Showing posts with label Donald Trump. Show all posts
Showing posts with label Donald Trump. Show all posts

Friday, April 27, 2018

Judge Rules Pro-Trump Hat Is Not Part of Any Religious Belief

New York Post reports that a New York state trial court judge on Wednesday dismissed a discrimination suit that had been filed by an accountant who was told to leave a West Village bar because he was wearing a pro-Trump "Make America Great Again" cap.  At a hearing, plaintiff's lawyer, when faced with the argument that state and local anti-discrimination laws only protect religious beliefs and not political ones, attempted to turn plaintiff's case into a religious discrimination suit, saying:
The purpose of the hat is that he wore it because he was visiting the 9/11 Memorial.  He was paying spiritual tribute to the victims of 9/11. The Make American Great Again hat was part of his spiritual belief.
After hearing arguments, the judge took a short break and then ruled from the bench:
Plaintiff does not state any faith-based principle to which the hat relates.

Wednesday, April 25, 2018

Transcript and Audio of Arguments in Trump v. Hawaii Now Available

The full transcript and full audio recordings of today's oral arguments before the Supreme Court in Trump v. Hawaii are now available. At issue is the legality of the third version of President Trump's ban on travel to the U.S. by nationals of several countries.  Washington Post, reporting on the arguments, said that the conservative majority on the Court appeared to agree that the President has authority to issue the ban.

Evangelicals Organizing For Mid-Term Elections

A New York Times article posted yesterday reports:
The conservative Christian coalition that helped usher President Trump into power in 2016 is planning its largest midterm election mobilization ever, with volunteers fanning out from the church pews to the streets to register voters, raise money and persuade conservatives that they cannot afford to be complacent this year.
Evangelicals cite a list of Trump's achievements as the basis for their continued support of candidates backing his agenda, despite the controversies surrounding Trump's alleged personal behavior:
He has begun the process of moving the American Embassy in Israel to Jerusalem, won the confirmation of numerous judges and a Supreme Court Justice who seem likely to advance their anti-abortion cause, moved against transgender protections throughout the government, increased the ability of churches to organize politically and personally supported the March for Life.

Supreme Court Will Hear Oral Arguments In Travel Ban Case Today

The U.S. Supreme Court will hear oral arguments this morning in Trump v. Hawaii, a challenge to the legality of the most recent version of President Trump's controversial "travel ban."  As explained by this argument preview from SCOTUSblog, as well as this New York Times preview, one of the major questions that the Court will face is whether Donald Trump's anti-Muslim statements  during his campaign for office, and his Tweets while in office, should be considered in deciding whether his later executive action violates the Establishment Clause. SCOTUS blog's case page has links to the numerous briefs filed in the case, as well as to commentary and other primary source documents.  I will post a link to the transcript of the oral argument when it becomes available later today.

Thursday, April 12, 2018

Trump Issues Proclamation On Holocaust Remembrance

Today is Yom Hashoah (Holocaust  Remembrance Day).  Yesterday President Trump issued a Proclamation (full text) asking the people of the United States:
to observe the Days of Remembrance of Victims of the Holocaust, April 12 through April 19, 2018, and the solemn anniversary of the liberation of Nazi death camps, with appropriate study, prayers and commemoration, and to honor the memory of the victims of the Holocaust and Nazi persecution by internalizing the lessons of this atrocity so that it is never repeated.

Wednesday, April 11, 2018

Update On Third Travel Ban Developoments

The Supreme Court will hear oral arguments on April 25 in Trump v. Hawaii, a group of challenges, including an Establishment Clause challenge, to President Trump's third travel ban. (See prior posting.) Over 70 amicus briefs have been filed in the case.  Links to them are on SCOTUSblog's case page.  Meanwhile, yesterday the White House announced that the President has signed a Proclamation removing Chad from the list of countries covered by the travel ban, saying in part:
Republic of Chad has improved its identity-management and information sharing practices sufficiently to meet the baseline security standard of the United States.  Chad nationals will therefore again be able to receive visas for travel to the United States.

