Murkowski Opposes Senate Vote On Supreme Court Nominee Before Election

Sen. Lisa Murkowski (R-AK)
Sen. Lisa Murkowski (R-AK) issued a statement on Sunday announcing she publicly opposes voting to confirm a new Supreme Court nominee to replace Justice Ruth Bader Ginsburg before the November election. From NBC News:

“For weeks, I have stated that I would not support taking up a potential Supreme Court vacancy this close to the election,” Murkowski said in a statement. “Sadly, what was then a hypothetical is now our reality, but my position has not changed.”

Murkowski joins Sen. Susan Collins, R-Maine, facing a tough re-election battle, in opposing taking up President Donald Trump’s forthcoming nominee to replace the late Justice Ruth Bader Ginsburg. Ginsburg died Friday at 87 from complications from pancreatic cancer.

“I did not support taking up a nomination eight months before the 2016 election to fill the vacancy created by the passing of Justice [Antonin] Scalia,” she continued. “We are now even closer to the 2020 election – less than two months out – and I believe the same standard must apply.”

Donald Trump has already announced he will nominate a new justice in the next few days, and Senate Majority Leader Mitch McConnell has pledged “President Trump’s nominee will receive a vote on the floor of the United States Senate.” McConnell can afford to lose three Republican votes and still confirm a Trump nominee, but four ‘no’ votes would force him to wait until a lame-duck session after the election. In a statement dictated to her granddaughter days before her death, Ginsburg said: “My most fervent wish is that I will not be replaced until a new president is installed.”

Sen. Susan Collins: Senate Should Not Vote On SCOTUS Nominee Prior To Election

Sen. Susan Collins (R-ME)
In the aftermath of the passing of Supreme Court Justice Ruth Bader Ginsburg, Sen. Susan Collins (R-ME) has issued a statement saying the Senate should not vote on a new SCOTUS justice before the upcoming presidential election.

“In order for the American people to have faith in their elected officials, we must act fairly and consistently – no matter which political party is in power.

“President Trump has the constitutional authority to make a nomination to fill the Supreme Court vacancy, and I would have no objection to the Senate Judiciary Committee’s beginning the process of reviewing his nominee’s credentials.

“Given the proximity of the presidential election, however, I do not believe that the Senate should vote on the nominee prior to the election.

“In fairness to the American people, who will either be re-electing the president or selecting a new one, the decision on a lifetime appointment the Supreme Court should be made by the president who is elected on November 3rd.”

Ruth Bader Ginsburg Discharged From Hospital “Doing Well”

Supreme Court Justice Ruth Bader Ginsburg (via Flickr/CC license)
Whew! Thank you universe! Supreme Court Justice Ruth Bader Ginsburg has been discharged from the hospital after being treated for a possible infection in her latest health scare. More from CNN:

“Justice Ginsburg has been discharged from the hospital,” a Supreme Court spokeswoman said in a statement Wednesday. “She is home and doing well.” Ginsburg had been taken to Johns Hopkins Hospital in Baltimore early on Tuesday “after experiencing fever and chills,” spokeswoman Kathleen Arberg said.

“She underwent an endoscopic procedure at Johns Hopkins this afternoon to clean out a bile duct stent that was placed last August,” Arberg said on Tuesday, announcing Ginsburg’s hospitalization. “The Justice is resting comfortably and will stay in the hospital for a few days to receive intravenous antibiotic treatment.”

Ginsburg’s quick discharge is the latest apparent dodge of a health scare for the 87-year-old justice, who has proven adept at continuing her job without interruption despite her health issues.

We need to wrap the Notorious RBG in bubble wrap and keep her safe. Not only do we need her sanity come the fall court season, but you know if the unspeakable were to happen, the Donald would be thrilled to nominate another far-right, uber-conservative nominee to the court.

Supreme Court: Manhattan DA Can See Trump Taxes, Congress Will Have To Wait

The current U.S. Supreme Court (image: public domain)
The Supreme Court on Thursday ruled that Manhattan District Attorney Cyrus R. Vance Jr. can see Donald Trump’s taxes and business records, but Congress will have to wait a bit longer. From the New York Times:

Vance is investigating whether the Trump Organization falsified business records to conceal hush payments to two women, including pornographic film actress Stormy Daniels, who alleged they had affairs with Trump years ago. Trump has denied those claims.

Vance is seeking Trump’s tax returns, among other records. The president has refused to make them public, unlike previous modern presidents. Because the records are for a grand jury investigation, they would not likely be disclosed before the election.

Separately, three House committees have sought bypass the president to obtain his financial records from his longtime accounting firm, Mazars USA, and financial institutions. The committees, all controlled by Democrats, say they are needed to check Trump’s financial disclosures and inform whether conflict-of-interest laws are tough enough.

