Monday, August 27, 2018

What I Fear

The Republican state are getting embolden, they smell blood with the possibility of a new Supreme Court justice who believes in the Bible over the Constitution, is anti-LGBT rights, is anti-women’s rights, and is pro-guns.
States Ask Supreme Court to Limit LGBT Protection (1)
Bloomberg Law
By Chris Opfer
August 24, 2018

A group of 16 states urged the U.S. Supreme Court Aug. 23 to rule that companies can fire workers based on their sexual orientation and gender identity without violating federal workplace discrimination law.

The states, led by Nebraska Attorney General David Bydalek, asked the justices to overturn an appeals court decision against a Michigan funeral home that fired a transgender worker. They said Congress didn’t intend the ban on sex discrimination in Title VII of the 1964 Civil Rights Act to cover bias against lesbian, gay, bisexual, or transgender employees.

“The States’ purpose is to note that ‘sex’ under the plain terms of Title VII does not mean anything other than biological status,” Bydalek wrote.

The friend-of-the-court brief is the latest development in a legal debate that has divided courts and exposed a rift within the Trump administration. The Equal Employment Opportunity Commission says LGBT bias already is banned, but the Justice Department disagrees.
It is not a rife “within” the administration but rather they are appointed to terms and the Chairperson’s term expires in 2020, but one commissioner’s terms ends next July and another commissioner’s term ended last month and Trump has not appointed a new commissioner yet, there is actually a fight among Republicans. In another Bloomberg article,
Four Senate Republicans are effectively blocking their own party from seizing majority control of the federal agency charged with combating workplace discrimination and harassment, trade association lobbyists tell Bloomberg Law.

Time is running out in a busy election year for the Senate to approve President Donald Trump’s three picks to serve on the five-member Equal Employment Opportunity Commission, and business groups are now increasing the pressure on Capitol Hill in the hopes of eliminating the logjam and delivering a more employer-friendly EEOC.

But an intra-party divide between faith-based social conservatives and traditional business-minded Republicans threatens to preserve a Senate stalemate on the EEOC selections for at least the rest of 2018.
And it is becoming something of a three strikes and we’re out for us.

The commissioners terms are expiring allowing Trump to appoint his anti-LGBT commissioners, Congress and Trump are working overtime to appoint the 176 federal judges that the Republicans block President Obama from appointing and Trump is about to appoint his second Supreme Court justice.

Meanwhile,
The EEOC successfully sued on behalf of Aimee Stephens, who was fired from her job at R.G. & G.R. Harris Funeral Homes after telling a supervisor she was transitioning to a woman. But the agency must get the Justice Department’s approval if it wants to participate in the case at the Supreme Court level.

A total of 13 Republican attorneys general, including those representing Texas, Alabama, Kansas, and Utah, signed on to the brief. Three GOP governors— Matthew Bevin (Kentucky), Paul LePage (Maine), and Phil Bryant (Mississippi)—also joined in the court filing.
Which has a snowball’s chance in hell of getting.
This time around, the states weighing in on the Harris Funeral Homes case called the transgender discrimination question one of “national importance.”

“The role of the courts is to interpret the law, not to rewrite the law by adding a new, unintended meaning,” Bydalek wrote.
Supreme Court nominee judge Kavanaugh has ruled in the past against us, he ignored all the Supreme Court precedents and ruled the “original” intent of the law.

It looks like a bleak time ahead of us with life time appointed judges.

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