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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Harmed immigrants
East Bay Sanctuary Covenant v. Barr
Trump Ninth Circuit Judge Mark Bennett cast the deciding vote to partly reverse a lower court order and allow the new Trump administration rule that bars almost all Central and South American asylum seekers at the U.S.-Mexico border to go into effect, except in California and Arizona, while a challenge to the rule is pending.
Judges
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Dissent would harm immigrant
Lin v. Attorney General
Trump Third Circuit Judge David Porter dissents from ruling by Reagan and Bush judges and tries to uphold denial of asylum claim despite agency failure to meaningfully consider evidence of abhorrent Chinese practices violating reproductive freedom, threatening many immigrants.
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Would weaken federal protections
Faludi v. U.S. Shale Solutions LLC
Trump Fifth Circuit Judge James Ho tried to give a lawyer paid $1,000 per day a chance to get overtime pay and to revive the dangerous nondelegation doctrine, which would invalidate crucial federal workers' rights and other rules.
Judges
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Struck down law protecting farmers
Association of Equipment Manufacturers v. Burgum
Trump Eighth Circuit Judge David Stras cast the deciding vote to affirm a preliminary injunction that suspended a North Dakota law that sought to protect farm equipment dealers and the farming community from equipment manufacturers' improper practices.
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Tried to limit foster parents' claims
New York State Citizens Coalition v. Poole
Trump 2nd Cir judges Sullivan, Bianco and Park join dissent trying to prevent foster parents from suing for adequate funds to care for foster children, threatening the welfare of more than 25,000 foster children in New York, as well as those in Connecticut and Vermont
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Weakened fraud protection
FTC v. Credit Bureau Center
Trump Seventh Circuit Judges Barrett, Brennan, Scudder, and St. Eve join ruling prohibiting the Federal Trade Commission (FTC) from seeking restitution for defrauded consumers, empowering corporations' deceptive and fraudulent practices and seriously harming consumers in Illinois, Indiana, and Wisconsin.
Judges
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Allowed police to break in to private home
Butler v. City of Detroit
Trump Sixth Circuit Judges Larsen and Readler dismissed a homeowner's suit against a police officer for an unconstitutional break-in to his home, even though there was evidence the officer had gotten the search warrant based on a reckless disregard for the truth or even a deliberate falsehood.
Judges
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Conservative political rant
CIC Services v. IRS
Trump Sixth Circuit Judges Bush, Larsen, Murphy, Nalbandian, Readler, and Thapar use dissent in IRS disclosure case to rail against the federal government and the authority of Congress to effectively address national problems.
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Age discrimination
U.S. EEOC v. JC Wings Enterprises
Trump Fifth Circuit Judge Andrew Oldham casts deciding vote to prevent fired restaurant manager from seeking a remedy for his employer's retaliation against him for raising an age discrimination issue, yet another example of Trump judge rulings against working people .
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Ruled against prisoner claim
Marbury v. Warden
Trump Eleventh Circuit Judge Elizabeth Branch's deciding vote to dismiss a man's claim that prison officials were delliberately indifferent to his concerns over prison violence, which culminated in him being severely stabbed, condones conduct that perpetuates prison violence.
Judges
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Tried to limit suits against police officers
Cole v. Carson
Trump Fifth Circuit Judges Ho, Willett, Duncan, and Oldham dissent from ruling, joined by Trump Judge Engelhardt, to try to prevent trial on police officers' use of excessive force in shooting a suicidal teenager, threatening ability to hold police accountable when they violate the law.
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Tried to enable fraud
In re: Willis Tower Watson Proxy Litigation
Trump Fourth Circuit Judge Marvin Quattlebaum dissents from ruling allowing securities class action to go forward, trying to prevent shareholders from getting a remedy for false and misleading corporate statements and threatening to more generally harm consumers and help corporations.
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Limited police officer liability
Cantu v. Moody
Trump Fifth Circuit Judge Andrew Oldham prevents accountability and damages against FBI agents whose lies and fabrication of evidence resulted in a person's imprisonment, harming the cause of law enforcement accountability.
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Trying to reverse grant of search warrant
U.S. v. Clark
Trump Seventh Circuit Judge Michael Scudder would have denied the defendant a hearing to contest a warrant's validity despite evidence that a police officer recklessly or even intentionally failed to disclose vital information that undercut his case for a search warrant.
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Tried to limit protection of homeless
Manning v. Caldwell
Trump Fourth Circuit Judges Quattlebaum and Richardson joined a harsh dissent where the full court majority decided 8-7 that a challenge can proceed to a Virginia law that targets people who are homeless and struggle with alcoholism for arrest and imprisonment.
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Granted qualified immunity to police
Corbitt v. Vickers
Trump Eleventh Circuit Judge Elizabeth Branch cast the deciding vote to reverse a lower court decision and rule that a police officer should be immune from being sued for shooting and injuring a 10-year-old boy after the police had already apprehended an unarmed suspect in the boy's yard.
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Limits on suits against police
Overbey v. Mayor & City Council of Baltimore
Trump Fourth Circuit Judge Marvin Quattlebaum dissented in a ruling that declared unconstitutional a provision that the City of Baltimore used in most police abuse settlements that required survivors of police violence to refrain from discussing the case publicly on pain of losing half the settlement amount.
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Prosecuted pregnant woman for manslaughter
U.S. v. Flute
Trump Eighth Circuit Judge David Stras cast the deciding vote that a woman could be charged with manslaughter for using drugs while she was pregnant, which helped cause the death of her newborn child.
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