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kuramirocket · 2 years

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Ana de Alba speaks to the U.S. Senate Judiciary Committee during a hearing for nominees to federal courts. The Fresno County Superior Court judge was confirmed by the U.S. Senate to the U.S. Eastern District Court for the Eastern District of California

The U.S. Senate confirmed Fresno County Superior Court Judge Ana Isabel de Alba to be a U.S. District judge for the Eastern District of California on Tuesday afternoon.

De Alba, who grew up in Dos Palos to a farmworker family, will become the first Latina on the Eastern District court.

“Judge de Alba brings a lifelong commitment to advancing justice in California’s Central Valley,” said U.S. Sen. Alex Padilla of California, who introduced de Alba for her Senate Judiciary Committee meeting in late April. She “watched her mother and grandmother struggle with unfair treatment, as they worked together in some of the hardest jobs in the world,” Padilla added in a statement released minutes after her confirmation at 6:33 p.m. Eastern Time.

De Alba is expected to be sworn in as early as this week. Her arrival should be welcome news for the Eastern District Court, said a University of Richmond law professor.

“That court has been overworked and understaffed for decades really, because they don’t have enough judges and they have too many cases,” said the professor. “And, Congress has not had a comprehensive judgeship bill in 32 years. They carry like twice the caseload of the average judge around the country. The federal courts policy-making Judicial Conference has recommended the Eastern District Court get “four or five more judges’.”

Padilla, in his statement, said de Alba “is dedicated, fair and universally respected by her colleagues.” “She realized her childhood dream of service by establishing a Worker’s Rights Clinic for low wage workers to learn their rights and seek legal advice,” said Padilla. “She will bring a deep knowledge of the Central Valley, and a passion for equal justice informed by her own family’s story.”

In her judiciary committee hearing, de Alba introduced herself as “the proud daughter of Mexican immigrants” who worked in the fields alongside her parents and three brothers. “My parents brought with them entrenched values of honesty, humility, hard work and determination,” she said in a two-minute speech. “My mother was particularly passionate that we become respectful, responsible, well-educated adults.”

Ana de Alba earned her bachelor’s degree and law degree from UC Berkeley. She was appointed to the Fresno County Superior Court in 2018. From 2013 to 2018, she was a partner at Lang Richet & Patch, where she focused primarily on employment, business, tort, and construction litigation.

#🇲🇽#mexican judges #Ana de Alba #mexican #mexican american #hispanic #latina #Fresno County Superior Court #U.S. District judge #Eastern District of California #Eastern District court #Alex Padilla #discrimination against mexicans #Worker’s Rights Clinic

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dontmeantobepoliticalbut · 9 months

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Barely a day after former President Donald Trump was indicted for the third time, some Senate Republicans are already trying to undermine the credibility of the federal judge who was randomly assigned to preside over his trial.

Here’s a detail they’re hoping you won’t notice: They unanimously voted to confirm her.

Sen. Ted Cruz (R-Texas), speaking on his podcast on Wednesday, accused U.S. District Judge Tanya Chutkan of being “relentlessly hostile” to Trump and claimed that she has “a reputation for being far-left, even by D.C. District Court standards.”

But Cruz voted to put Chutkan into her seat on the U.S. District Court for the District of Columbia in June 2014. So did every other Senate Republican when she was unanimously confirmed, 95-0.

That includes Sen. Lindsey Graham (R-S.C.), who nonsensically claimed Wednesday that “any conviction in D.C. against Donald Trump is not legitimate.”

“The judge in this case hates Trump,” Graham said in a Fox News interview. “You can convict Trump of kidnapping Lindbergh’s baby in D.C. You need to have a change of venue. We need a new judge. And we need to win in 2024 to stop this crazy crap.”

Aides to Cruz and Graham did not respond to requests for comment on how the senators square their votes to confirm Chutkan with their criticisms of her ability to be a fair judge.

Tuesday’s federal indictment of Trump accuses him of serious crimes related to the 2020 presidential election and the Jan. 6, 2021, Capitol insurrection: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

Chutkan, a Jamaica-born former assistant public defender and an appointee of former President Barack Obama, has already been overseeing cases related to the Jan. 6 attack. She’s handed out some of the most aggressive sentences yet to rioters who took part in the violence that day. Of the 11 cases that have come before her, she imposed tougher sentences than those sought by the Justice Department seven times and matched what the Justice Department was seeking four times, according to an Associated Press review.

