An Incessant Battle Occurs on a Daily Basis between the Federal Judiciary and the People of the United States Today
– Where does it end?
Federal Court Orders School to Allow Girl to Use Boys’ Restroom in Virginia
– Breitbart – Apr 19 2016
“A Federal Circuit court ruled today that a local Virginia school board violated the law by not allowing a girl to use the boys’ restroom.
If the convoluted decision survives, according to the judge who opposed the two-to-one decision, schools “could never meaningfully provide separate restrooms and locker rooms on the basis of sex … [and] privacy concerns would be left unaddressed.” The decision is “illogical and unworkable,” Judge Paul Niemeyer said.
In G.G. v. Gloucester Country School Board, the 2-1 court determined that the school board discriminated “on the basis of sex” in violation of Title IX.
Roughly one in every 330 Americans change their name from one sex to the other sex.
Title IX explicitly bans discrimination based on sex, but the Department of Education told the school district last year that discrimination based on the new idea of “gender identity” is the same as discrimination based on biological sex.
Specifically, the policy was imposed via an agency letter — not a regulation — in which officials say, “When a school elects to separate or treat students differently on the basis of sex … a school generally must treat transgender students consistent with their gender identity.”
The entire case hinged completely on this letter from agency officials, even though the notion of gender identity was not known to the congressional drafters of Title IX back in the 1970s.
G.G. is a young girl who announced not long ago that she is a boy and had always felt like a boy. Her parents allowed this to proceed, and the School District allowed her use a private bathroom that was also open to all other students. The girl said this caused her anxiety and she demanded use of the boys’ restroom.
The school administration relented, but parents at the school revolted and took the issue to the school board. The board determined said the girl would be required to use either the girl’s restroom or the private restroom which they had provided for her, an accommodation allowed by Title IX.
She took her case to court and lost, then appealed to the Fourth Circuit, and today she won.
The majority, led by Judge Henry Floyd, an Obama appointment, bought completely into the whole transgender ideology. He called her a “transgender boy,” and referred to her “birth-assigned sex” and her “so-called ‘biological sex.’”
“Birth-assigned sex” is one of the main arguments of the trans-ideology — that science is trumped by desire, that no one is biologically male or female, and that people can create our own “gender identity.” Some advocates of this new creationism even argue that sex should be left blank at birth so each child may more easily create their own gender identity.”
…Continue reading @ Breitbart
– If gender identity is fluid, Title IX ceases to have any meaning. /CJ
– The entire ruling is available here in PDF Format
Federal Judge Says Recording Police Not Protected By The First Amendment
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“Over the years, the nation’s courts have moved towards recognizing First Amendment protections for citizens who film public servants carrying out public duties. Nearly every case has involved a citizen arrested for filming police officers, suggesting far too many law enforcement entities still feel their public actions deserve some sort of secrecy — even as these agencies deploy broader and more powerful surveillance tools aimed at the same public areas where no expectation of privacy (under the Fourth Amendment) exists.”
…Continue reading @ TechDirt
“In cases like these, we really try to avoid making Constitutional decisions if we can, because we give great deference to State’s rights and law in this Republic,” Ezra said. “Judges shouldn’t be setting aside laws passed by a state legislature and signed by a Governor based on an ideological whim by the judge.”
– Federal District Judge David Alan Ezra
Federal Judge Blocks Texas Immigrant-Harboring Law
-KLIF / AP
“AUSTIN, Texas (AP) – A federal judge has blocked a portion of Texas’ sweeping border security law that had criminalized harboring people in the country illegally.
Non-profit groups, churches and even some landlords opposed parts of the larger law approved by the Republican-controlled Legislature last year. They made it a crime in Texas to encourage or help someone cross the border – or remain in the country – illegally.
In January, Hispanic advocacy groups sued, arguing that it was unconstitutional to criminalize providing shelter or aid.
On Thursday, San Antonio-based U.S. District Judge David Alan Ezra issued a preliminary injunction, ruling that the law potentially violated federal statutes that would supersede it.
He found that the groups suing were likely to prevail, and temporarily blocked enforcing the law as the case proceeds.”
