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Another city bans free speech. Chilling. Read this.
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Seattle Imposes Ad Ban to Annul Pamela Geller’s Free Speech Lawsuit Victory
Officials who oversee Seattle’s transit system moved to ban political, religious, and other ads from its facilities and public transportation vehicles soon after Pamela Geller’s American Freedom Defense Initiative (AFDI) prevailed in a freedom of speech lawsuit against the city, earning the right to run FBI’s Most Wanted terrorist posters, Breitbart News has learned.
By: Edwin Mora, Breitbart, April 16, 2019:
“People should realize that this is a struggle for the very foundation of any free society: the freedom of speech. If there is a group you can’t criticize, then that group can impose tyranny over you. If we lose this free speech battle, all our other freedoms are lost” Geller recently told Breitbart News via email.
She argued the advertisement ban sidestepped the September 2018 U.S. Court of Appeals for the Ninth Circuit ruling in AFDI’s favor, which allowed the group to advertise the Most Wanted terrorist list in Seattle.
However, the new restrictions, dubbed the “Geller ban” and instituted in December 2018 by the King County Department of Transportation’s Transit Division that oversees Seattle’s public transportation system, have ended up preventing AFDI from running the terrorist wanted ads, Geller pointed out, noting that her free speech lawsuit victory was bittersweet.
Before the appeal court’s ruling, judges had denied AFDI the right to place public service ads featuring images of the FBI’s Most Wanted Terrorists on Seattle’s public transportation system, due to a perceived disparagement of Islam.
The city’s rejection prompted AFDI to sue the King County Metro system for its suppression of free speech.
“We won the right to run the FBI wanted terrorist poster that Seattle prevailed upon the FBI to withdraw [ in 2013]. And as soon as we triumphed, Seattle transit imposed the infamous Geller ban, banning political, religious and cause-related ads in Seattle (following NY, Washington DC, Boston, Miami, Chicago, San Francisco, etc),” Geller told Breitbart News in the email.
In a document outlining the transit agency’s advertising restrictions, King County officials noted that the policy bans advertising on transit facilities and vehicles that fall within the categories of political, religious, government (except for the county’s), and other forms of “speech.”
“They banned all political ads, as that was the only course of action they could possibly take in order to continue to avoid running my ads,” Geller said. “They’re so determined to continue whitewashing Islam and denying and obfuscating the roots of jihad terror that they are willing to lose immense amounts of revenue from all political advertising.”
Transit agency officials argued that their “viewpoint neutral” ban seeks to prohibit “advertisements that interfere with and divert resources from transit operations, that detract from transit purposes by creating substantial controversy, and/or that pose significant risks of harm, inconvenience, or annoyance to transit passengers, operators, and vehicles.”
“Such advertisements create an environment that is not conducive to achieving increased revenue for the benefit of the transit system or to preserving and enhancing the security, safety, comfort, and convenience of its operations,” the officials added.
Responding to the agency’s argument Geller noted, “I see ads that annoy me all the time. If that is the criterion [for the ban], whose annoyance counts, and whose doesn’t, and why?”
She told Breitbart News that King County’s decision to ban FBI wanted posters featuring some jihadis amounts to the “enforcement of Sharia blasphemy law in another American city.”
King County officials described the transit agency’s advertising ban as“restrictions” that “foster the maintenance of a professional advertising environment that maximizes advertising, revenue, and protects the interests of the captive audience that uses Metro’s transit services.”
In other words, the county’s transportation department believes that banning certain ads will allow the county to generate more revenue.
“The ban will, obviously, drastically curtail their ad revenues. To argue otherwise is plain deception” Geller noted.
Nevertheless, the county asserted that the advertising policy intends to fulfill the following goals:
Maximizing advertising revenue; maintaining a position of neutrality and preventing the appearance of favoritism or endorsement by the county; preventing the risk of imposing objectionable, inappropriate or harmful view on a captive audience; preserving the value of the advertising space; maximizing ridership and maintaining a safe environment for transit customers and other members of the public; avoiding claims of discrimination and maintaining a non-discriminatory environment for riders; preventing any harm or abuse that may result from running objectionable, inappropriate, or harmful advertisements; [and] reducing the diversion of resources from transit operations that is caused by objectionable, inappropriate or harmful advertisements.
Geller vowed to keep fighting for free speech all the way to the Supreme Court if necessary to ensure Seattle upholds the appeal court’s ruling.
Another city bans free speech. Chilling. Read this.
Related:
Seattle Imposes Ad Ban to Annul Pamela Geller’s Free Speech Lawsuit Victory
Officials who oversee Seattle’s transit system moved to ban political, religious, and other ads from its facilities and public transportation vehicles soon after Pamela Geller’s American Freedom Defense Initiative (AFDI) prevailed in a freedom of speech lawsuit against the city, earning the right to run FBI’s Most Wanted terrorist posters, Breitbart News has learned.
