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Supreme Court makes it easier to claim ‘reverse discrimination’ in employment
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2025/06/05 11:49
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A unanimous Supreme Court made it easier Thursday to bring lawsuits over so-called reverse discrimination, siding with an Ohio woman who claims she didn’t get a job and then was demoted because she is straight.
The justices’ decision affects lawsuits in 20 states and the District of Columbia where, until now, courts had set a higher bar when members of a majority group, including those who are white and heterosexual, sue for discrimination under federal law.
Justice Ketanji Brown Jackson wrote for the court that federal civil rights law draws no distinction between members of majority and minority groups.
“By establishing the same protections for every ‘individual’ — without regard to that individual’s membership in a minority or majority group — Congress left no room for courts to impose special requirements on majority-group plaintiffs alone,” Jackson wrote.
The court ruled in an appeal from Marlean Ames, who has worked for the Ohio Department of Youth Services for more than 20 years.
Though he joined Jackson’s opinion, Justice Clarence Thomas noted in a separate opinion that some of the country’s “largest and most prestigious employers have overtly discriminated against those they deem members of so-called majority groups.”
Thomas, joined by Justice Neil Gorsuch, cited a brief filed by America First Legal, a conservative group founded by Trump aide Stephen Miller, to assert that “American employers have long been ‘obsessed’ with ‘diversity, equity, and inclusion’ initiatives and affirmative action plans.”
Two years ago, the court’s conservative majority outlawed consideration of race in university admissions. Since taking office in January, President Donald Trump has ordered an end to DEI policies in the federal government and has sought to end government support for DEI programs elsewhere. Some of the new administration’s anti-DEI initiatives have been temporarily blocked in federal court.
Jackson’s opinion makes no mention of DEI. Instead, she focused on Ames’ contention that she was passed over for a promotion and then demoted because she is heterosexual. Both the job she sought and the one she had held were given to LGBTQ people.
Title VII of the Civil Rights Act of 1964 bars sex discrimination in the workplace. A trial court and the 6th U.S. Circuit Court of Appeals ruled against Ames.
The 6th circuit is among the courts that had required an additional requirement for people like Ames, showing “background circumstances” that might include that LGBTQ people made the decisions affecting Ames or statistical evidence of a pattern of discrimination against members of the majority group.
The appeals court noted that Ames didn’t provide any such circumstances.
But Jackson wrote that “this additional ‘background circumstances’ requirement is not consistent with Title VII’s text or our case law construing the statute.” |
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Cuban exiles were shielded from deportation. Now Trump is cracking down
Headline Topics |
2025/05/25 07:42
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Immigration officials said Tomás Hernández worked in high-level posts for Cuba’s foreign intelligence agency for decades before migrating to the United States to pursue the American dream.
The 71-year-old was detained by federal agents outside his Miami-area home in March and accused of hiding his ties to Cuba’s Communist Party when he obtained permanent residency.
Cuban-Americans in South Florida have long clamored for a firmer hand with Havana and the recent apprehensions of Hernández and several other former Cuban officials for deportation have been extremely popular among the politically powerful exile community.
“It’s a political gift to Cuban-American hardliners,” said Eduardo Gamarra, a Latin American expert at Florida International University. But many Cubans fear they could be next on Trump’s list, he said, and “some in the community see it as a betrayal.”
While President Donald Trump’s mass deportation pledge has frightened migrants from many nations, it has come as something of a shock to the 2.4 million Cuban-Americans, who strongly backed the Republican twice and have long enjoyed a place of privilege in the U.S. immigration system.
Amid record arrivals of migrants from the Caribbean island, Trump in March revoked temporary humanitarian parole for about 300,000 Cubans. Many have been detained ahead of possible deportation.
Among those facing deportation is a pro-Trump Cuban rapper behind a hit song “Patria y Vida” — “Homeland and Life” — that became the unofficial anthem of anti-communist protests on the island in 2021 and drew praise from the likes of then Republican Sen. Marco Rubio, now Secretary of State. Eliéxer Márquez, who raps under the name El Funky, said he received notice this month that he had 30 days to leave the U.S.
Thanks to Cold War laws aimed at removing Fidel Castro, Cuban migrants for many decades enjoyed almost automatic refugee status in the U.S. and could obtain green cards a year after entry, unlike migrants from virtually every other country.
Support for Trump among likely Cuban-American voters in Miami was at an all-time high on the eve of last year’s election, according to a poll by Florida International University, which has been tracking the Cuban-American community since 1991. Trump rarely mentions Cubans in his attacks on migrant targets including Venezuelans and Haitians. That has given many Cubans hope that they will remain immune to immigration enforcement actions.