Monday, April 09, 2018

Trump Cabinet Has Bible Study Group

BBC reports that President Trump's Cabinet has a weekly Bible study group, led by former professional basketball player-turned-pastor, Ralph Drollinger.  While not all Cabinet members attend each week, the group has ten "sponsors". Members of the group include Vice-President Mike Pence, Secretary of State Mike Pompeo, Education Secretary Betsy DeVos, Energy Secretary Rick Perry and Attorney General Jeff Sessions.  Some of the Cabinet members originally got to know Drollinger through his Capitol Ministries study groups in the House and Senate. According to BBC:
President Trump is not a member of Drollinger's group - but he is a Christian, and does get Drollinger's eight-page print-outs most weeks.
"He writes me back notes on my bible studies," says Drollinger.
"He's got this leaky Sharpie felt-tip pen that he writes all capital letters with. 'Way to go Ralph, really like this study, keep it up.' Stuff like that."
[Thanks to Scott Mange for the lead.]

Friday, March 30, 2018

President and Governors Honored Lubavitch Rebbe With Education Day Proclamations

Chabad.org reports that on March 27, President Donald Trump met in the Oval Office with a delegation of Chabad-Lubavitch rabbis to issue a Presidential Proclamation (full text) declaring the day "Education and Sharing Day."  This follows the tradition of every president since 1978 of issuing a similar proclamation to mark the birthday on the Jewish calendar of Chabad's former leader, Rabbi Menachem Schneerson.  This year for the first time, similar proclamations have been issued by the governors of all 50 states.

Saturday, March 24, 2018

New White House Memorandum On Military Service By Transgender Persons

Yesterday the White House released a Memorandum from the President on Military Service By Transgender Individuals (full text). Implementing February 2018 recommendations and a related report (full text) from the Secretary of Defense, the memo replaces an earlier Presidential Memorandum and authorizes the military services to implement the Defense Department's recommendations.  Those recommendations preclude most new enlistments by transgender individuals. They allow enlistment by transgender persons only if they have not been diagnosed with gender dysphoria, or if previously diagnosed with gender dysphoria they have been stable for 36 months in their biological sex.  Those who require or have undergone gender transition are disqualified.  The Hill reports on the new Memorandum.

All of this may l\have little immediate effect.  Vanity Fair reports:
It is possible that the ban will never actually be put in place: while the Trump administration is framing the order as “a new policy developed through extensive study by senior uniformed and civilian leaders,” it is substantively the same as the previous Trump policy, which is currently facing multiple lawsuits on constitutional grounds. Four federal courts have issued injunctions in cases filed by civil rights groups, and may ultimately end up before the Supreme Court. The Pentagon said Friday that it will continue to abide by Obama-era policies welcoming transgender troops while those legal battles continue.

Thursday, March 01, 2018

Trump's Remarks As Rev. Billy Graham's Body Lies In State At Capitol

President Trump delivered remarks (full text) yesterday at the U.S. Capitol as Rev. Billy Graham's body was laid in state there.  He said in part:
Around us stand the statues of heroes who led the nation in prayer during the great and difficult times, from Washington to Lincoln to Eisenhower to King.
And, today, in the center of this great chamber lies legendary Billy Graham, an ambassador for Christ who reminded the world of the power of prayer and the gift of God’s grace.
Today we honor him as only three private citizens before him have been so honored.