By: Edwin Mora, Breitbart, April 16, 2019:
“People should realize that this is a struggle for the very foundation of any free society: the freedom of speech. If there is a group you can’t criticize, then that group can impose tyranny over you. If we lose this free speech battle, all our other freedoms are lost” Geller recently told Breitbart News via email.
She argued the advertisement ban sidestepped the September 2018 U.S. Court of Appeals for the Ninth Circuit ruling in AFDI’s favor, which allowed the group to advertise the Most Wanted terrorist list in Seattle.
However, the new restrictions, dubbed the “Geller ban” and instituted in December 2018 by the King County Department of Transportation’s Transit Division that oversees Seattle’s public transportation system, have ended up preventing AFDI from running the terrorist wanted ads, Geller pointed out, noting that her free speech lawsuit victory was bittersweet.
Before the appeal court’s ruling, judges had denied AFDI the right to place public service ads featuring images of the FBI’s Most Wanted Terrorists on Seattle’s public transportation system, due to a perceived disparagement of Islam.
The city’s rejection prompted AFDI to sue the King County Metro system for its suppression of free speech.
“We won the right to run the FBI wanted terrorist poster that Seattle prevailed upon the FBI to withdraw [ in 2013]. And as soon as we triumphed, Seattle transit imposed the infamous Geller ban, banning political, religious and cause-related ads in Seattle (following NY, Washington DC, Boston, Miami, Chicago, San Francisco, etc),” Geller told Breitbart News in the email.
In a document outlining the transit agency’s advertising restrictions, King County officials noted that the policy bans advertising on transit facilities and vehicles that fall within the categories of political, religious, government (except for the county’s), and other forms of “speech.”
“They banned all political ads, as that was the only course of action they could possibly take in order to continue to avoid running my ads,” Geller said. “They’re so determined to continue whitewashing Islam and denying and obfuscating the roots of jihad terror that they are willing to lose immense amounts of revenue from all political advertising.”
Transit agency officials argued that their “viewpoint neutral” ban seeks to prohibit “advertisements that interfere with and divert resources from transit operations, that detract from transit purposes by creating substantial controversy, and/or that pose significant risks of harm, inconvenience, or annoyance to transit passengers, operators, and vehicles.”
“Such advertisements create an environment that is not conducive to achieving increased revenue for the benefit of the transit system or to preserving and enhancing the security, safety, comfort, and convenience of its operations,” the officials added.
Responding to the agency’s argument Geller noted, “I see ads that annoy me all the time. If that is the criterion [for the ban], whose annoyance counts, and whose doesn’t, and why?”
She told Breitbart News that King County’s decision to ban FBI wanted posters featuring some jihadis amounts to the “enforcement of Sharia blasphemy law in another American city.”
King County officials described the transit agency’s advertising ban as“restrictions” that “foster the maintenance of a professional advertising environment that maximizes advertising, revenue, and protects the interests of the captive audience that uses Metro’s transit services.”
In other words, the county’s transportation department believes that banning certain ads will allow the county to generate more revenue.
“The ban will, obviously, drastically curtail their ad revenues. To argue otherwise is plain deception” Geller noted.
Nevertheless, the county asserted that the advertising policy intends to fulfill the following goals:
Maximizing advertising revenue; maintaining a position of neutrality and preventing the appearance of favoritism or endorsement by the county; preventing the risk of imposing objectionable, inappropriate or harmful view on a captive audience; preserving the value of the advertising space; maximizing ridership and maintaining a safe environment for transit customers and other members of the public; avoiding claims of discrimination and maintaining a non-discriminatory environment for riders; preventing any harm or abuse that may result from running objectionable, inappropriate, or harmful advertisements; [and] reducing the diversion of resources from transit operations that is caused by objectionable, inappropriate or harmful advertisements.
Geller vowed to keep fighting for free speech all the way to the Supreme Court if necessary to ensure Seattle upholds the appeal court’s ruling.
In 2001, 2005 and 2017, some Democrat House members objected to the certification of electoral votes for the winning Republican presidential candidate. Those objections, while “denialist,” were only symbolic. But Democrat leaders in the House are now suggesting that if they control that body following November’s election–as they well might–they may refuse to allow a victorious Donald Trump to take office.
The Atlantic did the original reporting, behind a paywall. This is from the Election Law Blog:
Murray and other legal scholars say that, absent clear guidance from the Supreme Court, a Trump win could lead to a constitutional crisis in Congress. Democrats would have to choose between confirming a winner many of them believe is ineligible and defying the will of voters who elected him. …
In interviews, senior House Democrats would not commit to certifying a Trump win, saying they would do so only if the Supreme Court affirms his eligibility. But during oral arguments, liberal and conservative justices alike seemed inclined to dodge the question of his eligibility altogether and throw the decision to Congress.