In all 11 cases, Chutkan sentenced the defendants to prison time.

This is what is likely driving the GOP attacks on Chutkan: They know she’s not likely to go easy on Trump now.

Beyond trying to discredit the judge, some Republicans, like Graham, are parroting Trump’s absurd demand for a change of venue. The former president has called for moving his case to the “more diverse” and “politically unbiased nearby State of West Virginia!” (Virginia and Maryland are much closer to D.C., for what it’s worth.)

Not a single Republican raised concerns about Chutkan during her nomination hearing in the Senate Judiciary Committee in February 2014. In fact, only one GOP member of the committee even showed up to the hearing: Sen. John Cornyn (Texas), who was only there to rave about a separate Texas judicial nominee on the schedule. He left before Chutkan was up.

Cruz and Graham were both members of the committee at the time.

Neither attended Chutkan’s hearing.

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princesssarcastia · 11 days

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mostly i'm cool with the american focus on protecting individual rights and liberties, but fuck I wish the judicial branch would just say "hey, I know we normally like to give people more rights and longer trials, but actually the rights of over 300 million people to make an informed decision about their next president outweigh your single individual rights to a lengthy due process, mr. trump!"

#i feel like jason fucking todd right now asking for an exception #im not talking about fries or ivy or dent. im talking about him. just him #etc etc #anyway the supreme court is going to push the criminal trials alllll the way bck #to the point that they don't matter anymore #and i know there's a bunch of liberals who want to blame merrick garland for this mess #'ahh he took too long to bring charges!'#but actually frankly i don't #frankly i blame these people in this order:#1. mitch mcconnell #2. donald trump #3. the u.s. supreme court #4. every single district and appellate judge mcconnell and trump teamed up to put on the bench #merrick garland doesn't actually factor into my new hit list

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minnesotafollower · 5 months

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U.S. Supreme Court Denies Derek Chauvin’s Petition to Review His State Court Conviction for Murder and Manslaughter of George Floyd

On November 20, 2023, the U.S. Supreme Court without opinion denied Derek Chauvin’s petition for review of his state court conviction for the murder and manslaughter of George Floyd in May 2020.[1] It thus appeared that this state court criminal case was over as was Chauvin’s federal guilty plea, criminal conviction and sentencing for the killing of George Floyd. However, as discussed below, a…

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#asphyxia #Derek Chauvin #Dr. William Schaetzel #George Floyd #Minnesota Court of Appeals #Minnesota District Court (Hennepin County)#Minnesota Supreme Court #paragangliona #U.S. Supreme Coourt #US. District Judge Magnuson

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opencommunion · 3 months

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this Friday Jan 26th, the first hearing in the US federal lawsuit charging Biden with complicity in genocide, Defense for Children International - Palestine v. Biden, will be livestreamed: "Pre-hearing Briefing (Online) Time: 7:30 a.m. - 9:00 a.m. (PST) / 10:30 a.m. - 12 p.m. (EST) / 5:30 p.m. - 7 p.m. (Palestine)

During the YouTube livestream, lawyers, advocates, and organizers will share analysis about the importance to the Palestinian solidarity movement of this momentous court hearing and the DCIP v. Biden case, which charges the Biden administration with complicity in and failure to prevent Israel’s unfolding genocide against Palestinians. You can watch at on the Center for Constitutional Rights YouTube page.

Hearing in Defense for Children International - Palestine v. Biden (In-person & online) Time: 9:00 a.m. (PST) / 12 p.m. (EST) / 7 p.m. (Palestine)

The hearing, which will include live testimony by our plaintiffs and expert, will take place in person at the U.S. District Court for the Northern District of California, 1301 Clay Street in Oakland, CA. You can also watch the court’s online stream – instructions for how to join the public hearing on Zoom can be found on Judge White’s page on the court website. A recording of the hearing will be made available by the court at a later date.

Defense for Children International - Palestine v. Biden was filed in November by the Center for Constitutional Rights and co-counsel Van Der Hout LLP against the President, Secretary of State, and Secretary of Defense on behalf of two Palestinian human rights organizations and eight Palestinians in the U.S. and Palestine. The case challenges the U.S. government's failure to prevent and complicity in Israel’s unfolding genocide of the Palestinian people and asks the court to order the Biden administration to cease diplomatic and military support and comply with its legal obligations under international and federal law. The hearing on the preliminary injunction motion and the government’s motion to dismiss the case will take place on Friday, January 26.

