Friday, October 07, 2016

Judges

Most judges do try to follow the law and do not let their religious beliefs get influence their court decisions but there are judges like the late Supreme Court justice Antonin Scalia who seemed to shade his decisions in an interpretation of the Constitution that was shaded in his religious beliefs.

Earlier in the week I wrote about the Supreme Court and some of the cases they may hear this session and in that post I mentioned judge U.S. District Judge Reed O’Connor in Fort Worth whose ruling was in opposition to many other similar court case, well now to more judges stepped with their rulings last month.
Judge to Ohio school: ‘Treat Jane Doe as the girl she is’
The Washington Blade
By Chris Johnson
September 26, 2016

A federal judge has ruled in favor of a transgender elementary school student seeking to use the restroom consistent with her gender identity, marking the latest such decision in disputes between schools and students on the issue.

In a 43-page decision, U.S. District Judge Algenon Marbley, a Clinton appointee, found denying the student, identified as Jane Doe, from using the restroom consistent with her gender identity violates Title IX of the Education Amendments of 1972, a law barring gender discrimination in schools.
Marbley orders Highland Elementary School to “treat Jane Doe as the girl she is,” which includes referring to her by female pronouns in addition to allowing her to use the girl’s restroom.

The ruling is the result of a lawsuit the school filed in June seeking to overturn an order from the Obama administration requiring officials to treat Jane Doe consistent with her gender identity. In response to the lawsuit, attorneys representing Jane Doe filed a lawsuit seeking an order requiring the school to comply with the Obama administration.
Then in Wisconsin,
Victory! Court orders WI school to immediately halt discriminatory policy against transgender student
Transgender Law Center
September 20, 2016

(Kenosha, WI) – A federal court today ruled that a Wisconsin school must immediately halt its discriminatory policy of singling out a transgender boy, Ashton Whitaker, and forcing him to use a restroom separate from all other students. Whitaker, represented by Transgender Law Center and Relman, Dane & Colfax PLLC, asked for the preliminary injunction so that he could use the restroom during his senior year of high school as the court heard arguments in his case challenging KUSD’s discriminatory treatment of him.
[…]
U.S. District Judge Pamela Pepper read her decision aloud from the bench, holding that Ash would continue to suffer irreparable harm if KUSD continued to deny him access to the boys’ restroom during his senior year.  In her decision, Judge Pepper explicitly recognized the emotional, psychological and physical harm Ash has endured under KUSD’s discriminatory policy and the importance to transgender people of being treated in accordance with their gender identity.
U.S. District Judge Algenon Marbley was appointed by President Clinton and U.S. District Judge Pamela Pepper was appointed by President Obama while U.S. District Judge Reed O’Connor both was appointed by President Bush.
Judicial Nominee Backlog Still Mired in Partisan Politics
NBC News
By Luke Russert and Mike Brunker
September 18, 2016

Vice President Joe Biden's admonished Republican members of Congress earlier this month to "do their jobs" and grant a long-stalled confirmation hearing to Judge Merrick Garland and warned that delaying a hearing could set a dangerous precedent for the institution

"My friends in the Senate, you don't have to support Merrick Garland, you don't have to support the chief judge in the circuit, vote no. But give him a vote. We're setting an incredibly dangerous precedent in the institution that I love," Biden said on Thursday.

However, some judicial insiders worry that another important related issue — filling vacancies on the federal district and appeals courts — has gotten short shrift as the political theater surrounding Justice Antonin Scalia's successor drags on. There are currently 96 federal judicial vacancies and 58 nominees pending, according to the U.S. Federal Courts.

While the Supreme Court gets most public attention, it is worth remembering that it only takes up about 1 percent of the cases that make their way to its august chambers.
Who do you want to make those appointment? President Trump or President Clinton?

Do you want more judges like O’Connor in Texas or Marbley and Pepper?

President Trump or President Clinton, those are the only two viable candidates the independent candidates are polling less than 15 percent and have absolutely no chance of winning.

So who do you want to be nominating up to three Supreme Court justices and up to 96 federal judges?

Many say that they cannot vote for either Trump or Clinton because of their conscious but can you in good conscious allow Trump to win and appoint evangelical Christian judges?

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