krebs police. Law enforcement started searching, and when officials found Sizemore, he apparently fled on foot — jumping into a nearby pond and refusing commands to get out.

As officers entered the body of water, they found Emily floating face down.

“As officers moved to render aid to Emily, Sizemore physically fought with officers in the water,” the complaint says. Cops arrested Sizemore. Emily was later pronounced dead, and a medical examiner determined that the toddler had drowned to death.

The next day, Sizemore, after having been given his Miranda warnings, allegedly told an agent of the Oklahoma State Bureau of Investigation that he took Emily several days before her death, walking around Krebs with her and sleeping in a barn.

According to law enforcement, Sizemore had attempted to perform what he described as a religious ritual on the baby.

“Sizemore put Emily under the water to baptize her for approximately 30 seconds, but something went wrong,” cops said. “Sizemore performed CPR on Emily and revived her. After Emily was revived, Sizemore felt something telling him to get a horse from the barn. Sizemore blacked out and when he woke up the police were attacking him.”

Sizemore was convicted in state court in 2018 of murder and other charges, but that conviction was vacated on April 1, 2021, in the aftermath of the 2020 U.S. Supreme Court case McGirt v. Oklahoma. In that case, the Supreme Court found that federal courts had jurisdiction over certain types of major crimes committed by enrolled members of an Indian tribe that took place on that tribe’s land.

An appellate court in Oklahoma in 2021 upheld a lower court ruling that Sizemore’s case should be tried in federal court, not state, because he was an enrolled member of the Choctaw Nation and the crimes happened on the historic boundaries of the Choctaw Reservation.

Federal prosecutors filed a complaint against Sizemore on April 19, 2021, and Sizemore was tried again.

He also was convicted again, this time of voluntary manslaughter and child abuse resulting in death in Indian Country. The federal jurors acquitted Sizemore, however, of murder in Indian Country, second-degree murder in Indian County, and assault resulting in serious bodily injury in Indian Country. Prosecutors dropped a charge of assault and battery on a police officer in Indian Country.

4j

[thearoacefromspace]

some people on TikTok wanted to read my open letter essay I wrote my junior year in 2023 about separation between church and state so here it is <33

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Dear United States government, I'm not normally one to impose on other people's lives, as long as they aren't affecting me or other people, I generally don't care what you do. Unfortunately though, this does affect me. Actually, it affects every single citizen in our country, the future of our country, and I refuse to let the burden of our problems be shoved onto the future generations. So here I am, defending the separation of church and state, not only because you have failed at protecting our rights, but also failed yourselves as members of the government who are supposed to follow our laws and amendments. In simple terms, separation of church and state means that the government must keep themselves from influencing religion and religion from influencing government to the greatest extent possible. Even the first amendment states that the country shall have no official religion. Unfortunately, the country has not only failed at having no "official" religion, but also at keeping religion separate from our government, thus not representing the nation as a whole

One of the most recent examples of failed separation of church and state is in the Supreme Court, specifically during the overturning of Roe v. Wade in 2022. Out of the nine justice's, seven of them identify as Catholic, while one identifies as a nondenominational Protestant, and the final member is Jewish. This not only means that all members believe in God in some way, but almost all of them are Catholic, misrepresenting the nation as a whole. And while one might argue that the majority of them being Catholic wouldn't be an issue, the problem is clearly shown during the overturning of Roe v. Wade, which involved the legalization of abortion in America. Despte the fact that 62% of Americans wanted abortion to be kept legal in most or all cases, five of the nine members decided to overturn Roe V. Wade, removing the right to an abortion that was available for all citizens in all states for fifty years. Coincidentally, all five Justices were Catholic, the last three being Jewish and Catholic. The conservative bias is clear as glass, and every United States citzen had to pay for it. Unfortunately, the Supreme Court is not the only example of faied church separation. Many members in the government use God to justify their actions, or think that the United States is a "Godly nation". In an article by ABC news called "Christian Nationalism Threatens Democracy", they mention former President Donald Trump and a speech he made in Texas where he states, "As long as we are confident, united, and loyal to the cause, the tyrants we're fighting do not stand even a chance. Because we are Americans, and Americans kneel to God and to God alone...We are one movement, one people, one family and one glorious nation under God.” While some of what Trump says is wonderful and inspirational, the rest he says is simply wrong. I am American, born and raised, but I don't kneel to God. Neither do many other Americans. Are we no longer Americans because we don't kneel to God? The same article also talks about how Trump's former national secunty advisor, Mike Flynn, claimed that, "America is in a fight for it's soul as a "Christian nation"’ and how a GOP candidate for governor "brought the crowd to their feet" by invoking God. Correct me if I'm wrong, but does the very fist amendment in the U.S Constitution state that the nation doesn't have an official religion?