Tuesday, February 27, 2018

Another 3rd Travel Ban Cert. Petition Filed

As previously reported, last month the U.S. Supreme Court granted certiorari in Trump v. Hawaii, a challenge to the third version of President Trump's travel ban.  In light of that, plaintiffs who were largely successful in a similar challenge in the 4th Circuit (see prior posting) have now filed a petition for certiorari (full text) with the Supreme Court, telling the Court:
The court of appeals denied the cross-appeal below, which argued that the preliminary injunction should not have been limited to individuals with a bona fide relationship with a U.S. person or entity.  This petition seeks certiorari on that question, which is not presented in Hawai‘i. In addition, this petition raises the same four questions already before the Court in Hawai‘i, and requests that the cases be consolidated once again.
Muslim Advocates issued a press release announcing the filing of the cert. petition.

Thursday, February 15, 2018

4th Circuit En Banc Says Trump's Third Travel Ban Violates Establishment Clause

The U.S. 4th Circuit Court of Appeals en banc today, in opinions spanning 285 pages, affirmed a Maryland federal district court's grant of a preliminary injunction against the Proclamation setting out the third version of President Trump's travel ban.  In International Refugee Assistance Project v. Trump, (4th Cir. en banc, Feb. 15, 2018), the court by a vote of 9-4 held that plaintiffs are likely to succeed on the merits of their Establishment Clause claim.  Chief Judge Gregory's majority opinion said in part:
[H]ere the Government’s proffered rationale for the Proclamation lies at odds with the statements of the President himself. Plaintiffs here do not just plausibly allege with particularity that the Proclamation’s purpose is driven by anti-Muslim bias, they offer undisputed evidence of such bias: the words of the President. This evidence includes President Trump’s disparaging comments and tweets regarding Muslims; his repeated proposals to ban Muslims from entering the United States; his subsequent explanation that he would effectuate this “Muslim” ban by targeting “territories” instead of Muslims directly; the issuance of EO-1 and EO-2, addressed only to majority-Muslim nations; and finally the issuance of the Proclamation, which not only closely tracks EO-1 and EO-2, but which President Trump and his advisors described as having the same goal as EO-1 and EO-2.....
While the majority ultimately concluded that it would not rely on President Trump's pre-election statements in reaching its conclusion, it nevertheless indicated that it would have been permissible to do so:
Perhaps in implicit recognition of the rawness of the religious animus in the President’s pre-election statements, the Government urges us to disregard them. This is a difficult argument to make given that the President and his advisors have repeatedly relied on these pre-election statements to explain the President’s post-election actions related to the travel ban....  [I]n McCreary, the Supreme Court reminded us that “the world is not made brand new every morning.” .... Because “reasonable observers have reasonable memories,” these statements certainly provide relevant context when examining the purpose of the Proclamation.
The majority concluded:
In sum, the face of the Proclamation, read in the context of President Trump’s official statements, fails to demonstrate a primarily secular purpose. To the objective observer, the Proclamation continues to exhibit a primarily religious anti-Muslim objective. Our constitutional system creates a strong presumption of legitimacy for presidential action and we often defer to the political branches on issues related to immigration and national security. But the disposition in this case is compelled by the highly unusual facts here. Plaintiffs offer undisputed evidence that the President of the United States has openly and often expressed his desire to ban those of Islamic faith from entering the United States. The Proclamation is thus not only a likely Establishment Clause violation, but also strikes at the basic notion that the government may not act based on “religious animosity.”
Six of the judges would have also found a likelihood of success on at least some of plaintiffs' statutory challenges to the Proclamation. Four concurring opinions and two dissenting opinions were also filed. Pursuant to an earlier U.S. Supreme Court order, the court stayed the injunction pending a petition for certiorari to the Supreme Court. Richmond Times-Dispatch reports on today's decision.

