October, 19 2016, 10:45am EDT
ACLU, Lambda Legal File Brief to Protect All Transgender People Harmed by Discriminatory H.B. 2
Legal Groups Seek Reversal of Lower Court Ruling That Left Most Transgender North Carolinians Vulnerable
RICHMOND, Va.
In a lawsuit challenging the North Carolina law banning transgender people from using restrooms that correspond to their gender identity, LGBT rights groups yesterday asked a federal appeals court to broaden a preliminary injunction in order to protect all transgender people in the state from discrimination.
In August, a district court issued a preliminary injunction preventing the North Carolina university system from enforcing H.B. 2 against the three individual transgender plaintiffs in the lawsuit, Carcano v. McCrory, which is scheduled for trial in May 2017. The advocates also asked the Fourth Circuit Court of Appeals to expedite the appeal and schedule oral argument for January.
"Every day that H.B. 2 singles out transgender North Carolinians -- whether at school, at work, or just moving through their daily lives -- is another day that the transgender community is told that they are second class," said Chris Brook, ACLU of North Carolina legal director. "Though the district court recognized the serious harm to three of our clients at UNC as a result of H.B. 2, that recognition unfortunately didn't extend to the harms that law inflicts on other transgender individuals in public buildings across North Carolina. We hope and expect that the Fourth Circuit will expand this ruling to protect all transgender people."
The appeal brief filed yesterday argues that H.B. 2 violates the Constitution's Equal Protection Clause because it specifically targets transgender people, and that discrimination against transgender people is a form of sex discrimination. While North Carolina has argued that H.B. 2 advances interests in public safety and privacy, ACLU and Lambda Legal argue that these interests, which can be protected in other ways, do not justify the harms H.B. 2 imposes on transgender people and that to restore the status quo, the court must grant a broader preliminary injunction while the case proceeds to trial.
"H.B. 2 makes transgender North Carolinians pariahs in their own state. Courthouses, airports, libraries, public schools, highway rest stops, police departments, state hospitals, and the very halls of government itself are now unsafe for, and unwelcome to, transgender North Carolinians," said Jon W. Davidson, national legal director at Lambda Legal. "Such unequal treatment simply cannot be squared with the Fourteenth Amendment's promise of equality under the law. The Fourth Circuit should order this broader relief, pending trial."
The American Civil Liberties Union, ACLU of North Carolina, Lambda Legal, and the law firm of Jenner & Block are challenging the law in federal court on behalf of four LGBT North Carolinians in addition to members of the ACLU of North Carolina. The lawsuit was filed days after H.B. 2 was passed by the North Carolina General Assembly and signed by Gov. Pat McCrory. In it, the groups argue that H.B. 2 sends a purposeful message that LGBT people are second-class citizens who are undeserving of the privacy, respect, and protections afforded to others, and that transgender individuals are expelled from public life since they are not allowed to use the restrooms and changing facilities that match who they are.
Read the appeals brief: https://www.aclu.org/brief-plaintiffs-appellants
For more on the lawsuit, Carcano v. McCrory: https://www.aclu.org/cases/carcano-et-al-v-mccrory-et-al
This press release can be found here: https://www.aclu.org/news/aclu-lambda-legal-file-brief-protect-all-transgender-people-harmed-discriminatory-hb-2
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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X Suspends Journalist Ken Klippenstein Over Publication of JD Vance Dossier
"The 'free speech absolutist' has once again silenced a journalist he didn't like," said one observer.
Sep 26, 2024
X—the social media platform formerly known as Twitter—suspended Ken Klippenstein's account Thursday after the investigative journalist posted an article containing a link to a dossier on Republican U.S. vice presidential candidate JD Vance that allegedly came from an Iranian hack of former President Donald Trump's 2024 campaign.
Klippenstein, who formerly worked at The Intercept, said on his paid Substack Thursday that his X account was suspended for violating the platform's ban on posting private information.
"I know that it is general practice to delete 'private' information from leaks and classified documents, but in this case, not only is Vance an elected official and vice presidential candidate, but the information is readily available for anyone to buy," he wrote. Vance is also the junior U.S. senator from Ohio.
Klippenstein continued:
We should be honest about so-called private information contained in the dossier and "private" information in general. It is readily available to anyone who can buy it. The campaign purchased this information from commercial information brokers. Those dealers make huge profits from selling this data. And the media knows it, because they buy the data for reporting purposes, just like the campaign. They don't like to mention that though.
According to Klippenstein, the corporate media has "been sitting on" the dossier since June, "declining to publish in fear of finding itself at odds with the government's campaign against 'foreign malign influence.'"
"If the document had been hacked by some 'Anonymous'-like hacker group, the news media would be all over it," he contended. "I'm just not a believer of the news media as an arm of the government, doing its work combatting foreign influence. Nor should it be a gatekeeper of what the public should know."
Klippenstein shared a general overview of the contents of the dossier, which he described as "a 271-page research paper the Trump campaign prepared to vet" Vance, pulling out select quotes from the document:
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- "Vance criticized public health experts and elected officials for supporting Black Lives Matter protests while condemning anti-lockdown [Covid] protests."
- "Vance 'embraced non-interventionism."
- "In 2020, Vance criticized President Trump's airstrike killing Iranian General Qasem Soleimani, worrying it would continue to bog down America in the Middle East to the advantage of China."