Democrats, meanwhile, have been trying to turn the immigration crackdown to their advantage. In April, grassroots groups erected two giant billboards on Miami highways calling Rubio and Republican Reps. Mario Díaz-Balart, María Elvira Salazar and Carlos Giménez “traitors” to the Cuban-American community for failing to protect tens of thousands of migrants from Trump’s immigration policies.
In March, Giménez sent Homeland Security Secretary Kristi Noem a letter with the names of 108 people he said were former Cuban state agents or Communist Party officials living unlawfully in the U.S.
“It is imperative that the Department of Homeland Security enforce existing U.S. laws to identify, deport and repatriate these individuals who pose a direct threat to our national security, the integrity of our immigration system and the safety of Cuban exiles and American citizens alike,” Giménez wrote, adding that the U.S. remains a “beacon of hope and freedom for those escaping tyranny.”
Giménez’s target list was compiled by Luis Dominguez, who left Cuba in 1971 and has made it his mission to topple Cuba’s government. In 2009, when the internet was still a novelty in Cuba, Dominguez said he posed as a 27-year-old female sports journalist from Colombia to lure Castro’s son Antonio into an online romance.
With support from the right-wing Foundation for Human Rights in Cuba, he started combing social media and relying on a well-oiled network of anti-socialist sources, inside Cuba and outside the country, to dox officials allegedly behind human rights abuses and violations of democratic norms. To date, his website, Represores Cubanos — Cuban Repressors — has identified more than 1,200 such state agents, some 150 in the United States.
“They’re chasing the American dream, but previously they condemned it while pursuing the Cuban dream,” Dominguez said. “It’s the typical double life of any Communist regime. When they were in power they criticized anything about the U.S. But now that they’re here, they love it.”
Dominguez, 62, said he regularly shares his findings with federal law enforcement but a spokesman for U.S. Immigration and Customs Enforcement didn’t comment on the agency’s relationship with the activist.
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Arizona prosecutors ordered to send fake elector case back to grand jury
Headline Topics |
2025/05/21 08:09
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Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump’s favor were dealt a setback when a judge ordered the case be sent back to a grand jury.
Arizona’s fake elector case remains alive after Friday’s ruling by Maricopa County Superior Court Judge Sam Myers, but it’s being sent back to the grand jurors to determine whether there’s probable cause that the defendants committed the crimes.
The decision, first reported by the Washington Post, centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants’ claims they were acting lawfully.
While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law’s requirements, prosecutors didn’t show the statute’s language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied “a substantial procedural right as guaranteed by Arizona law.”
Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. “We vehemently disagree with the court,” Taylor said.
Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn’t properly instruct panel members on the law.
“They get granted at times. It’s not often,” said McDonald, who isn’t involved in the case.
In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani.
Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn’t charged in Arizona, but the indictment refers to him as an unindicted coconspirator.
Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics.
They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. Prosecutors said the defendants didn’t have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud.
Eleven people who had been nominated to be Arizona’s Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were “duly elected and qualified” electors and claimed Trump had carried the state in the 2020 election.
President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored.
Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme. |
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Trump Seeks Supreme Court Approval to End Protections for Venezuelans
Headline Topics |
2025/05/15 10:48
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The Trump administration on Thursday asked the Supreme Court to strip temporary legal protections from 350,000 Venezuelans, potentially exposing them to being deported.
The Justice Department asked the high court to put on hold a ruling from a federal judge in San Francisco that kept in place Temporary Protected Status for the Venezuelans that would have otherwise expired last month.
The status allows people already in the United States to live and work legally because their native countries are deemed unsafe for return due to natural disaster or civil strife.
A federal appeals court had earlier rejected the administration’s request.
President Donald Trump’s administration has moved aggressively to withdraw various protections that have allowed immigrants to remain in the country, including ending TPS for a total of 600,000 Venezuelans and 500,000 Haitians. TPS is granted in 18-month increments.
The emergency appeal to the high court came the same day a federal judge in Texas ruled illegal the administration’s efforts to deport Venezuelans under an 18th-century wartime law. The cases are not related.
The protections had been set to expire April 7, but U.S. District Judge Edward Chen ordered a pause on those plans. He found that the expiration threatened to severely disrupt the lives of hundreds of thousands of people and could cost billions in lost economic activity.