There are many reasons why this needs to be changed, but two stick out the most. One of the most important reasons why we need to keep religion apart from the government, is because if we let the first amendment change, if we let the nation have an official religion, what other amendments are we going to let them change? What happens if they decide to change the 19th amendment, the amendment that made it legal for women to vote? Or what happens if they decide to change the 13th amendment, the amendment that made slavery ilegal? If we let them have this taste of power, there is no limit to what else they will change. The second reason why the government should be kept separate from religion is because more and more people are either not religious, or they simply do not beleve in God. In an article named "Gen Z and Religion in 2022” by Ryan Burge states, "Just thirty-five percent of them say they are Protestant or Catholic. Forty-nine percent say that they are Atheist, Agnostic, or have no religion". This statistic is extremely important when considering just how many people in our government are religious, especially in the Supreme Court, and with more and more Gen Z becoming adults, the need for not only separation, but representation is very important. "Gen Z Religion Statistic and Trends in 2023" by Lorena Castilo also found that most Gen Z Christians want separation of church and state, stating that “the majority of Gen Z Christians are not looking to their religious leaders for poltical guidance, but rather spirtual guidance. This statistic is indicative of a larger trend among Gen Z Christians of wanting to keep their faith and poltics separate.” Another article, "10 facts about religion and government in the US provides a similar statistic, “Nearly three-quarters of the U.S adults (73%) say that religion should be kept separate from government policies.” Both of these statistics show that many citizens, even religious ones, want to keep separation of church and state. And the best part is, it's super simple. Firstly, get more representation for those who don't believe in God, and don't allow religious members to justify their opinions and votes with God.

Thank you for taking the time to read this stupidly long letter,

*my name*

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some other things I wished I mentioned

“in god we trust” being on money

“one nation, under god” being in the pledge

putting your hand on the Bible when the president is sworn in and when you are in court

[justinspoliticalcorner]

Lil Kalish at HuffPost:

The U.S. Supreme Court on Wednesday will hear arguments for the most important transgender rights case it has ever reviewed — one that could have significant consequences on the future of lifesaving gender-affirming care for youth in the country. At the heart of the case, United States v. Skrmetti, is the question of whether a Tennessee ban on such care violates the 14th Amendment’s equal protection clause, which bars discrimination on the basis of sex. The Tennessee law, Senate Bill 1, encourages minors to “appreciate their sex” by prohibiting puberty blockers or hormone replacement therapy for the purposes of allowing young people to live as an “identity inconsistent with the minor’s sex.”

The Department of Justice, Lambda Legal and the American Civil Liberties Union, who petitioned the Supreme Court to hear the case, have argued that Tennessee’s law amounts to sex discrimination because it specifically bars transgender youth from these medications while allowing cisgender youth to undergo the same treatments for other conditions, such as early puberty. “This case contains some of the worst leaning into sex stereotypes that I’ve ever seen in a statute,” said Sasha Buchert, the director of the nonbinary and transgender rights project at Lambda Legal, the oldest LGBTQ+ law firm in the U.S. “It’s clearly a sex-based consideration because this is the same care that [they’re] just banning for trans people. But even further, there is this gender conformity aspect to the statute, which I think is implicit in all of these bans that we’ve seen. It’s just that Tennessee didn’t want to hide it.”