Tuesday, February 13, 2018

White House Proposed Budget Promotes School Choice

The White House yesterday released its proposed Fiscal Year 2019 Budget (full text).  The Budget includes an increase in Department of Education funding for private (as well as public) school choice, described in part as follows:
The Budget invests $1.1 billion in school choice programs to expand the range of high-quality public and private school options for students, putting more decision-making power in the hands of parents and families.  This investment serves as a down payment toward achieving the President’s goal of an annual Federal investment of $20 billion—for a total of an estimated $100 billion when including matching State and local funds—in school choice funding. The Budget requests $500 million to establish a new school choice grant program to support a wide range of innovative approaches to school choice. These include expanding existing private school choice programs to serve more low-income and at-risk students, developing new private school choice models, or supporting school districts’ efforts to adopt student-based budgeting and open enrollment policies that enable Federal, State and local funding to follow the student to the public school of his or her choice....
Americans United issued a press release criticizing school voucher programs, saying in part:
Vouchers divert desperately needed resources away from the public school system, which educates 90 percent of our students, to fund the education of a few voucher students in private, religious schools. Voucher programs are an ineffective and damaging education policy: they do not improve – and can even lead to declines in – student achievement. They also lack accountability to taxpayers, deprive students of civil rights protections and often provide students with fewer resources than they would have in public schools.
Vouchers violate the religious freedom of both taxpayers and religious schools. The government should not compel any citizen to furnish funds in support of a religion with which he or she disagrees – or even a religion with which he or she does agree. Vouchers also threaten the religious liberty and autonomy of religious schools, as vouchers open them up to government audits, monitoring, control and interference from which they would otherwise be exempt.

Friday, February 09, 2018

Trump Speaks To National Prayer Breakfast

Yesterday President Donald Trump spoke at the 66th Annual National Prayer Breakfast in Washington, D.C. (full text of remarks). The President said in part:
Each year, this event reminds us that faith is central to American life and to liberty.  Our founders invoked our Creator four times in the Declaration of Independence.  Our currency declares, “In God We Trust.”  (Applause.)  And we place our hands on our hearts as we recite the Pledge of Allegiance and proclaim we are “One Nation Under God.”  (Applause.)
Our rights are not given to us by man; our rights come from our Creator.  (Applause.)  No matter what, no Earthly force can take those rights away.  (Applause.)  That is why the words “Praise be to God” are etched atop the Washington Monument, and those same words are etched into the hearts of our people.

Friday, January 19, 2018

Trump Administration Takes Several Actions Supporting Pro-Life Advocates

As reported by CNN, today was the 45th annual March for Life in Washington, D.C.  Both Vice-President Pence and President Trump addressed the marchers via video feed from the White House Rose Garden. (Video of remarks.) Today, President Trump also issued a Proclamation (full text) declaring January 22 as National Sanctity of Human Life Day. The White House additionally issued a Fact Sheet titled President Donald J. Trump is Standing Up for the Sanctity of Life.

Today, the Department of Health and Human Services also announced two pro-life initiatives. The HHS Office for Civil Rights issued a 216-page release (full text) proposing revisions in in order to expand enforcement authority as to rules that protect conscience objections in delivery of health care services. Second, the Department of Health and Human Services issued a Letter to State Medicaid Directors (full text) rescinding SMD #16-005, a 2016 letter to Medicaid.  That letter which today's action rescinded provided in part:
... [S]tates may not deny qualification to family planning providers, or take other action against qualified family planning providers, that affects beneficiary access to those providers—whether individual providers, physician groups, outpatient clinics or hospitals—solely because they separately provide family planning services or the full range of legally permissible gynecological and obstetric care, including abortion services (not funded by federal Medicaid dollars, consistent with the federal prohibition), as part of their scope of practice.

Supreme Court Grants Cert. In 3rd Travel Ban Challenge; Asks For Argument on Establishment Clause

The U.S. Supreme Court today issued an order (full text) granting review in Trump v. Hawaii, (Docket No. 17-965, cert. granted 1/19/2018).   In the case, the U.S. 9th Circuit Court of Appeals held that the third version of President Trump's travel ban is inconsistent with the Immigration and Nationality Act, but stayed its injunction pending Supreme Court review. (See prior posting.) While the 9th Circuit avoided ruling on plaintiffs' Establishment Clause claim, the Supreme Court ordered the parties to brief and argue that issue (raised as Question 3 in Hawaii's brief in opposition), as well as the issues raised by the original petition for certiorari.  SCOTUSblog's case page has links to additional primary source material relating to the case.