- "Vance suggested that the country had been entangled in wars in the Middle East so 'financial elites' could profit from the rise of China."
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An X spokesperson toldZeteo's Justin Baragona that "Ken Klippenstein was temporarily suspended for violating our rules on posting unredacted private personal information, specifically Sen. Vance's physical addresses and the majority of his Social Security number."
The Federal Bureau of Investigation is investigating the Trump campaign's claim of an Iranian hack. Iran's government denies any such action.
Numerous observers accused Musk—a self-described "free speech absolutist"—of hypocrisy over X's suspension of Klippenstein's account, although it is not known if the billionaire owner had any role in the decision. Other users also reported punitive action against their accounts over the dossier post.
"I'm old enough to remember when free speech zealot Elon Musk was outraged by Twitter's censorship," journalist Seth Hettena said on X.
Jacobin writer Branko Marcetic posted that "this scenario is actually a good preview of the future none of us want, but that we're heading to currently: A major story breaks, establishment press refuses to cover it, and the indy media that does is throttled by tech censors."
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Florida already has one of the nation's largest shares of homeowners "who don't have meaningful insurance."
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Federal Emergency Management Agency Director Deanne Criswell said during a White House briefing that forecasts suggest Helene will make a "dead-on hit to Tallahassee" and "this is going to be a multistate event with the potential for significant impacts from Florida all the way to Tennessee."
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While the Insurance Information Institute, an industry trade group, said in May that "legislative reforms passed in 2022 and 2023 have created a pathway to a stable Florida market," reporting from this week shows that residents—who aren't ultrarich—are still struggling to get and keep coverage.
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According toThe Palm Beach Post, the global reinsurance broker Gallagher Re said in a Wednesday analysis that "landfall in the Big Bend or Panhandle region of Florida as a major hurricane (Category 3, 4, or 5) has historically translated to insured losses in the low single-digit billions."
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Gallagher Re suggested that "Helene's private insurance market losses should be expected to land in the range" of $3 billion to $6 billion, but if the hurricane "unexpectedly" moves toward Tampa, it could be over $10 billion.
Florida isn't the only state facing insurance trouble thanks to climate chaos. Voxreported last year that "insuring property in California has been a dicey proposition," pointing to torrential rainfall that "caused as much as $1.5 billion in insured losses" and "the costliest wildfires in U.S. history, including the 2018 Camp Fire, which led to more than $10 billion in losses."
Amid the intertwined climate and insurance crises, scientists, campaigners, and homeowners have demanded policy action—and elevated criticism of right-wing attacks on crucial programs.
In a June blog post, Rachel Cleetus, policy director with the Union of Concerned Scientists' Climate and Energy program, wrote that "Congress and regulators need to ensure more transparency in the insurance market on how companies are evaluating risks as they make decisions about premiums. There also needs to be better information on what kinds of incentives companies are providing for adaptation measures that would help reduce risks."
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The Climate & Community Institute on Wednesday also shared recommendations in a new report—Shared Fates: A Housing Resilience Policy Vision for the Home Insurance Crisis—using case studies from California, Florida, and Minnesota.
"We propose the creation of Housing Resilience Agencies (HRAs), either by states or the federal government," the institute said. These agencies would:
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- Coordinate and oversee comprehensive, community-oriented disaster risk reduction;
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Giuliani Permanently Disbarred in DC Over Effort to Overturn 2020 Election
"Imagine once being dubbed 'America's Mayor' and having an illustrious legal and political career, and throwing it all away for Donald Trump," said one observer.
Sep 26, 2024
Former Republican New York City Mayor Rudy Giuliani can no longer practice law in the nation's capital after a federal appeals court on Thursday concurred with a disciplinary committee's recommendation for permanent disbarment over his efforts to "undermine the results of the 2020 presidential election" in service of then-President Donald Trump's "Big Lie."
In a one-page ruling, the Washington, D.C. Court of Appeals permanently revoked Giuliani's law license, finding that the former federal prosecutor and personal attorney for Trump failed to explain why he should not be subject to reciprocal punishment after the New York Supreme Court's Appellate Division disbarred him in July for lying about the 2020 election.
The New York tribunal found that Giuliani "repeatedly and intentionally made false statements, some of which were perjurious, to the federal court, state lawmakers, the public... and this court concerning the 2020 presidential election, in which he baselessly attacked and undermined the integrity of this country's electoral process."
Giuliani is also facing criminal charges related to alleged election subversion in Arizona and Georgia. He filed for Chapter 11 bankruptcy last December following a $148 million defamation judgment for falsely accusing two former Georgia election workers of engaging in a nonexistent conspiracy to "steal" the 2020 election.
These blows, culminating in Thursday's D.C. disbarment, mark a stunning fall from grace for Giuliani, who, as "America's Mayor" in the wake of the September 11, 2001 attacks on the United States, was named Time's "Person of the Year." Giuliani parlayed his popularity into a 2008 run for president in which he was an early GOP front-runner.
Giuliani spokesperson Ted Goodman slammed the D.C. court's ruling as a "miscarriage of justice."
"Members of the legal community who want to protect the integrity of our justice system should immediately speak out against this partisan, politically motivated decision," Goodman said in a statement.
Some observers linked Giuliani's disbarment to Thursday's indictment of current New York City Mayor Eric Adams, a Democrat, on corruption charges.
"Tough day for New York City mayors,"
quippedDemocracy Docket founder Marc Elias.
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