“That would be a colossal disaster,” Representative Adam Schiff of California told me. “We already had one horrendous January 6. We don’t need another.” …
The choice that Democrats would face if Trump won without a definitive ruling on his eligibility was almost too fraught for Representative Jamie Raskin of Maryland to contemplate. He told me he didn’t know how he’d vote in that scenario. As we spoke about what might happen, he recalled the brutality of January 6. “There was blood all over the Capitol in the hypothetical you posit,” Raskin, who served on the January 6 committee with Schiff, told me….
The Democrats have become so insane on the subject of Donald Trump that it is hard to know which of their mutterings to take seriously. But if Trump wins the election and a Democrat-controlled House refuses to certify his election on the ground that he is an “insurrectionist” under the 14th Amendment, we will be past the point of a constitutional crisis. If that happens, the only realistic path forward will be disunion, possibly accompanied by civil war, but preferably not.
This is one reason why the Supreme Court should put the 14th Amendment theory out of its misery, once and for all. It is obvious that the drafters of that amendment meant the just-concluded Civil War, in which 600,000 Americans lost their lives, when they referred to “insurrection or rebellion” against the United States. In contrast, the January 6 protest was not one of the 50 most destructive riots of the last few years, and the only person killed was Ashli Babbitt. Not a single participant in the protest was arrested in possession of a firearm. Some insurrection!
In the interest of preserving the Republic, the Supreme Court should rule definitively that Section 3 of the 14th Amendment does not apply to Donald Trump.
One of the big stories in the New York Times today is another Clarence Thomas smear, but with a twist: “Justice Thomas Hires Law Clerk Accused of Sending Racist Text Messages.”
The story is about Crystal Clanton, who graduated from the Antonin Scalia Law School at George Mason University in 2022. She is coming off a clerkship with Judge William Pryor of the 11th Circuit, who calls her “an outstanding law clerk.” Justice Thomas has now hired her to clerk on the Supreme Court.
For the last seven years, Crystal Clanton has been dogged by reports of an email that she allegedly wrote, in which she supposedly said, “I hate black people.” The Times story admits that they have not seen any such message, and are relying on reporting by the New Yorker’s Jane Mayer, perhaps the least trustworthy source in America.
In 2017, Clanton was running field operations for Turning Point USA. Mayer did a hit piece on Turning Point that included a variety of allegations, including the one against Clanton. Mayer claimed to have seen a screen shot of the text. The story has dogged Clanton ever since. When she was offered a clerkship on the 11th Circuit by Judge Pryor, seven left-wing members of Congress lodged an ethics complaint against Pryor, based on Clanton’s alleged text. That complaint was investigated by the Second Circuit Court of Appeals, which found the complaint to be without merit and dismissed it.
This January 2022 story has the details. Clanton left Turning Point after the claim against her was first made, but the Second Circuit found it to be false:
The Turning Point executive “had determined that the source of the allegations against (Clanton) was a group of former employees,” [Second Circuit Chief Judge Debra] Livingston wrote. “One of these employees was fired after the organization learned that this person had created fake text messages to be used against co-workers, to make it appear that those co-workers had engaged in misconduct when they had not.”
Pryor and Maze knew about the allegations against Clanton when they interviewed and hired her. And both determined the allegations of racist behavior by Clanton were untrue and found she was highly qualified to serve as a clerk for them, Livingston wrote.
“There is nothing in the record to dispute any of this,” she noted.
Charlie Kirk is also quoted in that story:
“The media has alleged that Crystal said and did things that are simply untrue,” Kirk wrote. “I have first-hand knowledge of the situations reported on and I can assure that the media has made serious errors and omissions. The sources of these reports are a group of former employees that have a well-documented desire to malign Crystal’s reputation.”
The employee who was fired had “created fake text messages to be used against other employees,” Kirk wrote.
Crystal Clanton got to know Ginny Thomas when she worked at Turning Point, and she was evidently so distraught about her departure from that group that she lived with the Thomases for nearly a year. So Thomas knows her well. He wrote a letter in connection with the Second Circuit investigation:
“I know Crystal Clanton and I know bigotry,” Thomas wrote. “Bigotry is antithetical to her nature and character.”
Clanton didn’t respond to the Times’s request for comment in the story they published today, but back in 2017 she told The New Yorker that “I have no recollection of these messages and they do not reflect what I believe or who I am, and the same was true when I was a teenager.”
So there the matter rests. The moral of the story, I suppose, is that the Left never forgets. No matter that she was cleared by an investigation by one of the nation’s courts of appeals; once the Left gets its hands on a smear it never lets go. It will never stop trying to destroy your life. And of course, The New Yorker and the New York Times are two of the worst offenders.