Chen, who was appointed to the bench by Democratic President Barack Obama, found the government hadn’t shown any harm caused by keeping the program alive.
But Solicitor General D. John Sauer wrote on behalf of the administration that Chen’s order impermissibly interferes with the administration’s power over immigration and foreign affairs.
In addition, Sauer told the justices, people affected by ending the protected status might have other legal options to try to remain in the country because the “decision to terminate TPS is not equivalent to a final removal order.”
Congress created TPS in 1990 to prevent deportations to countries suffering from natural disasters or civil strife.
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Judge to weigh Louisiana AG’s challenge to city jail’s ‘sanctuary’ policy
Headline Topics |
2025/04/30 06:33
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Louisiana Attorney General Liz Murrill is pushing forward with her efforts to force Orleans Parish Sheriff Susan Hutson to drop a longtime policy that generally prohibits deputies from directly engaging in federal immigration enforcement within the city’s jail.
In legal filings, Murrill claims that the policy — which the state characterizes as a so-called “sanctuary city” policy — is in direct conflict with a newly passed state law that requires state and local law enforcement agencies to cooperate with federal immigration agencies.
“The consent decree now sits fundamentally at odds with state law as applicable to immigration detainers,” Murrill said in court documents filed Friday.
A federal court will now determine whether to allow the state of Louisiana to join a 2011 federal suit that resulted in the policy and whether to throw out the policy altogether. A hearing has been set for April 30.
The state’s campaign against “sanctuary” policies comes as President Donald Trump is pushing local law enforcement agencies to join the federal government in his promised immigration crackdown. Since his inauguration, Trump has ordered the U.S. Department of Homeland Security to push for more partnerships between local law enforcement units and federal immigration agencies. A few have already signed up. Louisiana Gov. Jeff Landry, a longtime immigration hardliner and Trump ally, has worked with Republican lawmakers in the state to enact laws that encourage those collaborations.
As attorney general, Landry criticized a policy adopted by the New Orleans Police Department, under a long-running federal consent decree that blocks officers from enforcing immigration laws.
Neither Murrill’s office nor representatives for U.S. Immigration and Customs Enforcement responded to requests for comment.
In court filings, Murrill said Hutson “does not oppose the (state’s) intervention” in the case.” But a spokesperson for Hutson said that’s not exactly true. “It’s more accurate that we take no position regarding the state intervention,” a Sheriff’s Office spokesperson said in an emailed statement on Wednesday.
While she has not taken a position for or against increased collaboration with ICE, in an interview with Fox 8 in December, Hutson noted that the jail’s resources were far too stretched to take on immigration enforcement.
The sheriff’s policy stems from a 2013 federal court settlement in a civil rights case involving two New Orleans construction workers picked up on minor charges in 2009 and 2010. Mario Cacho and Antonio Ocampo sued after they were allegedly illegally held in the city’s jail past the completion of their sentences. The two were held at the request of U.S. Immigration and Customs Enforcement. The agency issues such “detainer” requests to local law enforcement agencies, asking them to hold onto arrestees who are suspected of immigration violations. Local agencies are only supposed to honor the hold requests for 48 hours, after which they should let detainees free. But in 2009 and 2010, then-Sheriff Marlin Gusman detained Cacho and Ocampo for months, according to legal filings in their case against the office.
Ocampo and Cacho settled the case with the Sheriff’s Office in 2013, and Gusman agreed to adopt a new policy on immigration investigations. The resulting policy blocks the agency from investigating immigration violations
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Hungary welcomes Netanyahu and announces it’s quitting top war crimes court
Headline Topics |
2025/04/05 10:58
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Hungary will start the process to withdraw from the International Criminal Court, an official said Thursday, just as Israeli Prime Minister Benjamin Netanyahu arrived to red carpet treatment in the country’s capital despite an arrest warrant from the world’s only permanent global tribunal for war crimes and genocide.
Prime Minister Viktor Orbán gave the Israeli leader a welcome with full military honors in Budapest’s Castle District. The two close allies stood side by side as a military band played and an elaborate procession of soldiers on horseback and carrying swords and bayoneted rifles marched by.
As the ceremony unfolded, Orbán’s chief of staff, Gergely Gulyás, released a brief statement saying that “the government will initiate the withdrawal procedure” for leaving the court, which could take a year or more to complete. Netanyahu’s visit to Hungary, which is scheduled to last until Sunday, was only his second foreign trip since the ICC issued the warrant against him in November.