In both cases, the justices ruled 7 to 2, with Trump nominees Neil M. Gorsuch and Brett M. Kavanaugh joining the majorities. Justices Clarence Thomas and Samuel A. Alito Jr. dissented.”

Predictably, Trump went on an epic Twitter rant claiming ‘Prosecutorial Misconduct!’

News Round-Up: July 8, 2020

Gustavo Naspolini (via Instagram)
Some news items you might have missed: • InstaHunks: Gustavo Naspolini (above) knows how to find his ‘post-beach/sunset light’ on the Rehoboth boardwalk. • Pink News: The Netherlands’ House of Representatives voted 124 to 26 in favor of a measure to amend the country’s constitution to add explicit protections based on sexual orientation. The measure now heads to the 75-seat upper chamber of the country’s Parliament. In 2001, the Netherlands was the first nation in the world to legalize marriage equality. • Brazil: President Jair Bolsonaro, the virulently anti-LGBTQ leader of the South American country who recently tested positive for COVID-19, told aides and visitors to his office that “Wearing masks is a faggot thing.” • WHJL: Sonya Holt, the homophobic Tennessee resident who became a viral sensation after footage of her harassing a Black Lives Matter protester went viral, has lost her job over her hideous behavior. Among other things, video captured Holt telling a protester, “You’re a gay homosexual piece of crap who’s going to burn in hell.” • The Advocate: In a decision that has broad implications for LGBTQ+ workers, the U.S. Supreme Court Wednesday ruled that federal anti-discrimination laws do not apply to teachers at church-sponsored schools if instruction in religion is part of their jobs. In recent years, there have been many teachers and other church employees fired for being LGBTQ+, often because they had married a same-sex partner. • Kenneth-in-the-212: Check out this deft parody of the now-infamous Corey Hannon, who took to the beaches of Fire Island this past weekend believing he had COVID-19. In a follow-up tweet, Chase shared that many of his followers on Twitter didn’t get the ‘parody’ part. LOL

Podcast: Supreme Court Victory, Virtual Pride Events, What To Watch This Week

The Randy Report podcast

The Randy Report podcast delivers the week's top stories in a quick, convenient podcast - 'the 60 Minutes of gay news - only shorter' In this special “All Good Gay News” Pride Edition podcast: • The US Supreme Court rules LGBTQ discrimination in the workplace is illegal • A federal judge ruled the daughter of a same-sex married couple was indeed born a US citizen after the State Dept tried to claim she was “born out of wedlock” • Pride celebrations may have been canceled, but here’s a list of virtual Pride events you can attend from your own home HBO’s ‘Human By Orientation’ Them’s ‘Out Now Live’ Global Pride 2020 • Two awesome coming out stories – one from a Grammy-nominated recording artist, another from a world-class athlete • What to watch this week including Netflix’s ‘The Politician,’ HBO’s ‘Bully. Coward. Victim. The Story of Roy Cohn’ and the Obie Award-winning ‘The Night Larry Kramer Kissed Me’ All that and more in this episode of The Randy Report.

Supreme Court Blocks Trump Administration’s Plan To End DACA

Donald Trump

In a 5-4 decision, the U.S. Supreme Court has ruled that the Trump administration cannot move forward with plans to end the Deferred Action for Childhood Arrivals program, which has enabled an estimated 800,000 young people, known as ‘Dreamers,’ to remain in the United States. The decision represents a huge rebuke of Donald Trump’s immigration policy, which has been central to his presidency since he announced his run for office in 2015. According to the majority opinion, the administration failed to give an adequate justification for ending the federal program. From the New York Times:

The court’s ruling was a blow to one of President Trump’s central campaign promises — that as president he would “immediately terminate” an executive order by former President Barack Obama that Mr. Trump had called an illegal executive amnesty for hundreds of thousands of young immigrants.

Chief Justice John G. Roberts Jr. wrote the majority opinion, joined by the court’s four more liberal members in upholding the program, Deferred Action for Childhood Arrivals, or DACA.

“We do not decide whether DACA or its rescission are sound policies,” the chief justice wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”

As the ruling notes, the decision didn’t rule on the legality of ending DACA, just that the Trump administration hadn’t followed proper procedures. Several pundits have shared the ruling could be used as a ‘road map’ for Trump to re-submit his executive order with more success. Trump has since announced he plans to do exactly that. This is the second ruling this week from the high court that decided against the Trump administration. On Monday, SCOTUS ruled that LGBTQ people are protected in the workplace by existing federal civil rights laws. It’s notable that Chief Justice Roberts voted in the majority in that decision as well. The Trumpster was, of course, not happy.