Also, what makes this old story worthy of the Times’s A section? Only the fact that Justice Thomas is involved. The Times doesn’t care about a law clerk of whom few people have heard, but it cares deeply about smearing the country’s top conservative African-American. But what, exactly, are we supposed to infer from the Times story? That Clarence Thomas is weirdly favorable to those who hate black people?
A final irony: Supreme Court justices have no doubt hired any number of clerks who have written and spoken favorably about DEI, which actually is racist. But there is no controversy there: on the contrary, endorsing that form of racism is a badge of honor.
The Supreme Court has held 9-0 that the Colorado Supreme Court erred in blessing the disqualification of Donald Trump from the state’s primary election ballot under section 3 of the Fourteenth Amendment. The Court’s opinion is per curiam. Justice Barrett concurs in part and concurs in the judgment. Justices Sotomayor, Kagan, and Jackson concur in the judgment (i.e., the result). The Court’s opinions are posted online here.
The Court’s per curiam opinion commanded a majority and its reasoning represents the law. It rests substantially on the exclusive power of Congress to enforce section 3 against candidates for federal office, “especially the presidency.”
Does the opinion leave open the possibility that Congress might refuse to certify Trump as president if he were to be elected president on the ground that he is guilty of insurrection? If Congress has not prescribed any means other than conviction of the crime of insurrection to make the determination underlying application of section 3, I doubt it. See opinion at 10. However, I may be mistaken. Perhaps the opinion cannot be read that broadly.
The opinion concludes (emphasis in original, citations omitted):
All nine Members of the Court agree with that result. Our colleagues writing separately further agree with many of the reasons this opinion provides for reaching it. So far as we can tell, they object only to our taking into account the distinctive way Section 3 works and the fact that Section 5 vests in Congress the power to enforce it. These are not the only reasons the States lack power to enforce this particular constitutional provision with respect to federal offices. But they are important ones, and it is the combination of all the reasons set forth in this opinion—not, as some of our colleagues would have it, just one particular rationale—that resolves this case. In our view, each of these reasons is necessary to provide a complete explanation for the judgment the Court unanimously reaches.
Read the whole thing here.
UPDATE: Although he characterizes it as a 5-4 decision, Andrew McCarthy supports my reading of the per curiam opinion: “What that means is that if Donald Trump were to win the presidential election, congressional Democrats would not be able — in the next January 6 joint session of Congress — to refuse to ratify his victory on the grounds that he is an insurrectionist. Under the Court’s holding, it is now a prerequisite to enforcement of the Section 3 disqualification that a person must have been convicted under the insurrection statute.”
Last week I observed in “Liberal Fragility” how liberal law professors supposedly break down in tears they are so depressed that the Supreme Court has taken a turn away from the palmy days of their beloved Warren Court (which, recall, Barack Obama once said did not go far enough in the direction of true “equality”). Just imagine how much Xanax is being ingested after yesterday’s Supreme Court ruling that leaves Trump on the ballot.
I expected something like this from Keith Olbermann:
Dissolve the Court! Remind me again who is the threat to democracy and trasher of “democratic norms”? Almost makes you long for the good old days of court-packing.
But I hadn’t expected that a supposed conservative could be equally idiotic, but then the side-effects of Trump Derangement Syndrome, for which there is no vaccine, appear to be even worse that I thought:
The Florida Supreme Court upheld a 15-week limit on abortion while also allowing a proposed amendment to enshrine the right to abortion in the state constitution to appear on the ballot.
The post Florida Supreme Court Upholds 15-Week Abortion Limit, But Voters Will Decide in November appeared first on Breitbart.
The state's high court upheld a 15-week limit on abortion and allowed a proposed abortion amendment to appear on the ballot in November.
The post Democrats Descend on Florida Following State Supreme Court Abortion Rulings appeared first on Breitbart.
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An executive subpoenaed in the House’s investigation of companies involved in so-called ESG policies claims conservative legal activist Leonard Leo is behind a “crusade” to stop the corporate practice.
ESG is an acronym for environmental, social, and governance practices that promote left-leaning activism among companies and corporations. The House Judiciary Committee is investigating numerous companies and organizations for potential violation of federal antitrust laws in collaborating on such practices.
Leo, long affiliated with The Federalist Society and currently co-chairman of its board, is well known in such conservative legal circles.
Andrew Behar, CEO of As You Sow, an ESG-advocating nonprofit, brought up Leo’s name in an interview Friday with the left-wing broadcast and internet program “Democracy Now!” hosted by Amy Goodman.