Tennessee has argued that the law does not specifically target trans people, although the state acknowledges that the ban sets “age- and use-based limits” on puberty blockers, hormones and surgeries for the “purpose of gender transition.” (Gender-affirming surgeries are not an issue in the Supreme Court case, however, as a district court threw out a challenge to those procedures.) The law has faced legal challenges since the Tennessee legislature first passed it in March 2023. One month later, the ACLU filed a lawsuit on behalf of a trans teen identified as L.W., two other families of trans youth, and a Memphis-based doctor. The DOJ then joined the suit.

That summer, a district court found that the ban likely violated the U.S. Constitution and issued a preliminary injunction on parts of the law regarding puberty blockers and hormones. Tennessee’s attorney general, Jonathan Skrmetti, appealed the decision to the U.S. Court of Appeals for the 6th Circuit, which overturned that ruling. The Biden administration then asked the Supreme Court to review this case, arguing that any ban on trans health constitutes sex discrimination.

Since the Supreme Court only took up the Biden administration’s appeal, the court will not be weighing in on the question of whether the state law violates the “fundamental right of parents” to make medical decisions for their children, which is a central question in a separate lawsuit, L.W. v. Skrmetti.

The outcome of United States v. Skrmetti will provide much-needed legal clarity for trans youth and their families amidst an increasingly anti-trans political climate. Twenty-six states have passed laws restricting health care providers from prescribing puberty blockers and hormones, as well as performing surgeries on transgender youth. Lower courts across the country have handed down conflicting rulings when these laws have been challenged. By and large, district court judges have attempted to block these bans, finding them unconstitutional after applying “heightened scrutiny” — a high legal standard used in civil rights cases that forces the government to prove a vested interest in the application of the law. Appeals court judges, on the other hand, have typically used “rational basis,” a lower form of review, when overturning previous injunctions of these bans.

Chase Strangio, the co-director of the ACLU’s LGBTQ and HIV Project, said on a press call Monday that if the Supreme Court rules in favor of Tennessee, it could “erode protections when it comes to sex-based discrimination,” especially in the context of medical care, long term. Strangio, the first trans lawyer to argue before the Supreme Court, is set to deliver a 15-minute oral argument on behalf of the three families of trans youth and the Memphis-based doctor on Wednesday. However, if the Supreme Court rules as the district courts have by applying “heightened scrutiny,” then it will determine that bans on trans health care constitute sex discrimination, similar to how the high court determined in the Bostock v. Clayton County case that discrimination against trans employees is also sex discrimination.

[...]

Science Versus Skeptics

There is a body of scientific evidence to show that puberty blockers and hormone replacement therapy substantially reduce gender dysphoria in adolescent patients, dozens of medical associations argued in briefs submitted to the Supreme Court in September. Doctors, medical groups, LGBTQ+ advocates, Democrats, Republicans and trans individuals have submitted briefs on the efficacy of gender-affirming care to alleviate dysphoria and prevent suicide. However, Tennessee’s brief to the court is skeptical of gender-affirming care. It argues that these medical interventions are “experimental” and claims that at one point a Tennessee hospital, Nashville’s Vanderbilt University Medical Center, began providing trans health care in order to “make a lot of money.” The brief discusses at length how certain “media reports” about Vanderbilt providing gender-affirming care to minors exposed the hospital’s true intentions.

[...] United States v. Skrmetti comes at a pivotal time for trans rights in the U.S. President-elect Donald Trump has promised to “stop” gender-affirming care for minors nationwide, which he has equated to “child abuse” and “sexual mutilation.” The incoming president has also appointed Russell Vought, the co-author of Project 2025, as the director of the Office of Management and Budget. Project 2025, the blueprint for a second Trump term, includes dozens of policies that erase federal protections for LGBTQ+ people, including allowing Medicare and Medicaid to deny coverage for gender-affirming care and removing trans-inclusive protections from Title IV.

Tomorrow at SCOTUS: a very big case on gender-affirming care will be heard for oral arguments, and it is United States v. Skrmetti. The Skrmetti case is a crucial case to determine the fate of gender-affirming care for trans and gender-expansive youths (and adults).