…See more @ KLIF – Austin
Hawaiian Judge Coming to Alamo City
“Not many people would leave an office with a prime view of Honolulu’s harbor for a windowless office in San Antonio, but Senior U.S. District Judge David Alan Ezra is doing just that.
Ezra, 65, is moving here to help the San Antonio-headquartered Western District of Texas, whose current judges are swamped largely with immigration and drug cases on top of a busy civil caseload.
Ezra grew up in Hawaii and graduated from St. Louis High School there. He then attended Chaminade College and the University of Hawaii before coming to San Antonio in the 1960s and graduating magna cum laude from St. Mary’s with a business administration degree and first in his class from St. Mary’s School of Law.
He then entered the Army, became an officer and returned to Hawaii after his military service.”
…Continue reading @ MySanAntonio
– Interesting there are zero comments on this story. /CJ
Federal Judge Says Texas Can’t Outlaw Harboring Illegal Aliens
“A federal district judge in San Antonio has issued an order stopping a Texas law criminalizing the harboring of illegal aliens, at least for now. The judge issued the preliminary injunction in MALDEF’s (Mexican American Legal Defense and Educational Fund) lawsuit challenging Texas House Bill 11, a law which open border advocates are fighting because they say it improperly targets illegal alien shelters and those who rent to illegal aliens.
The plaintiffs in the lawsuit are David Cruz of San Antonio and Valentin Reyes of Farmers Branch, Texas, and Jonathan Ryan. Cruz and Reyes are both landlords who do not check whether their tenants are legally in the country. Jonathan Ryan is the Executive Director of the Refugee and Immigrant Center for Education and Legal Services (RAICES).
The federal complaint states that “In his role as Executive Director of RAICES, Plaintiff Ryan provides shelter to immigrant women and children who are not authorized to be present in the U.S. and lack lawful immigration status. Many of the immigrant women and children sheltered by Plaintiff Ryan are asylum-seekers from East Africa and Central America who entered the U.S. without authorization and are in federal removal proceedings.”
The plaintiffs brought the lawsuit on January 24 and sued Texas Governor Greg Abbott, the Director of the Texas Department of Public Safety Steven C. McCraw, and members of the Texas Public Safety Commission.
The bi-partisan bill, signed into law by Texas Governor Greg Abbott on June 9, 2015, gives power to the Texas Department of Public Safety, relates to military and law enforcement training, and the investigation, prosecution, punishment, and prevention of these offenses, it increases a criminal penalty, and authorizes fees.
The harboring provisions are part of a $800 million border security effort by the Texas Governor and the Texas legislature.”
…Continue reading @ Breitbart
– Comments section is very interesting. /CJ
“He’s one of the most well known and visible figures in Hawaii. Turn on the TV or radio, open a local newspaper, and chances are you’ll see his name– just not in the “Seen around Town” society columns or “People in the News” segment. Outside his office, he tries his best to blend in and go about life with his family; catch a movie, enjoy the evening at a nice restaurant. The nature of his job demands a high level of public anonymity. And while he’ll probably never open his home to “Lifestyles of the Rich and Famous,” he gladly invites you for a private tour of his workplace.
His workplace is fairly large by Hawaii standards. With an office down the hall, he’s much like any company foreman. But he doesn’t manufacture widgets. He oversees Justice.
As a Chief Judge for the Hawaii District of the U.S. Court’s Ninth District, David Alan Ezra must insulate himself from much of the goings on in the community. He’s careful about what functions he attends, who he meets with, and where he is seen. Anything considered remotely political is strictly off limits. He takes his position seriously and ardently strives for an image of judicial neutrality. Some may deem this social posture as aloof, withdrawn. But to Hawaii’s Chief Federal jurist, it’s necessary.
“Federal Judges may not everengage in any political activity, may not make any campaign contributions nor attend campaign functions,” said Ezra. “There are a good many socialfunctions that I’m invited to attend but unable to do so because of my position.”
More on Maldef here @ Maldef News Releases
l Hate the Media weighs in here….
Read the comments @ IHatetheMedia.com
The Kalb Report – Amazing Ruth Bader Ginsberg & Antonin Scalia Interview