“Leonard Leo, he’s the, you know, co-chair of The Federalist Society—those are the folks, all of the right-wing judges, particularly the Supreme Court, but across the whole landscape—he was given $1.6 billion in mid-2022 to lead this crusade,” Behar said on “Democracy Now!”
“It’s a very orchestrated campaign,” he added.
Behar’s syntax may have been scrambled, but the CEO of As You Sow appeared to claim that Leo, backed by a $1.6 billion slush fund, is leading the charge against ESG investment policies.
Reached for this story, a spokesman for Leo said the conservative attorney had never heard of As You Sow and doesn’t respond to conspiracy theories.
Behar likely was referring to reports in 2022 from two left-leaning media outlets, The New York Times and ProPublica, that Chicago billionaire Barre Seid had donated $1.6 billion to various networks associated with Leo. But that donation extended well beyond ESG as a target of conservative advocacy.
>>> Related: Ted Cruz Slams Left’s Attacks on Leonard Leo as a ‘Full-on Assault on Our Constitution’
A source with knowledge of the House Judiciary Committee’s ESG probe was dismissive of the notion of shadowy motives behind it.
“To suggest that the committee is investigating As You Sow because of Leonard Leo is completely ridiculous and laughable,” the person, who asked not to be identified, told The Daily Signal. “It seems that As You Sow is scared of what the committee is uncovering and working overtime to save face for their lack of cooperation with the investigation.”
For his part, Behar said during the “Democracy Now!” interview that his organization provided 12,000 pages of documents to the House Judiciary Committee before getting another subpoena March 28.
>>> Related: ‘2 Things That Can’t Both Be True’: Tennessee AG Sues BlackRock Over ESG Deception
An August letter to As You Sow signed by Judiciary Chairman Jim Jordan, R-Ohio, and other committee members says:
We write because As You Sow is potentially violating U.S. antitrust law by entering into agreements to ‘decarbonize’ corporate assets and reduce emissions to net zero—with potentially harmful effects on Americans’ freedom and economic well-being.
As You Sow is a member of Climate Action 100+. Through Climate Action 100+, As You Sow appears to have colluded with other institutional investors to ‘work with the companies in which [they] invest to . . . deliver net zero [greenhouse gas] emissions by 2050. … Collusive agreements harm competition and consumers and are illegal under the Sherman Act.
The post ‘Ridiculous and Laughable’: Subpoenaed CEO Blames Conservative Legal Activist for ESG Probe appeared first on The Daily Signal.
A ballot initiative OK’d by the Florida Supreme Court perpetuates abortion advocates’ favored strategy of using vague definitions of “health” to expand abortion on demand.
Florida voters will face a referendum measure in November that would allow abortion up to the moment of birth if deemed “necessary to protect the patient’s health” after the state Supreme Court’s decision on Monday allowing the measure on the ballot.
Amendment 4, the so-called Amendment to Limit Government Interference With Abortion, is being pushed by a pro-abortion political committee, Floridians Protecting Freedom.
The proposal’s vague definition of “health” is similar to that of the U.S. Supreme Court’s 1973 decision in Doe v. Bolton, which defined “health” of the mother as “all factors” affecting the woman.
The Supreme Court held in Roe v. Wade that same year that states could issue no regulations for first-trimester abortions and some regulations for second-trimester abortions, but only for the purpose of protecting the “health” of the mother. In the third trimester, when the unborn child is viable, the since-overturned Roe allowed states to make abortion illegal contingent on the existence of exceptions to protect the mother’s life and “health.”
Doe v. Bolton, the lesser-known case decided on the same day as Roe, defined the “health” of the mother as “all factors” that affect the woman, including “physical, emotional, psychological, familial, and the woman’s age,” drastically expanding the allowable abortions legalized by Roe.
Florida’s Amendment 4 similarly would prohibit restrictions on abortion when “necessary to protect the patient’s health, as determined by the patient’s health care provider.”
The proposal would circumvent current state law protecting unborn children with a heartbeat. On the same day the Florida court approved the ballot initiative, it upheld a state law protecting unborn children from most abortions after 15 weeks, enabling a six-week abortion ban approved last year to take effect on May 1. Republican Gov. Ron DeSantis signed the six-week ban into law last April, but it couldn’t take effect unless the 15-week ban survived legal challenges in the state Supreme Court.
Because the text of the constitutional amendment contains no definition of “health” or “health care provider,” the measure would likely legalize abortion at any stage of the pregnancy if anyone who claims medical expertise asserts the mother would benefit from it physically, emotionally, or otherwise.
Florida statutes define a health care provider as “a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a podiatric physician licensed under chapter 461, or an advanced practice registered nurse registered under 464.0123.” If it receives 60% of the vote in November, the ballot initiative would allow any doctor, osteopath, podiatrist, or nurse to determine if a woman’s health could in any way benefit from ending the life of her unborn child.