Tuesday, January 09, 2018

Trump Renominates Brownback for International Religious Freedom Post, Kacsmaryk For District Court

Yesterday President Trump sent a large number of renominations to the Senate, a step required after Democrats refused to consent to last Senate session's nominations rolling over into the new session.  As reported by the Kansas City Star, these included the renomination of Kansas Gov. Sam Brownback to be  Ambassador-at-Large for International Religious Freedom.

Last week, the President renominated 21 individuals for federal judgeships.  Among them is Matthew J. Kacsmaryk, nominated for Northern District of Texas.  Kacsmaryk specializes in religious liberty litigation as Deputy General Counsel at the First Liberty Institute.  Dallas Morning News reports on the renomination.

Monday, January 08, 2018

Government Seeks Supreme Court Review of Third Travel Ban

The Justice Department last week filed a petition for certiorari (full text) in Trump v. State of Hawaii, a challenge to the President's third travel ban.  In the case, the U.S. 9th Circuit Court of Appeals held that the third version of President Trump's travel ban is inconsistent with the Immigration and Nationality Act. (See prior posting.)  The 9th Circuit avoided deciding the question of whether the Proclamation violates the Establishment Clause. SCOTUSblog has more on the cert. petition and the background of the case.

Sunday, December 24, 2017

Selective Suspension of Refugee Admissions Is Enjoined

In October, President Trump issued an Executive Order resuming the admission of refugees to the United States, but with increased vetting. (See prior posting.)  A follow-up Agency Memorandum (Fact Sheet) implemented the Executive Order by suspending indefinitely entry of most "follow to join" refugees (i.e. relatives of refugees already resettled in the United States), and suspending for at least 90-days entry of refugees from 11 specified countries.  In Doe v. Trump,  (WD WA, Dec. 23, 2017), a Washington federal district court concluded that the federal agencies involved should have engaged in rulemaking procedures under the Administrative Procedure Act before imposing these restrictions. It also concluded that the suspensions violated various provisions of the Immigration and Nationality Act. the court issued a nationwide preliminary injunction barring enforcement of these restrictions as to any refugee with a bona fide relationship to a person or entity within the United States.  All follow-to-join refugees have such a relationship. Politico reports on the decision.

9th Circuit: Trump's 3rd Travel Ban Violates Immigration Act

In State of Hawaii v. Trump, (9th Cir., Dec. 22, 2017), the U.S. 9th Circuit Court of Appeals, agreeing with the district court (see prior posting), concluded that President Trump's third travel ban is inconsistent with the Immigration and Nationality Act, saying in part:
The Proclamation, like its predecessor executive orders, relies on the premise that the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., vests the President with broad powers to regulate the entry of aliens. Those powers, however, are not without limit. We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority. The Government’s interpretation of 8 U.S.C. § 1182(f) not only upends the carefully crafted immigration scheme Congress has enacted through the INA, but it deviates from the text of the statute, legislative history, and prior executive practice as well. Further, the President did not satisfy the critical prerequisite Congress attached to his suspension authority: before blocking entry, he must first make a legally sufficient finding that the entry of the specified individuals would be “detrimental to the interests of the United States.” 8 U.S.C. § 1182(f). The Proclamation once again conflicts with the INA’s prohibition on nationality-based discrimination in the issuance of immigrant visas. Lastly, the President is without a separate source of constitutional authority to issue the Proclamation.
The court avoided deciding the question of whether the Proclamation violates the Establishment Clause.  The court also limited the district court's preliminary injunction to foreign nationals who have a bona fide relationship with a person or entity in the United States. Also, as already ordered by the Supreme Court, the 9th Circuit stayed its injunction pending Supreme Court review. Los Angeles Times reports on the decision.