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We can't let this be the new normal.
Confirmed Judges Confirmed Fears tracks the damaging impacts of Trump-appointed judges around the country, and chronicles the decisions that hurt all of us.
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Approving freezing of billions in aid
Global Health Council v Trump
Trump DC Circuit judge Greg Katsas cast the deciding vote to permit the Trump Administration to continue to freeze and refuse to spend billions in needed foreign aid approved by Congress.
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Allowing DOGE access to sensitive data
AFT v Bessent
Trump Fourth Circuit judge Julius Richardson wrote a 2-1 decision that allows Trump’s Department of Government Efficiency (DOGE) to have access to government records containing sensitive personal data on millions of Americans, overruling a lower court decision to the contrary.
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Denying asylum application
Real v Attorney General
Trump Third Circuit judge David Porter cast the deciding vote not to consider an immigrant’s application for asylum even though the government had failed to notify him of his opportunity to seek such relief.
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Refusing to accommodate trans students
Kluge v Brownsburg Comm School Corp
Trump Seventh Circuit judge Michael Brennan, joined by Trump judge Amy St. Eve, issued a 2-1 decision that granted a jury trial to a public school teacher who claimed his religious beliefs require an exemption from a district policy that accommodates transgender students.
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Throwing out claim of excessive force by feds
Orellana v Deputy US Marshal
Trump Fourth Circuit judge Julius Richardson wrote a 2-1 opinion, joined by Trump judge Allison Rushing, that threw out an excessive use of force claim against federal officials, reversing a lower court judgment that allowed the claims to proceed.
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Voters cannot sue to gain assistance voting
Arkansas United v Thurston
Trump Eighth Circuit judge Steven Grasz wrote a unanimous decision that reversed a lower court and ruled that voters with disabilities cannot sue under the Voting Rights Act to obtain assistance in voting as the Act provides.
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State can't require foster parents to accept child's identity
Bates v Pakseresht
Trump Ninth Circuit judge Daniel Bress wrote a 2-1 decision holding that the state cannot require that foster parents accept and support the sexual orientation and gender identity of their foster children, reversing a district court decision to the contrary.
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Illegally firing agency leaders
Trump v. Boyle
In a shadow docket order issued on July 23, the Supreme Court’s MAGA majority issued yet another ruling handing Trump the power to break the law. In Trump v. Boyle, the majority let Trump’s firing of Democratic members of the Consumer Product Safety Commission without cause, in direct and undisputed violation of congressional statute, remain in effect while the commissioners’ lawsuit against Trump proceeds.
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Striking down limits on civil detention
CoreCivic Inc v Governor of New Jersey
Trump Third Circuit judge Stephanos Bibas wrote a 2-1 decision upholding a ruling striking down a New Jersey law that prohibits contracts to civilly detain immigrants within its borders.
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Requiring restitution despite lack of evidence
Wilson v Castaneda
Trump Seventh Circuit judge Michael Brennan cast the deciding vote to throw out a prisoner’s complaint that a disciplinary board improperly forced him to pay “up to $100,000” in restitution to the prison despite lack of specific evidence to support that figure.
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Dismantling Department of Education
McMahon v. New York
The Trump justices made possible a shadow docket decision letting the Trump administration dismantle the Education Department without congressional approval while litigation over that dismantling takes place.
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Ending nationwide injunctions
Trump v. CASA
With the three Trump justices making a 6-3 majority possible, the Supreme Court severely weakened federal courts’ ability to check a tyrannical president’s blatantly unconstitutional abuses of power. Less than two weeks after millions of Americans rose up to say “No Kings,” six justices essentially responded, “Yes Kings.”
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Upholding laws targeting trans people
U.S. v. Skrmetti
In U.S. v. Skrmetti, the Court upheld a state law making it illegal to give transgender minors critically important gender-affirming care. Chief Justice Roberts wrote the majority opinion for a 6-3 Court. The ruling against trans people was made possible by the three Trump justices.
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Striking down trans rights guidance
State of Texas v EEOC
Judge Matthew Kacsmaryk, who was nominated by Donald Trump to the district court for the Northern District of Texas, issued a ruling that struck down nationwide Equal Employment Opportunity Commission (EEOC) guidance protecting transgender workers from employment discrimination.
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Upholding library book ban
Little v. Llano County
An en banc Fifth Circuit court overruled precedent and ruled that Americans do not have a right to sue when public libraries engage in political censorship. The 10-7 decision was made possible by the court’s six Trump judges, who all voted with the majority.
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EEOC rule on abortion accommodation
State of Louisiana v EEOC
Judge David Joseph, nominated by Donald Trump to the federal district court for the Western District of Louisiana, struck down an Equal Employment Opportunity Commission (EEOC) rule mandating that employers accommodate employee healthcare related to abortions.
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Letting Trump fire independent board members
Trump v Wilcox
Trump Justices Neil Gorsuch, Amy Coney Barrett, and Brett Kavanaugh cast deciding votes in a 6-3 shadow docket ruling that reversed the DC Circuit and allowed Donald Trump, at least for now, to fire without cause officials at the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB.)
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Federal worker union rights
National Treasury Employees Union (NTEU) v Trump
Judge Justin Walker, nominated by Donald Trump to the DC Circuit, cast the deciding vote in a 2-1 order that reversed a lower court and allowed implementation of a Trump executive order to begin that deprives most federal workers of their union rights. Walker joined conservative George HW Bush nominee Karen LeCraft Henderson in the majority.
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Trump attack on Radio Free Europe
RFE/RL Inc v Lake
Judges Naomi Rao and Greg Katsas, both nominated by Donald Trump to the DC Circuit, joined a 2-1 decision that stayed a conservative lower court ruling that had kept funds flowing to Radio Free Europe and other government-sponsored media that the Trump Administration has tried to abolish.
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Weakening Voting Rights Act
Turtle Mountain Band of Chippewa Indians v Howe
Judge Jonathan Kobes, who was nominated by Donald Trump to the Eighth Circuit court of appeals, cast the deciding vote in a 2-1 decision that weakened the Voting Rights Act (VRA) by ruling that private individuals cannot sue under 42 U.S.C. 1983 to enforce violations of Section 2 of VRA.
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Approving AEA deportation
A.S.R. v. Trump
Judge Stephanie Haines, who was nominated by Donald Trump to the federal district court for the Western District of Pennsylvania, became the only federal judge in the country to explicitly authorize the Administration to use the Alien Enemies Act (AEA) to deport Venezuelan immigrants to El Salvador or elsewhere under a March proclamation by Trump. Haines’ ruling contradicts holdings by several other district judges who have rejected such requests, and the issue is likely to continue to be litigated, perhaps including in the Supreme Court.
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Decimation of Voice of America
Widakuswara v Lake
Judges Neomi Rao and Greg Katsas, each nominated by Donald Trump to the DC Circuit, joined in a 2-1 ruling that approved a major cut, to “the minimum level of operations required by statute,” to Voice of America (VOA) and other broadcast networks authorized by Congress. Judge Cornelia Pillard, who was nominated by President Obama, strongly dissented.
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