Michigan voters legalized abortion up until birth with similarly vague language in a November 2022 ballot initiative. Proposal 3 prohibited laws against abortion if a “health care professional” deemed it to be “medically needed to protect a patient’s life or physical or mental health.”
Broad and unclear definitions of health have allowed half a century of violence against the unborn after Doe v. Bolton, and have ended thousands of lives in Michigan with the passage of Proposal 3.
In November, Florida voters will have the chance to stop another vague definition of health from turning the Sunshine State from one of the states with the most protections for the unborn to the most pro-abortion state in the South.
The post Pro-Abortion Ballot Initiative in Florida Aims to Trick Voters With Vague Definition of ‘Health’ appeared first on The Daily Signal.
The House seeks to reauthorize a controversial spy program when Congress returns from recess next week.
The post Speaker Johnson Hopes to Find Path to Reform Spy Powers appeared first on Breitbart.
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Senator Mark Kelly (D-AZ) said Tuesday on CNN's "The Lead " that it is fomer President Donald Trump's fault the Arizona’s Supreme Court upheld a 123-year-old penal code provision that bans nearly all abortions except to save the life of the mother.
The post Sen. Kelly: ‘Disaster’ Arizona Abortion Ban Because of Trump – He Could Go After Contraception Next appeared first on Breitbart.
Recently appointed 4th Circuit Judge Nicole Berner is legally married to the pro-abortion lawyer who represented Christine Blasey Ford, the woman who accused Supreme Court Justice Brett Kavanaugh of sexually assaulting her.
The Washington Post describes Berner as “the first openly gay judge and the first labor lawyer on the U.S. Court of Appeals for the 4th Circuit,” which covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina. Berner, who is also pro-abortion, formerly served as a staff attorney for Planned Parenthood, where she focused on “protecting and expanding access” to chemical abortion drugs.
Debra Katz represented Ford in her high-profile #MeToo accusations against Kavanaugh. In subsequent remarks, Katz said that her client was partially motivated to accuse Kavanaugh out of a desire to protect Roe v. Wade, the monumental Supreme Court case that was overturned in June 2022.
Ford recently reappeared in the national news cycle through the announcement of her upcoming book, “One Way Back,” a memoir about her experience accusing Kavanaugh.
Katz issued a joint statement at the time with fellow attorney Lisa Banks, saying, “Five years ago, Dr. Christine Blasey Ford’s courageous testimony changed the world. She told the truth to the United States Senate, she stood up to enormous public pressure, and she sparked a national reckoning on sexual assault. Her bravery empowered countless survivors to speak out and seek justice.”
“We are proud to have fiercely represented her during the Senate proceedings,” they added. “The impact of Dr. Blasey Ford’s testimony changed American culture. We stand beside Dr. Blasey Ford and all our brave clients who have come forward to hold powerful individuals accountable.”
The book was published on March 19, the same day that Berner was confirmed to the court. Representatives did not immediately share with The Daily Signal whether this was a coincidence.
During Berner’s nomination hearing in December, Republicans grilled her about her past statements and related political topics, including the Kavanaugh confirmation, according to The Washington Post.
“I believe Justice Kavanaugh, just like every other justice of the Supreme Court, was legitimately confirmed, and were I to be confirmed, I would follow his opinions and the opinions of every justice,” she told the Republicans present at the hearing.
“The role of a judge is a very different role than that of an advocate,” she added.
Pro-abortion groups like Planned Parenthood Action Fund celebrated her confirmation to the U.S. Court of Appeals for the 4th Circuit in late March in statements that suggest confidence that she will consistently side with abortion advocates.
Alexis McGill Johnson, the president and CEO of the Planned Parenthood Action Fund, said that Berner “knows firsthand the evolving state of our nation’s reproductive and other fundamental rights,” and Reproductive Freedom for All President and CEO Mini Timmaraju emphasized that Berner “understands that reproductive freedom is a fundamental right.”
CONFIRMED: Nicole Berner to the Fourth Circuit Court of Appeals
— Senate Judiciary Committee (@JudiciaryDems) March 19, 2024
Ms. Berner is a highly experienced litigator, as well as a steadfast advocate for workers’ rights, reproductive rights, and civil rights for all.
She’s also now the first LGBTQ+ judge to serve on this court. pic.twitter.com/2b980Mzdd3
Ford’s allegations against Kavanaugh sparked a media circus, stories filled with debunked anonymous sources, a Senate investigation, a highly televised Senate hearing, and more. The Senate Judiciary Committee ultimately found “no evidence” to corroborate the claims against the Supreme Court justice, who was confirmed to the court on Oct. 5, 2018.
