I so agree with you on all of this, and I sympathize with how discouraged you are feeling now. As I noted in an earlier comment, if some of the leading lawyers felt they could no longer stand up to the abuse of the court, what hope for the rest of us?
'So, some of the leading lawyers fighting for LGBTQ rights in the nation — in the face of a national wave of anti-trans and broader anti-LGBTQ legislation — are giving into unreasoned and unreasonable demands that run roughshod over their rights because they are finding it to be the path of least resistance to protecting their reputations.'
I wish they had not done this. I can understand, but they've given into unreasoning bullying and that will just empower these awful judges even more.
I can no longer see that we can even take a case to court to fight for our rights, because what lawyer wants to be threatened with criminal punishments just for doing so? While the corporate and racist and bigoted interests can do whatever they want with impunity.
What's worse? Is you're the only damn person writing about this, while everyone else is nammering about what some Trump stooge said in some interview somewhere, because supposedly to us liberals, the only thing important is revenge on Trump. Or maybe whining about Alito's damn wife.
You're the only one! What the hell!?
No stopping the wholesale abuse in our courts is just not 'entertaining' enough. Or it might hurt our brains because we can't absorb what's happening in 244 characters or less.
You should not be the only voice crying out in the wilderness, but thank goodness you are.
He’s not the only one. Voices much smaller than his are also screaming WTF??? You just can’t hear or see them. Dissemination of information is wrought by the same bullshit the rest of society is having. Folks can’t get ahead of the nonsense. I’ll be back to offer my 2 cents on this post in a bit.
Sure, we're upset. But who are we? It's like these lawyers not standing up to the Judge because of what it is costing them...what hope does that hold out for the rest of us then? Not only can we not win in court, we can't even take a case to court because anything the lawyers do to best represent us, some judge arbitrarily decides it's 'wrong' and then creates a 2 year panel to investigate it.
It's no different than the doctors who Republicans say can easily differentiate between a necessary abortion to save a woman's life and one that will put them behind bars for life.
Guess what? Women will die. And with these court cases, trans kids will die. All our rights will die. A functioning government will die. Democracy will die. And this isn't hyperbole.
This is so profoundly wrong. You say it, I say it, Chris says it, but all the other legal pundits at the media companies? It's all Alito's wife. Upside down flag. Secret recording. Trump. And Sotomayor and Kagan should resign because older women.
Bullying. It's all bullying, and we're nammering on about upside down flags.
You're telling me? Listen, I sit at the intersection of multiple communities, and I know what this all means. The GOP are creating fascism right in our faces, despite our screaming about all this. Yes, lawyers, doctors, etc. are weighing the consequences of their standing up to those bullies with their careers. Can you blame them?
While you scream about women, I'm screaming about Black people ... including women. I see it the same way about racism. White people act like they aren't at the helm of perpetuating that illness, while we scream loudly or silently. Do you stand up to racists, no matter the consequences for you personally? Do you really, or do you throw up your hands talking about, "It's too hard and I can opt-out anyway. Not my problem." We're all fucked right now with no end in sight.
We are the "We' that begins the Constitution, but none of these politicians are abiding by that. None of them. Not the GOP and not the Dems. They all run off on their own agendas after being elected into congress.
People don't vote locally, thus we let these GOP slime slip right on in. They're hiring their buddies for all this crap; high-powered buddies. Too bad this society became so politically immature. Non-GOP-types poo poo politics, while the GOP does not. They know they can shoe in every creep in the country, because nobody is there to oppose them, including progressive politicians. They are MIA and in the same boat as the rest of us.
In medieval England it was said that “equity varied with the length of the Chancellor's foot” ie that the Lord Chancellor who was in charge of the Courts of Equity would apply the law as he thought it ought to be, not as it was. Sadly some judges in the US appear to have adopted this approach.
You know, if I didn't know any better, they're trying to sneak in their unconstitutional bullshit to uncover who is trans. Yep. They're setting up a precedence that it's legal to reveal the identities of trans people, before lowering the boom if their Fuhrer wins in November. Well, whether he wins or not, they're like a fascist bulldozer trying to slip in sideways to reveal identities. They aren't fooling me. Are they fooling you? SMFH
My conflicts prof speaking more generally, said "it's all just a game, so just play it as such." Some of the rules actually don't embed substance, they attempt to set a neutral rule to which no one will appeal because it doesn't advance their interests.
Other point - pages 4 and 5 of the opinion discussing the idea of a stay - is particularly disingenuous. The panel seems to pretend that it was forced to decide this issue in only a few days before the administrative stay runs out. But as Steve Vladeck (and Chris too if I remember) pointed out - CA5 is good at sitting on cases with those same stays for 12 months+.
Forgot to say, we Black people have known forever that there are 2 justice systems. One for whites and another for almost everybody else. It's not new to us. We know it's tainted for anybody who isn't white. Now, the LGBTQ+ is being treated like us, and they're surprised? I'm not. Welcome to our world.
I say that to say, if you don't start standing up for us, you don't deserve anybody to stand up for you. We know how to fight and survive this stuff. I doubt any of us will survive if the GOP gains control of everything. That'll be a new bomb in the middle of this. But, for now, people better get a clue ... AND FAST!
Hypocrisy is what Republicans know best. Liars, crooks and hypocrites.
Every accusation is an admission.
Fucking fascists.
Hypocrisy, thy name is GOP.
Sad to see that the right-wing fanatics infesting the courts no longer even attempt to appear to follow the law. Truly scary.
I so agree with you on all of this, and I sympathize with how discouraged you are feeling now. As I noted in an earlier comment, if some of the leading lawyers felt they could no longer stand up to the abuse of the court, what hope for the rest of us?