News Round-Up: June 15, 2020

Some news items you might have missed: • SCOTUS: I’m still on cloud nine over today’s landmark ruling by the Supreme Court that current civil rights laws prohibit discriminating against LGBTQ people in the workplace. Read my post on the momentous ruling here. • Instinct Magazine: The Episcopal Diocese of Missouri now officially has a gay Black man in charge. The Rt. Rev. Deon K. Johnson, who is not only Black and gay but also a married Barbadian-immigrant and father of two children, was elected in a landslide of 115 votes out of 164. As the 11th bishop for the diocese, he represents 42 parishes in the Eastern half of Missouri. • Quibi: The new streaming app premieres its new program from ’60 Minutes’ titled, ‘60 in 6.’ Stories include features, investigations, and profiles in 6-10 minutes. In this episode, Wesley Lowery takes you to Minneapolis to go in-depth, in minutes. Download Quibi here and try it out for two weeks for free.

Out Music: Heather Mae and Crys Matthews’s new single “6 Feet Apart” showcases the phenomenal talent of the award-winning Mae (who has been described as Stevie Nicks meets Sara Bareilles) and the unique fusion of Matthews’ Americana folk/jazz sound. In addition to the new single, the duo has announced their LGBTQ+ virtual Pride concert tour, “The Singing OUT Tour,” with dates scheduled throughout the month of June. The concerts will feature not only music but games and giveaways as well.

CBS News: Donald Trump is expected to sign an executive order on policing Tuesday that aims to accomplish three things — to incentivize police departments to use modernized best practices, to increase information sharing by tracking people who have “excessive” use-of-force complaints, and to address mental health, homelessness, and addiction. • Philadelphia Inquirer: A Philadelphia court supervisor has been fired after a video surfaced on Monday of him tearing down Black Lives Matter protest signs made by children at a South Philadelphia park.

Historic: Supreme Court Rules Firing Employees For Being LGBTQ Is Illegal

The current U.S. Supreme Court (image: public domain)
In a major victory for LGBTQ rights, the U.S. Supreme Court issued a historic decision Monday morning ruling that current federal law prohibits discrimination against workers for being LGBTQ, finally putting into place long-sought federal protections for LGBTQ people in the workplace. The ruling, a 6-3 decision, finds that anti-LGBTQ discrimination is a form of sex discrimination, which is banned under Title VII of the Civil Rights Act of 1964, according to ScotusBlog. The ruling comes only three days after the Trump Administration chose to roll back healthcare protections for LGBTQ individuals during Pride Month and on the anniversary of the Pulse Nightclub massacre in Orlando, Florida where 49 individuals were murdered in a gay nightclub. Donald Trump’s administration had filed a brief with the Supreme Court urging the justices to rule that it’s legal to fire workers because of their sexual orientation. The court heard oral arguments for 3 consolidated cases last October. Two cases involved gay men who were fired from their jobs — Zarda v. Altitude Express and Bostock v. Clayton County – and a third involving a transgender woman who lost her job, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission.  U.S. Associate Justice Neil Gorsuch, one of the most conservative members of the high court, wrote for the majority, “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.” From the ruling:

A statutory violation occurs if an employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee. Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII. There is no escaping the role intent plays: Just as sex is necessarily a but-for cause when an employer discriminates against homosexual or transgender employees, an employer who discriminates on these grounds inescapably intends to rely on sex in its decisionmaking.

The five other justices agreeing in concert with Gorsuch are U.S Chief Justice John Roberts, U.S. Associate Justice Ruth Bader Ginsburg, U.S. Associate Justice Elena Kagan, U.S. Associate Justice Sonia Sotomayor and U.S. Associate Justice Stephen Breyer. Traditionally conservative-leaning U.S. Associate Justices Samuel Alito, Clarence Thomas, and Brett Kavanaugh issued a dissenting decision.  

This is the most extraordinary court victory for LGB Americans since the 2015 Obergefell ruling which made marriage equality the law of the land. And this is the biggest legal decision for transgender Americans in the history of the nation. LGBTQ advocacy groups chimed in on the good news. From GLAAD President & CEO Sarah Kate Ellis:

“The Supreme Court’s historic decision affirms what shouldn’t have even been a debate: LGBTQ Americans should be able to work without fear of losing jobs because of who they are. The decision gives us hope that as a country we can unite for the common good and continue the fight for LGBTQ acceptance,” said GLAAD President & CEO Sarah Kate Ellis. “Especially at a time when the Trump Administration is rolling back the rights of transgender people and anti-transgender violence continues to plague our nation, this decision is a step towards affirming the dignity of transgender people and all LGBTQ people.”