“After an extensive investigation that included the thorough review of all potentially credible evidence submitted and interviews of more than 40 individuals with information relating to the allegations, including classmates and friends of all those involved, Committee investigators found no witness who could provide any verifiable evidence to support any of the allegations brought against Justice Kavanaugh,” the 414-page report says.
Katz has been described as “the feared attorney of the #MeToo movement.” She is a founding partner of Katz Banks Kumin LLP, where she focuses on sexual harassment and whistleblower retaliation.
In video footage obtained by the Daily Caller News Foundation in 2019, Katz revealed that putting “an asterisk next to” Kavanaugh’s name before “he takes a scalpel” to Roe v. Wade was “part of what motivated” Ford to speak out.
“In the aftermath of these hearings, I believe that Christine’s testimony brought about more good than the harm misogynist Republicans caused by allowing Kavanaugh on the court,” Katz explained in April 2019 at the University of Baltimore’s 11th Feminist Legal Theory Conference.
Why would a competent lawyer say this? I'm stunned. https://t.co/7oJcyOISEm
— Megan McArdle (@asymmetricinfo) September 4, 2019
“He will always have an asterisk next to his name,” Katz continued. “When he takes a scalpel to Roe v. Wade, we will know who he is, we know his character, and we know what motivates him, and that is important; it is important that we know, and that is part of what motivated Christine.”
The video was first reported by Ryan Lovelace in his book “Search and Destroy: Inside the Campaign Against Brett Kavanaugh.” The author told the Daily Caller News Foundation at the time that it calls into question everything that Ford and Katz have previously said on the matter.
Lovelace additionally suggested that had this information been known during the Kavanaugh hearings, there might have been different questions and different results. Ford had told the Senate Judiciary Committee that she came forward out of a sense of “civic duty.”
“Ford’s audience was not the Senate, as Katz had previously suggested, but the American people,” Lovelace wrote. “If they could be persuaded that Justice Kavanaugh was a predator, then they might not accept a future ruling by the five Republican-appointed justices altering the right to obtain an abortion established by Roe v. Wade.”
“Had the Senate understood Ford’s real motivation, as described by Katz, it might have appreciated more fully the pressure that ‘organized forces’ were applying,” he added.
Katz’s remarks at the Baltimore conference rang partially true: The notoriety of the Kavanaugh hearings caused Kavanaugh to become a target for protesting. In the days following the leak of the draft opinion indicating that Roe would soon be overturned, protesters repeatedly showed up outside Kavanaugh’s home where they yelled, sang, and chanted, often accusing him of being a rapist.
Shortly before Roe was overturned, authorities arrested a man near the Kavanaugh family home who said that he had traveled from California to kill the justice out of a desire to protect abortions in the United States. That man’s name is Nicholas Roske. Almost two years later, there is still no trail date or plea agreement in his case, as The Washington Free Beacon reported.
The post Newly Appointed 4th Circuit Judge Married to Pro-Abortion Christine Ford Lawyer appeared first on The Daily Signal.
Nigel Farage said the British people should be called on in a referendum to decide if the UK remains in the European Court of Human Rights.
The post Brexit 2.0? Farage Calls for Referendum on UK’s Membership in Deportation-Blocking European Court appeared first on Breitbart.
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Democrats are teeing up a ballot measure in Arizona that would practically ensure abortion until the moment of birth, after the Arizona Supreme Court held that a new state law regulating abortion after 15 weeks did not repeal an 1864 law that allowed abortion only to save the life of the mother.
The post Democrats Tee Up Abortion Until Birth After Arizona Supreme Court Follows Law as Written appeared first on Breitbart.
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As the first day of former President Donald Trump's hush money criminal trial came to an end, no jurors were selected out of almost a hundred prospective jurors after many of them said they lacked the ability to be impartial.
The post No Jurors Selected on Day One of Trump Hush Money Trial appeared first on Breitbart.
Grunge rock icon Courtney Love is no fan of Taylor Swift, calling the billionaire pop star "not interesting as an artist.”
The post Courtney Love Defies Taylor Swift Hype: ‘She’s Not Interesting as an Artist’ appeared first on Breitbart.
The Kremlin on Wednesday confirmed media reports from Azerbaijan that Russia will withdraw all of its utterly useless “peacekeepers” from the Nagorno-Karabakh region. The Russians did nothing while Azerbaijan used force to seize control of the area last year and ruthlessly conducted an ethnic cleansing campaign against the Armenian Christians who lived there.
The post Hayward: Russia Withdraws Useless ‘Peacekeepers’ from Nagorno-Karabakh After Ethnic Cleansing of Armenians appeared first on Breitbart.
The Supreme Court will decide if the Biden-Garland Justice Department’s “Ghost Gun” Rule violates the rights of law-abiding gun owners.
The post Supreme Court to Tackle Biden DOJ’s ‘Ghost Gun’ Rule appeared first on Breitbart.