Find out more on our case page and Stop the Genocide resource page."

#palestine

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kiramoore626 · 1 year

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U.S. judge rejects Biden administration's LGBT health protections

U.S. judge rejects Biden administration’s LGBT health protections

U.S. judge rejects Biden administration’s LGBT health protections A federal judge in Texas ruled on Friday that President Joe Biden’s administration had wrongly interpreted an Obamacare provision as barring health care providers from discriminating against gay and transgender people. U.S. District Judge Matthew Kacsmaryk in Amarillo ruled that a landmark U.S. Supreme Court decision in 2020…

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#Healthcare #Legal #LGBTQ #Texas #U.S. District Judge Matthew Kacsmaryk #United States

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reasonsforhope · 9 months

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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.

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wilwheaton · 7 months

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"Clarence Thomas might not be the finest Justice money can buy, but he’s definitely bought," charges Moe Davis, the well-known retired U.S. Air Force colonel, attorney, educator, politician, and former administrative law judge. Former federal prosecutor and legal commentator Mimi Rocah, who is now he elected District Attorney for Westchester County, New York expressed disgust. "As a public servant who sacrifices donor $ (I don’t take donations from elected officials, PBAs, or attorneys with cases before my office), b/c I believe the justice system should be free from even the appearance of political influence, this sickens me." "Thomas and his billionaire pals have trashed the court’s reputation," observed author Mark Jacob, a former Chicago Tribune editor. "Corruption of the highest order," is how Heather Cox Richardson, the well-known historian, author and professor of history described Justice Thomas' alleged actions. "Personally, I’d go right to resign. It’s long overdue. And I’d revisit the cases he’s decided—including Citizens United and Shelby v Holder, which together handed our democracy to the rich—while we’re at it."

‘Corruption of the highest order’: Experts ‘sickened’ at ‘definitely bought’ Clarence Thomas and his ‘pay to play’ lifestyle

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dontmeantobepoliticalbut · 1 year

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Former Vice President Mike Pence will not appeal a federal judge’s order that he testify in the special counsel’s probe of former President Donald Trump’s attempt to overturn the 2020 election, his adviser announced Wednesday.

The decision not to fight the order could provide special counsel Jack Smith with remarkable access to one of the key people with critical insight into Trump’s thinking and efforts to cling to power.

Last week, Judge James Boasberg, the chief judge of U.S. District Court for the District of Columbia, largely dismissed efforts mounted by Pence and Trump to limit his testimony and avoid handing over documents.

Boasberg acknowledged a constitutional argument against forcing Pence to testify in front of a grand jury about matters related to his role as Senate president during the certification of the election on Jan. 6, but nevertheless concluded that immunity should not prevent Pence from testifying about conversations related to alleged “illegality” on Trump’s part.

“Vice President Mike Pence swore an oath to support and defend the Constitution, and his claim that the Biden Special Counsel’s unprecedented subpoena was unconstitutional under the Speech or Debate Clause was an important one made to preserve the Separation of Powers outlined by our Founders,” Pence adviser Devin O’Malley said in a statement Wednesday. “In the Court’s decision, that principle prevailed. The Court’s landmark and historic ruling affirmed for the first time in history that the Speech or Debate Clause extends to the Vice President of the United States. Having vindicated that principle of the Constitution, Vice President Pence will not appeal the Judge’s ruling and will comply with the subpoena as required by law.”

It’s unclear exactly when Pence will appear before the grand jury in Washington, according to a source familiar with the matter, and the case remains under seal. Trump’s attorneys could still appeal Boasberg’s ruling. Last week, his legal team filed an appeal to block the testimony of several of his senior aides.

Pence has already published a memoir and Wall Street Journal op-ed detailing several significant interactions with Trump in the days leading up to Jan. 6. NBC is told prosecutors are focused on specific efforts Trump took to try to block the certification of the election.

#us politics #news #nbc news #2023 #donald trump #republicans #conservatives #trump administration #gop #mike pence #special counsel #Jack Smith #subpoena #Judge James Boasberg #U.S. District Court for the District of Columbia #Speech or Debate Clause #us constitution #Separation of Powers

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decolonize-the-left · 29 days

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GENERAL STRIKE TIME BABEY. READ THE WHOLE POST.