The ICC, based in The Hague, Netherlands, said when issuing its warrant that there was reason to believe Netanyahu and former Israeli Defense Minister Yoav Gallant had committed crimes against humanity in connection with the war in Gaza.
The war began when Hamas-led militants attacked southern Israel on Oct. 7, 2023, killing around 1,200 people, mostly civilians, and taking 251 hostages, most of whom have since been released in ceasefire agreements and other deals. Israel rescued eight living hostages and has recovered dozens of bodies.
Israel’s offensive has killed more than 50,000 Palestinians, according to Gaza’s Health Ministry, which doesn’t say whether those killed are civilians or combatants. Israel says it has killed around 20,000 militants, without providing evidence. Israeli military’s response resumed last month, shattering a ceasefire.
After the ICC issued the warrant, Orbán invited Netanyahu to Budapest, and accused the court of “interfering in an ongoing conflict for political purposes.” That invitation was in open defiance of the court’s ruling and contradicted Hungary’s obligations as a signatory to arrest any suspects facing a warrant if they set foot on their soil.
All countries in the 27-member European Union, including Hungary, are signatories, but the court relies on member countries to enforce its rulings. Hungary joined the court in 2001 during Orbán’s first term as prime minister.
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Turkish court orders key Erdogan rival jailed pending trial on corruption charges
Headline Topics |
2025/03/25 05:44
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A court formally arrested the mayor of Istanbul, a key rival to President Recep Tayyip Erdogan, on Sunday and ordered him jailed pending the outcome of a trial on corruption charges.
Mayor Ekrem Imamoglu was detained following a raid on his residence earlier this week, sparking the largest wave of street demonstrations in Turkey in more than a decade. It also deepened concerns over democracy and rule of law in Turkey.
His imprisonment is widely regarded as a political move to remove a major contender from the next presidential race, currently scheduled for 2028. Government officials reject the accusations and insist that Turkey’s courts operate independently.
The prosecutor’s office said the court decided to jail Imamoglu on suspicion of running a criminal organization, accepting bribes, extortion, illegally recording personal data and bid-rigging. A request for him to be imprisoned on terror-related charges was rejected although he still faces prosecution. Following the court’s ruling, Imamoglu was transferred to Silivri prison, west of Istanbul.
The Interior Ministry later announced that Imamoglu had been suspended from duty as a “temporary measure.” The municipality had previously appointed an acting mayor from its governing council.
Alongside Imamoglu, 47 other people were also jailed pending trial, including a key aide and two district mayors from Istanbul, one of whom was replaced with a government appointee. A further 44 suspects were released under judicial control.
Interior Minister Ali Yerlikaya said Sunday that 323 people were detained the previous evening over disturbances at protests.
Largely peaceful protests across Turkey have seen hundreds of thousands come out in support of Imamoglu. However, there has been some violence, with police deploying water cannons, tear gas, pepper spray and firing plastic pellets at protesters in Istanbul, Ankara and Izmir, some of whom hurled stones, fireworks and other missiles at riot police.
The formal arrest came as more than 1.5 million members of the opposition Republican People’s Party, or CHP, began holding a primary presidential election to endorse Imamoglu, the sole candidate.
The party has also set up symbolic ballot boxes nationwide to allow people who are not party members to express their support for the mayor. Large crowds gathered early Sunday to cast a “solidarity ballot.”
“This is no longer just a problem of the Republican People’s Party, but a problem of Turkish democracy,” Fusun Erben, 69, said at a polling station in Istanbul’s Kadikoy district. “We do not accept our rights being so easily usurped. We will fight until the end.”
Speaking at a polling station in Bodrum, western Turkey, engineer Mehmet Dayanc, 38, said he feared that “in the end we’ll be like Russia, a country without an opposition, where only a single man participates in elections.”
In a message posted on social media, Imamoglu called on people to show “their struggle for democracy and justice to the entire world” at the ballot box. He warned Erdogan that he would be defeated by “our righteousness, our courage, our humility, our smiling face.”
“Honestly, we are embarrassed in the name of our legal system,” Ankara Mayor Mansur Yavas, a fellow member of Imamoglu’s CHP, told reporters after casting his vote, criticizing the lack of confidentiality in the proceedings.
CHP leader Ozgur Ozel said Imamoglu’s imprisonment was reminiscent of “Italian mafia methods.” Speaking at Istanbul City Hall, he added: “Imamoglu is on the one hand in prison and on the other hand on the way to the presidency.”
The Council of Europe, which focuses on promoting human rights and democracy, slammed the decision and demanded Imamoglu’s immediate release.
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