CNN host Jake Tapper said Monday on his show "The Lead" that former President Donald Trump’s immunity argument was "crazy" because it would allow him to "do anything."
The post CNN’s Tapper: Trump’s Supreme Court Immunity Argument Is ‘Crazy’ appeared first on Breitbart.
Europe's highest rights body called on Britain to scrap a plan to deport asylum seekers to Rwanda, saying it raised "major issues".
The post Scrap Rwanda Migrant Resettlement Plan, Council of Europe Tells Britain appeared first on Breitbart.
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Supreme Court justices appeared split during oral arguments on Wednesday in a case surrounding the Biden administration’s attempt to require emergency room doctors to perform abortions under the Emergency Medical Treatment and Labor Act of 1986 (EMTALA).
The post Supreme Court Seems Split on Biden Mandating Emergency Room Abortions appeared first on Breitbart.
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I can’t tell you how many people I know who do not like former President Donald Trump yet nonetheless smell prosecutorial overreach in Manhattan.
Manhattan District Attorney Alvin Bragg has charged the former president with 34 felony counts of falsifying business records. Trump has pleaded not guilty.
The case began with Michael Cohen, Trump’s onetime fixer, making a “hush money” payment to the former adult film actress known as Stormy Daniels to keep her from revealing information about an alleged sexual relationship with Trump in 2006. Bragg used the fact that Cohen paid $130,000 to Daniels in 2016, when Trump was running for president, as a pretext to turn a moldy misdemeanor offense into a felony.
But is it even illegal? This trial showcases something rich men and big corporations have been doing for years—paying off mistresses or wronged staffers with cash settlements with little public scrutiny, thanks to nondisclosure agreements.
I don’t like it, but it’s not a crime.
On Tuesday, former National Enquirer publisher David Pecker testified that during a 2015 meeting in Trump Tower, he told Trump, Cohen, and campaign stalwart Hope Hicks that he wanted to help the Trump campaign, if behind the scenes.
What followed was “catch and kill,” the term for the scheme of paying to get dirt on a public figure, then killing the story, as happened with another alleged Trump gal pal, Karen McDougal. The National Enquirer paid her $150,000 for a story that never ran.
Trump has denied that anything extramarital occurred with McDougal and Daniels. But as Sen. Mitt Romney, R-Utah, told CNN, “You don’t pay someone $130,000 not to have sex with you.”
Back to Cohen. He’s a flawed witness to be sure, who in 2018 pleaded guilty to charges that included tax evasion and lying to Congress when he testified about Trump, his former master. Cohen was sentenced to three years in prison.
Then, last year, Cohen claimed that he lied when he admitted to tax evasion. A more careful prosecutor would not hang a case on an accomplished liar.
Given his capacity for self-pity and self-sabotage, it’s no surprise that Trump told reporters after the second day of trial, “I’m not allowed to defend myself.”
Trump also continued to throw shade at Judge Juan Merchan, whose gag order, Trump maintained, robbed him of his “right to free speech.” Trump also offered that Merchan “should recuse himself.”
Pecker testified that he was glad to help by running “positive stories about Mr. Trump,” as well as negative stories about his campaign rivals. I’m guessing many Big Media hotshots feel the same way—about President Joe Biden.
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The post Trump Faces 34 Felonies at Trial. But Was There a Crime? appeared first on The Daily Signal.
A majority of Supreme Court justices sympathized with Donald Trump's attorneys' arguments that a president does enjoy some level of immunity that endures past the term of office.
The post Supreme Court Poised to Agree with Trump: Former Presidents Are Immune from Some Prosecutions appeared first on Breitbart.
Presidential historian Douglas Brinkley said Thursday on MSNBC's "The Beat" that Justice Samuel Alito's comments about SEAL Team 6 were "mocking our military" during the Supreme Court oral arguments on former President Donald Trump's claim that he is immune from prosecution.
The post Brinkley: Justice Alito’s ‘Irresponsible’ SEAL Team 6 Comments ‘Mocking Our Military’ appeared first on Breitbart.
Representative Zoe Lofgren (D-CA) said Thursday on CNN's "The Lead" that the Supreme Court acted like "partisan hacks" during the oral arguments on Donald Trump's claim that he is immune from prosecution.
The post Dem Rep. Lofgren: Supreme Court Looked Like ‘Partisan Hacks’ During Trump Immunity Argument appeared first on Breitbart.
Princeton professor Eddie Glaude Jr. said Thursday on MSNBC's "José Díaz-Balart Reports" that the Supreme Court considering arguments in Donald Trump's presidential immunity case was "really American democracy in the balance."
The post Glaude on Trump Immunity Case: ‘This Is Really American Democracy in the Balance’ appeared first on Breitbart.
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