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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Denying FMLA argument
Spatafore v City of Clarksburg
The city of Clarksburg, West Virginia fired Dominique Spatafore some three months after returning from medical leave. The city claimed it was because she had sent workplace complaints to the mayor’s wife and city council instead of to her supervisor. She filed suit, claiming that she was improperly retaliated against for taking leave, which is illegal under the FMLA. The district court rejected her case, maintaining that there was no evidence that her firing was pretextual and in violation of the FMLA.
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Striking down open carry law
Baird v Bonta
Gun owner Mark Baird filed a federal court challenge to a California state law that bans the open carry of firearms in large urban counties. The district court found in favor of the state, but a panel including two Trump judges, Lawrence VanDyke and Kenneth Lee, reversed and struck down the open carry law.
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Allowing protest of equity training
Henderson v Springfield R-12 School District
The Springfield Missouri School District began mandatory equity training programs for teachers and other employees dealing with racism and other issues. Two employees filed suit, claiming that requiring their participation in the program violated First Amendment and other constitutional rights.
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Allowing tear gas at protests
Chicago Headline Club v Noem
Clergy and other immigration protesters have held a series of protests against Trump immigration policy outside the immigration center in Broadview, Illinois near Chicago. They contended that federal officials have repeatedly used excessive force, including the use of tear gas, and filed suit against the government.
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Rejecting immigrant's attempt to cancel deportation
Rios-Rocha v Bondi
Trump judges Lee and Bade issued an unsigned 2-1 decision that denied Rios-Rocha’s petition and affirmed the deportation ruling against him. The majority maintained that the IJ had the authority to exclude the expert affidavit and approve deportation and committed no errors in doing so.
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Throwing out remedy against Starbucks for unfair labor practices
NLRB v Starbucks
Trump judge Readler wrote a 2-1 decision, joined by George H.W. Bush nominee Alice Batchelder, that affirmed the NLRB finding of an unfair labor practice, but reversed the decision to award damages to Whitbeck. Readler claimed that the NLRB had no statutory or other authority to provide such damages.
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Throwing out policy protecting trans students
Defending Education v. Olentangy School Dist.
A group of parents challenged a policy of the Olentangy School District (OSD) in Ohio aimed at preventing bullying and harassment of transgender students by prohibiting other students from repeatedly mis-gendering them.
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Exempting anti-abortion group from providing contraception
Oregon Right to Life v Stolfi
Oregon Right to Life (ORTL), an anti-abortion group, did not want to provide contraceptive and abortion insurance coverage to its employees. It claimed that a state law requiring it to provide such insurance violated its religious beliefs.
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