While we're all mad at government sending money to Israel that police budgets are so inflated because of how often they pay settlements.

And also that it's a verified fact that our police train with Israeli soldiers. Remember when they were black bagging people in PDX? It reminded me of this ex-Israeli soldier talking about how they'd do the same thing to innocent Palestinians just to terrorize them and their neighbors. It was intentional terrorism when they did it.

Police budgets pay for all that.

Correction, we pay.

To put it more bluntly,

We pay for them to kill and terrorize people.

Just as our taxes pay for the deaths of Black and Brown people all over the world from Turtle Island to Sudan and Palestine.

In Dec. 2022, Louisville Metro Government agreed to pay Walker $2 million to settle lawsuits against the city. Metro government previously paid a $12 million settlement to Taylor’s family in Sept. 2020

We paid for Breonna Taylor's death.

And her murderers were never arrested btw. Not that there aren't still people trying to arrest them of course. But our money paid for their lawyers and wouldn't you know it, no charges have stuck.

Four years to the day after Breonna Taylor’s death, federal prosecutors are moving forward with a re-trial of one of the officers involved in the botched raid that ended her life. At a status conference Wednesday, U.S. District Court Judge Rebecca Grady Jennings scheduled Brett Hankison’s final pre-trial hearing for September 13th. His re-trial is scheduled to begin on Oct. 15. In November of last year, Hankinson was tried for violating the Constitutional rights of Breonna Taylor, her boyfriend, and three neighbors when he fired through two covered windows during the raid. Prosecutors argued he used excessive force when he shot into the apartment complex blindly. Taylor’s boyfriend, Kenneth Walker, had fired at officers executing the search, claiming he thought they were intruders.

And Myles Cosgrove?

Yeah we're paying him to terrorize more people. He got a job as a fucking sheriff's deputy.

Myles Cosgrove, the former Louisville police officer, who was fired for fatally shooting Breonna Taylor in a botched 2020 police raid and hired earlier this year as a sheriff’s deputy in Carroll County, rammed a resident’s truck with his cruiser Monday and then pointed a gun at the owner and several bystanders, witnesses said.

Witnesses told The Courier Journal that Cosgrove barreled into Happy Hollow Private Resort Park trailer park at a high rate of speed without his emergency lights on, then struck William Joshua Short’s pickup truck with such force that it sent the vehicle flying into a building, breaking off two cinder blocks.

And Johnathan Mattingly wrote a fucking book about it to make money off of his role in her murder. $15 on Amazon.

He also wanted to sue Kenneth Walker, Breonna's boyfriend. You know why? For damages and injuries he sustained while killing Breonna Taylor.

WE PAID FOR ALL THAT. ALL OF IT.

Our power is in our dollar.

American politics and officials don't care for our lives. It's why they're content to watch us protest for months. Because we're still going to work. We are the worker ants simply fulfilling our duty, receiving the bare minimum to survive for our labor.

We're still building their bombs. Paying our taxes, so much that hardly any of us could afford more than rent.

We are just drones fulfilling our purpose to the upper class who doesn't give a shit about us beyond what we do for them and how little we will do it for.

If we want change we're gonna have to stop working. We're going to have to deprive them of products they sell, of our taxes, of our low cost labor.

And the strike that UAW is planning in May 2028 has inspired a lot of others to start looking at the opportunity to join in.

If you haven't heard of it yet, a strike is when workers organize and stop showing up for work. And a general strike is a mass strike across various industries around similar demands or bargaining positions.

There have been multiple calls for a general strike since then, predominantly from individuals and groups on social media, which has often resulted in confusion about what a general strike would actually look like. To be clear, a general strike is not a protest or a rally, a single picket line, or a boycott. It is, as I’ve previously defined, “a labor action in which a significant number of workers from a number of different industries who comprise a majority of the total labor force within a particular city, region, or country come together to take collective action.”

Throughout history, workers have used this tactic as a nuclear option to shut down entire cities when needed, including Philadelphia in 1835, Seattle in 1919, and beyond.[...]

If even four or five of the unions representing the workers mentioned above banded together in a nationwide general strike, the entire country would grind to a halt. When Shawn Fain asks his fellow unions to set the timer for May 2028, what he’s really saying is, get ready to shut sh*t down and level the playing field between bosses and workers once and for all.