Amit Paley, CEO and Executive Director of The Trevor Project, the world’s largest suicide prevention and crisis intervention organization for LGBTQ young people:

“This landmark decision will save lives. At The Trevor Project, we hear from LGBTQ youth every day who suffer from discrimination and harassment, and our research demonstrates that those who experienced LGBTQ-based workplace discrimination were twice as likely to have attempted suicide in the past year compared to those who did not. By recognizing that LGBTQ workers cannot be discriminated against because of who they are, the Supreme Court has sent a resounding message to LGBTQ youth everywhere that they are free to pursue their talents and dreams.”

Executive Director of OutRight Action International, Jessica Stern, comments:

“The Supreme Court stating explicitly that under the Civil Rights Act discrimination based on sex includes discrimination based on sexual orientation and gender identity is a tremendous victory. The decision comes at a time when the Trump administration has been viciously attacking the rights of LGBTIQ people, in particular trans people. It will protect millions of Americans from discrimination in the workplace, and sends a powerful message – that political power-play can not erase basic human rights. This judgment will have implications for LGBTIQ people everywhere – governments and movements are inspired by each other, and landmark judgments are quoted by courts across the world. OutRight welcomes, and celebrates this ruling!”

Tarah Demant, Director of the Gender, Sexuality, and Identity Program at Amnesty International USA, released the following statement:

“The Supreme Court now has upheld the most basic value of equality, a human right that every one of us deserves. We celebrate the court decision that recognizes that non-discrimination in the workplace applies to everyone, no matter their sex, sexuality, or gender identity—and we celebrate with LGBTQI people who have long waited for equal recognition under the law.”

From the National Center for Lesbian Rights (NCLR) Executive Director Imani Rupert-Gordon:

“For the first time, this historic decision ensures that LGBTQ people have nationwide employment protection and represents a monumental step that will help to create a safer working environment for everyone. During a global health crisis and a growing nationwide movement to focus on supporting and protecting Black Lives – particularly Black transgender lives – against systematic racism and violence, this historic ruling is both uplifting and encouraging. However, we know that our work is far from complete, and the fight for full LGBTQ equality continues.”

From Shannon Minter, Legal Director of NCLR:

“This is a huge victory not just for LGBTQ people, but for our country, which benefits enormously when LGBTQ people are permitted to participate and contribute on equal terms. Today’s decision will be remembered as a watershed in the history of LGBTQ rights, even as our country continues to grapple with the brutal legacy of racism. The transgender movement owes a particular debt of gratitude to Aimee Stephens, who courageously fought this battle in the months of her life.”

Human Rights Campaign President Alphonso David:

“This is a landmark victory for LGBTQ equality. No one should be denied a job or fired simply because of who they are or whom they love. For the past two decades, federal courts have determined that discrimination on the basis of LGBTQ status is unlawful discrimination under federal law. Today’s historic ruling by the Supreme Court affirms that view, but there is still work left to be done. In many aspects of the public square, LGBTQ people still lack non-discrimination protections, which is why it is crucial that Congress pass the Equality Act to address the significant gaps in federal civil rights laws and improve protections for everyone.”

Rea Carey, Executive Director for National LGBTQ Task Force:

“At this most challenging time for our community, the country and the world, it is heartening to see the Court decision bolstering fairness and equality in this country by affirming that LGBTQ+ people are protected from employment discrimination under federal law. Every person celebrating this ruling has decades of work by Black and Brown trans members of our community, in particular, to thank for the ability to work free from discrimination. And while this is a watershed moment for fairness and equality our struggle for LGBTQ liberation, we still have work to do. We must close critical gaps in nondiscrimination protections. For example, it is still legal to discriminate against LGBTQ+ people in federally funded programs, including hospitals, colleges, and adoption agencies as well as discriminate against LGBTQ+, women and others in public accommodations including hotels and restaurants. It is critical that Congress join with the Supreme Court and the overwhelming majority of Americans to pass full federal non-discrimination protections for LGBTQ+ people.

Aimee Stephens, Who Took Transgender Rights Case To Supreme Court, Dies At 59

Aimee Stephens (image via GoFundMe)
NBC News reports that Aimee Stephens, the transgender funeral home worker whose firing led to legal proceedings that ended up at the U.S. Supreme Court, died Tuesday of renal failure. She was 59. The ACLU, which has been handling her case, announced the news on Twitter. In 2013, Stephens came out as transgender to her employer and was subsequently fired. Stephens sued and her case, Stephens v. R.G. & G.R. Harris Funeral Home, became part of a combined LGBTQ employment rights case. The high court heard oral arguments in October. In doing so, Stephens became the first transgender person to have their case heard in the highest court of the land.

A ruling from SCOTUS could be handed down any day now which could affect the employment rights of transgender people across the entire U.S. Years of kidney disease took its toll on Stephens and she required lengthy dialysis treatments. A GoFundMe campaign was launched last week to fundraise for her end-of-life costs.