The Latest
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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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Tried to limit post-conviction relief
Nalls v. Vanney
Trump Fifth Circuit Judge James Ho's dissent excused a lower court's abuse of discretion when it failed to grant equitable tolling to an individual seeking post-conviction relief of a decision against him.
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Harmed immigrants' rights
Department of Homeland Security v. New York
Trump Supreme Court Justices Gorsuch and Kavanaugh cast the deciding votes to allow the Trump administration to implement its revised public charge rule to deny immigrants permanent residency if they have applied for public benefits while the case is appealed.
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Rejecting on-the-job injury claim
Henry v. CMBB, LLC
Trump Sixth Circuit Judge John Nalbandian cast the deciding vote to dismiss a worker's claim that her employer's deliberate action resulted in a devastating workplace injury that led to the amputation of both her arms.
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Intimidated protest organizers
Doe v. Mckesson
Trump Fifth Circuit Judges Oldham, Engelhardt, and Ho cast the deciding votes to deny rehearing of a ruling against a Black Lives Matter activist that threatens to strip protesters of their First Amendment rights.
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Restarted border wall
El Paso County, Texas v. Trump
Trump Fifth Circuit Judge Andrew Oldham cast the deciding vote to stay a district court's nationwide injunction against Trump spending $3.6 billion on his border wall and to deny a request for expedited treatment, enabling Trump to spend these funds for a number of months, despite the injunction.
Judges
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Tried to limit prisoner safety claim
Lewis v. Siwicki
Trump Second Circuit Judge Michael Park tried to reverse a decision that gave an imprisoned man the chance to prove that prison officials were deliberately indifferent to his safety, which resulted in a severe attack against him.
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Upheld unfair billing
Faber v. Ciox Health LLC
Trump Sixth Circuit Judge John Nalbandian cast the deciding vote to affirm a district court decision dismissing consumer claims against a company that overcharged for copies of medical records from medical providers.
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Allowed unreasonable police stops
U.S. v. Darrell
Trump Fifth Circuit Judge James Ho cast the deciding vote to uphold a police stop-and-frisk without a specific and articulable basis, threatening people's constitutional right to go about their lives free from arbitrary police interference.
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Dismissed claim of police abuse
Reich v. City of Elizabethtown
Trump Sixth Circuit Judge Amul Thapar cast the deciding vote to dismiss a woman's claim that police wrongfully used excessive force in shooting and killing her fianc�e, a decision that also threatens other victims of police violence, particularly those with similar mental illnesses.
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Struck down the ACA's individual mandate
Texas v. U.S.
Trump Fifth Circuit Judge Kurt Engelhardt casts the deciding vote in a lawless 2-1 panel decision finding the ACA's individual mandate unconstitutional and remanding the case to determine if that means the law should be struck down in its entirety.
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Would uphold unfair death penalty
Kayer v. Ryan
Trump Ninth Circuit Judges Bade, Bennett, Bress, Collins, Lee, and Nelson dissented from an en banc rehearing denial regarding a death penalty case where the court remanded the case due to ineffective assistance of counsel.
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Conditions of confinement
Thomas v. Tice
Trump Third Circuit Judge David Porter authors an opinion affirming the dismissal of a man's challenge to the conditions of his confinement as violating the Eighth Amendment's prohibition against cruel and unusual punishment
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Harmed immigrants' rights
Castillo-Crespo v. Barr
Trump Ninth Circuit Judge Kenneth Lee dissented from a majority decision that remanded a Board of Immigration Appeals (BIA) decision for removal after determining that the individual was not notified that departure from the country would waive his right to appeal.
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Trying to uphold anti-panhandling law
Rodgers v. Bryant
Trump Eighth Circuit Judge David Stras tried to reverse a preliminary injunction against statewide enforcement of an anti-panhandling law aimed at poor people, based largely on 18th century English law.
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