#LGBTQPeopleAreNotGoingBack

See Also:

The Advocate: What to expect in this week’s landmark gender-affirming care U.S. Supreme Court case

[follow-up-news]

It became more common for authorities to charge women with crimes related to their pregnancies after the fall of Roe v. Wade in 2022, a new study found — even if they’re almost never accused of violating abortion bans. In the year after the U.S. Supreme Court ended the nationwide right to abortion in its Dobbs v. Jackson Women’s Health Organization ruling, at least 210 women across the country were charged with crimes related to their pregnancies, according to the report released by Pregnancy Justice, an advocacy organization. That’s the highest number the group has identified over any 12-month period in research projects that have looked back as far as 1973. Wendy Bach, a professor at the University of Tennessee College of Law and one of the lead researchers on the project, said one of the cases was when a woman delivered a stillborn baby at her home about six or seven months into pregnancy. Bach said that when the woman went to make funeral arrangements, the funeral home alerted authorities and the woman was charged with homicide. Because of confidentiality provisions in the study, Bach would not reveal more details on the case. But it was one of 22 cases in the study that involved the death of a fetus or infant. “It’s an environment where pregnancy loss is potentially criminally suspect,” Lourdes Rivera, president of Pregnancy Justice, said in an interview. The researchers caution that the tally of cases from June 24, 2022, through June 23, 2023, is an undercount, as were earlier versions. As a result, they can’t be positive there wasn’t a stretch between 1973 and 2022 with as many cases as after the Dobbs ruling. During the earlier period, they found more than 1,800 cases — peaking at about 160 in 2015 and 2017. Most of the cases since Roe’s end include charges of child abuse, neglect or endangerment in which the fetus was listed as the victim. Most involved allegations of substance use during pregnancy, including 133 where it was the only allegation. The group said most of the charges do not require proof that the baby or fetus was actually harmed. Only one charge in the report alleged violations of an abortion ban — and it was a law that was later overturned. Citing privacy concerns, the researchers did not identify the state where that charge originated. Four others involved abortion-related allegations, including evidence that a woman who was charged had abortion pills.

[thelastharbinger]

Did not have the U.S. government holding hearings on previously classified information and lying making confirmations under oath that they are in possession of alien bodies and ufos in order to distract from the fact that covid-19 is still the leading cause of death in children, the cost of living is astronomical, cop city is well underway despite Atlanta residents overwhelmingly crying out against it, we are experiencing the hottest & deadliest temperatures on record, the state of Florida trying to rewrite history to say that slavery was just a mutually beneficial unpaid internship, trans lives and rights are under attack, anti drag laws, FLINT MICHIGAN STILL DOES NOT HAVE CLEAN DRINKING WATER, anti-discrimination laws being reversed, Supreme Court ruling against affirmative action, Roe v. Wade undone, universal free school lunches are on the ballot, ongoing mass shootings, climate change, big pharma killing off people by withholding live saving drugs at ungodly market prices, the erasure of separation of church and state, AI surveillance being implemented to detect fare evasion for increasingly costly public transport services, the rise of fascim, proud boys showing up with military grade weapons at libraries and day care centers, the permitted attempted coup of the capital, labor union strikes happening all over the country, people dying of heat in Texas because evil landlords want to cut off cooling over an unpaid $51 utility bill, train derailments causing toxic waste spills, corruption within the highest court in the land, homelessness rates the highest its ever been, migrants and asylum seekers being kicked out of temporary housing, the cost of food, book bans, Miranda Rights no longer being stated, mayors deciding to no longer publicly disclose how many people are dying pre-trial in detention facilities, federal minimum wage still $7.25, Jeff Bezos, Elon Musk, oil pipeline constructions on native lands, something like 30-50% of the nation's drinking water contaminated with forever chemicals, the rich remaining untaxed, biden going back on his campaign promises to forgive all student debt, still no free universal healthcare, ICE deportations increasing under biden admin, the u.s. yet maintaining colonies, teens and women getting jail time for miscarriages and abortions, 100 companies globally responsible for 70 or 80-something percent of all CO2 emissions, we are living in a police state, diseases resurfacing after years with no cases due to rising temps, death penalty, public services being defunded to increase military and police spending budgets, and abusers suing victims for defamation cases in court so that they legally cannot talk about it, and setting a dangerous precedent in the process in my 2023 bingo card but here we god damn are.