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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Let president fire independent agency heads
Collins v. Mnuchin
Trump Fifth Circuit Judge Don Willett casts deciding vote to strike down a federal statute that provided that the president could fire the head of an independent federal housing finance agency, the Federal Housing Finance Agency (FHFA), only for cause.
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Allowing employment discrimination
Bostock v. Clayton County Board of Commissioners
Trump Eleventh Circuit Judges Newsom and Branch ignore one of the Supreme Court's most important Title VII precedents and allow an employee to be discriminated against due to his sexual orientation.
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Discrimination against transgender students
Doe v. Boyertown Area School District
Trump Third Circuit Judge Stephanos Bibas would interpret Title IX to simply permit rather than require schools not to discriminate against transgender students regarding use of locker room and bathroom facilities.
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Enabled voter discrimination
Abbott v. Perez
Trump Supreme Court Justice Neil Gorsuch joined his fellow right-wing justices in upholding Texas Congressional and State House redistricting schemes that a three-judge lower court had unanimously found had been adopted with the intent to discriminate against people of color.
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Weakened antitrust protections
Ohio v. American Express Co.
Trump Supreme Court Justice Neil Gorsuch was the deciding vote stating that American Express' "anti-steering provisions,"� which prohibit merchants from encouraging customers to use other credit cards that have lower fees, do not violate antitrust laws, even though they result in higher prices for consumers.
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Struck down union support
Janus v. AFSCME
Trump Supreme Court Justice Neil Gorsuch was the deciding vote to strike down requirements that public sector employees who are not members of the unions that are required by law to represent them pay "fair share" fees to cover the costs of that representation.
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Ended class actions for workers
Epic Systems Corp. v. Lewis
Trump Supreme Court Justice Neil Gorsuch and the hard-right majority on the Supreme Court stripped working people of a vitally important right that Congress specifically guaranteed in the National Labor Relations Act (NLRA): the right to engage in concerted activities for mutual aid or protection (basically, class actions).
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Threw voters off the rolls
Husted v. A Philip Randolph Institute
Trump Supreme Court Justice Neil Gorsuch joined the majority in upholding Ohio's voter purge practice triggered by non-voting throwing more than a million voters off the voting rolls and perpetuated a practice that Justice Sotomayor argued in her dissent would further the disenfranchisement of people of color and low-income voters.
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Ineffective assistance of counsel
U.S. v. Sitzmann
Trump D.C. Circuit Judge Gregory Katsas rejects claim of ineffective assistance of counsel despite explanation by dissent that majority's failure to send back to trial court for factual review is a clear "departure from the law of the circuit."
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Attempted restrictions of abortion
Planned Parenthood of Indiana v. Commissioner
Trump Seventh Circuit Judges Barrett and Brennan joined a dissent that argued a state should be able to restrict abortion when the reason for that choice is the fetus's gender, race, sex, national origin or disability (including life-threatening disabilities).
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Rejecting claim of improper arbitration
Webb v. Financial Industry Regulatory Authority
Trump Seventh Circuit Judge Amy Coney Barrett dismisses a case against an arbitration board which improperly conducted the former employees' arbitration against the employer.
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Rejected prisoner litigation
Saunders v. Sheriff of Brevard County
Trump Eleventh Circuit Judge Kevin Newsom votes to dismiss a lawsuit by a person in jail awaiting trial alleging that he had been subjected to unconstitutional and inhumane conditions of confinement, including grossly unsanitary conditions.
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Harmed immigrant
U.S. v. Fuentes-Canales
Trump Fifth Circuit Judge Don Willett votes to allow a prison sentence of more than four years to Carlos Alberto Fuentes-Canales, who was convicted of re-entering the United States illegally even though the lower court had committed "plain error" in handing down the sentence.
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