'So, some of the leading lawyers fighting for LGBTQ rights in the nation — in the face of a national wave of anti-trans and broader anti-LGBTQ legislation — are giving into unreasoned and unreasonable demands that run roughshod over their rights because they are finding it to be the path of least resistance to protecting their reputations.'
I wish they had not done this. I can understand, but they've given into unreasoning bullying and that will just empower these awful judges even more.
I can no longer see that we can even take a case to court to fight for our rights, because what lawyer wants to be threatened with criminal punishments just for doing so? While the corporate and racist and bigoted interests can do whatever they want with impunity.
What's worse? Is you're the only damn person writing about this, while everyone else is nammering about what some Trump stooge said in some interview somewhere, because supposedly to us liberals, the only thing important is revenge on Trump. Or maybe whining about Alito's damn wife.
You're the only one! What the hell!?
No stopping the wholesale abuse in our courts is just not 'entertaining' enough. Or it might hurt our brains because we can't absorb what's happening in 244 characters or less.
You should not be the only voice crying out in the wilderness, but thank goodness you are.
He’s not the only one. Voices much smaller than his are also screaming WTF??? You just can’t hear or see them. Dissemination of information is wrought by the same bullshit the rest of society is having. Folks can’t get ahead of the nonsense. I’ll be back to offer my 2 cents on this post in a bit.
Sure, we're upset. But who are we? It's like these lawyers not standing up to the Judge because of what it is costing them...what hope does that hold out for the rest of us then? Not only can we not win in court, we can't even take a case to court because anything the lawyers do to best represent us, some judge arbitrarily decides it's 'wrong' and then creates a 2 year panel to investigate it.
It's no different than the doctors who Republicans say can easily differentiate between a necessary abortion to save a woman's life and one that will put them behind bars for life.
Guess what? Women will die. And with these court cases, trans kids will die. All our rights will die. A functioning government will die. Democracy will die. And this isn't hyperbole.
This is so profoundly wrong. You say it, I say it, Chris says it, but all the other legal pundits at the media companies? It's all Alito's wife. Upside down flag. Secret recording. Trump. And Sotomayor and Kagan should resign because older women.
Bullying. It's all bullying, and we're nammering on about upside down flags.
You're telling me? Listen, I sit at the intersection of multiple communities, and I know what this all means. The GOP are creating fascism right in our faces, despite our screaming about all this. Yes, lawyers, doctors, etc. are weighing the consequences of their standing up to those bullies with their careers. Can you blame them?
While you scream about women, I'm screaming about Black people ... including women. I see it the same way about racism. White people act like they aren't at the helm of perpetuating that illness, while we scream loudly or silently. Do you stand up to racists, no matter the consequences for you personally? Do you really, or do you throw up your hands talking about, "It's too hard and I can opt-out anyway. Not my problem." We're all fucked right now with no end in sight.
We are the "We' that begins the Constitution, but none of these politicians are abiding by that. None of them. Not the GOP and not the Dems. They all run off on their own agendas after being elected into congress.
People don't vote locally, thus we let these GOP slime slip right on in. They're hiring their buddies for all this crap; high-powered buddies. Too bad this society became so politically immature. Non-GOP-types poo poo politics, while the GOP does not. They know they can shoe in every creep in the country, because nobody is there to oppose them, including progressive politicians. They are MIA and in the same boat as the rest of us.
In medieval England it was said that “equity varied with the length of the Chancellor's foot” ie that the Lord Chancellor who was in charge of the Courts of Equity would apply the law as he thought it ought to be, not as it was. Sadly some judges in the US appear to have adopted this approach.
Time for a Senate hearing. Someone poke Durbin.
You know, if I didn't know any better, they're trying to sneak in their unconstitutional bullshit to uncover who is trans. Yep. They're setting up a precedence that it's legal to reveal the identities of trans people, before lowering the boom if their Fuhrer wins in November. Well, whether he wins or not, they're like a fascist bulldozer trying to slip in sideways to reveal identities. They aren't fooling me. Are they fooling you? SMFH
My conflicts prof speaking more generally, said "it's all just a game, so just play it as such." Some of the rules actually don't embed substance, they attempt to set a neutral rule to which no one will appeal because it doesn't advance their interests.
Chris, this
https://storage.courtlistener.com/recap/gov.uscourts.almd.77755/gov.uscourts.almd.77755.578.0.pdf
I think we should all take a moment to say Hi to Judge Burke, since we can be fairly confident he's reading your posts.
and
https://www.msn.com/en-us/news/opinion/a-trump-judge-is-using-this-unscrupulous-tactic-to-trip-up-lgbtq-civil-rights-lawyers/ar-BB1ooeXx
Other point - pages 4 and 5 of the opinion discussing the idea of a stay - is particularly disingenuous. The panel seems to pretend that it was forced to decide this issue in only a few days before the administrative stay runs out. But as Steve Vladeck (and Chris too if I remember) pointed out - CA5 is good at sitting on cases with those same stays for 12 months+.
In re Chamber of Commerce basically reads like the "perles*" a Fed Courts prof might get from his students in a particularly dodgy year.
*Meaning literally "pearls", these gems are exam responses so bad/off that they're funny - do American profs have a similar expression?
Forgot to say, we Black people have known forever that there are 2 justice systems. One for whites and another for almost everybody else. It's not new to us. We know it's tainted for anybody who isn't white. Now, the LGBTQ+ is being treated like us, and they're surprised? I'm not. Welcome to our world.
I say that to say, if you don't start standing up for us, you don't deserve anybody to stand up for you. We know how to fight and survive this stuff. I doubt any of us will survive if the GOP gains control of everything. That'll be a new bomb in the middle of this. But, for now, people better get a clue ... AND FAST!