JOIN A UNION. AND TALK ABOUT THIS.

And make one of the demands out to be an end of American support to countries participating in apartheid and genocide.

End the taxes for police budgets and settlements. If they want police departments so bad then they should FIND funding for themselves like the government makes USPS do.

One of the biggest pushbacks we hear is that there is never any official backing for calls to a general strike. Well here it is! Make sure you tell EVERYONE

This could be a global strike if other countries choose to participate on the same date

No, I don't think Palestine has 3 years so in the mean time join a union, keep protesting, start rioting, answer Every call to action coming from a Palestine and Sudan and the DRC and sign this strike card

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dduane · 6 months

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#US politics #US law

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minnesotafollower · 9 months

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State Court Imposes Sentence of 57 Months Imprisonment on Tou Thao for Aiding Manslaughter of George Floyd

When George Floyd was killed on May 25, 2020, Tou Thao was a Minneapolis police officer who was in charge of monitoring and restraining the large nearby crowd of bystanders while observing fellow officers Derek Chauvin, Thomas Lane and Alexander Kueng physically restraining and killing George Floyd on the nearby pavement. On August 7, 2023, Thao was sentenced in state court to 57 months…

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#Alexander Kueng #Derek Chauvin #Erin Eldridge #George Floyd #Hennepin County District Court (Minnesota)#Judge Peter Cahill #Minnesota Court of Appeals #Minnesota Supreme Court #Robert Paule #Thomas Lane #Tou Thao #U.S. District Court (District of Minnesota)

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the-eternal-quest-for-balance · 3 months

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U.S. District Judge J. Philip Calabrese, in his ruling, emphatically stated, “Here in America, we do not arrest our political opponents.” He underscored the importance of the constitutional protections for free speech, particularly the right to criticize public officials and representatives.

Calabrese held that the sheriff, two deputies, and the two county commissioners named in the lawsuit, one of whom has since left the board, are personally liable for damages. A subsequent hearing will determine the extent of these damages.

Judge Calabrese pointed out that the evidence clearly demonstrated that Frenchko’s arrest was a consequence of her speech, and he rejected the defendants’ claims to immunity from damages. He emphasized that any reasonable official should know that arresting someone for protected speech is a violation of the First Amendment.

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kiramoore626 · 2 years

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10-year-old Transgender Girl Sparks Win In Indiana

Federal judge rules against anti-trans law A federal judge handed down a powerful ruling Tuesday, on behalf of a 10-year-old transgender girl in Indiana, offering a heartening win against the ongoing wave of anti-trans bigotry in Republican-dominated states.

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#Indiana #Judge Jane Magnus-Stinson #LGBTQ #Transgender Youth #U.S. District Court for the Southern District of Indiana #United States #US

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reasonsforhope · 11 months

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A federal judge appointed by Donald Trump ruled late Friday night that Tennessee’s Adult Entertainment Act (AEA), which would restrict drag performances in the state and threaten performers who violate the law with felony criminal penalties, is unconstitutional.

“The Tennessee General Assembly can certainly use its mandate to pass laws that their communities demand,” U.S. District Judge Thomas Parker wrote. “But that mandate as to speech is limited by the First Amendment to the United States Constitution, which commands that laws infringing on the Freedom of Speech must be narrow and well-defined. The AEA is neither.”

Parker, appointed to the bench in 2017, found after a two-day trial that the law — criminalizing “adult cabaret entertainment” performances anywhere “where the adult cabaret entertainment could be viewed by a person who is not an adult” — is unconstitutional on several grounds.

Parker did not shy away from the underlying issues, either.

“The word ‘drag’ never appears in the text of the AEA,” Parker wrote. “But the Court cannot escape that ‘drag’ was the one common thread in all three specific examples of conduct that was considered ‘harmful to minors,’ in the legislative transcript.”

After detailing that legislative history, as shown in four transcripts reviewed by the court, Parker found that “the legislative transcript strongly suggests that the AEA was passed for an impermissible purpose.”

That “impermissible purpose,” Parker found, was “chilling constitutionally-protected speech.”

-via Law Dork, 6/3/23

#united states #us politics #tennessee #drag #drag bans #transphobia #trans rights #trans rights are human rights #first amendment #good news #hope

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