U.S. Federal Courts
DOJ to ask Supreme Court to halt courts’ mifepristone restrictions
Texas judge, 5th Circuit ruled against abortion drug
The Justice Department is expected to ask the U.S. Supreme Court to halt a pair of rulings by a federal court in Texas and a federal appellate court in New Orleans that would restrict the sale and distribution of the abortion pill mifepristone.
Last week, Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas issued a stay of the U.S. Food and Drug Administration’s approval of the drug 23 years ago, effectively barring its sale and distribution nationwide.
The 5th U.S. Court of Appeals ruled late Wednesday night that access to the drug would not be prohibited pending the outcome of litigation in the case, Alliance for Hippocratic Medicine v. FDA.
However, in the meantime the appellate court preserved other restrictions on mifepristone from Kacsmaryk’s ruling including the prohibition of distributing the medicine by mail or prescribing its FDA approved generic equivalent and requiring that it be prescribed only after three in-person visits with a healthcare provider, and only up to seven weeks of pregnancy.
āThe Justice Department strongly disagrees with the 5th Circuitās decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal,ā U.S. Attorney General Merrick Garland said in a statement on Thursday.
āWe will be seeking emergency relief from the Supreme Court to defend the FDAās scientific judgment and protect Americansā access to safe and effective reproductive care,ā Garland said.
āWe are going to continue to fight in the courts, we believe the law is on our side, and we will prevail,ā White House Press SecretaryĀ Karine Jean-PierreĀ told reporters early Thursday during President Joe Bidenās trip to Ireland.
The Supreme Court typically acts on such requests in a matter of days, often without explanation.
U.S. Federal Courts
Melissa DuBose becomes first Black and first LGBTQ judge on federal court in R.I.
Senators also advance Nicole Berner’s nomination
Judge Melissa DuBose was confirmed by the U.S. Senate on Tuesday for her appointment by President Joe Biden to the U.S. District Court for the District of Rhode Island, where she will be the first Black and the first LGBTQ judge to serve on the bench.
DuBose thanked her partner Amy āfor blessing me with over two decades of unwavering love, support, laughter and patience,ā and their ātwo remarkable sons ā¦ for gracing me with that special love that is reserved for mothers and sons.āĀ
The vote was 51-47, with only two Republicans supporting her nomination, Susan Collins of Maine and Lindsey Graham of South Carolina.
During a confirmation hearing in February, U.S. Sen. John Kennedy (R-La.) grilled DuBose about an article 24 years ago in which she was quoted as saying she had gone through “a Marxist phase.”
Currently serving as associate judge on the Rhode Island District Court in Providence, DuBose’s nomination was enthusiastically supported by her state’s two Democratic U.S. senators., Jack Reed and Sheldon Whitehouse.
āSheās proven to be an exceptional jurist with a stellar record,ā said the former on the Senate floor, adding, āShe has dedicated her life to public service, and Rhode Island is fortunate that she has once again answered the call.ā
Whitehouse said, āThis is a person, a lifelong Rhode Islander, who is exceedingly well regarded in our community.”
Nicole Berner’s nomination advances
Another lesbian judge nominated by Biden to serve a lifetime tenure on the federal bench is Nicole Berner, who has long served as general counsel of the Service Employees International Union and was tapped to join the 4th U.S. Circuit Court of Appeals.
The Senate moved for a cloture vote on her nomination Thursday, meaning a final vote is expected as early as next week. She would be the first LGBTQ judge on the circuit court and the 11th confirmed LGBTQ judge nominated by Biden ā tying with the record number who were appointed by former President Barack Obama over two terms in office.
U.S. Federal Courts
N.Y. AG joins multi-state brief in Colo. anti-trans discrimination case
Letitia James and 18 other attorneys general support plaintiff
New York Attorney General Letitia James on Wednesday joined a brief by 18 other Democratic state attorneys general urging the Colorado Supreme Court to uphold a lower court ruling against Masterpiece Cakeshop for anti-trans discrimination.
A customer, Autumn Scardina, sued the business over claims that it refused to provide her a cake upon learning that it was for a celebration of her transition. The case is not the first in which owner Jack Smith has faced claims of anti-LGBTQ discrimination.
In 2012, Masterpiece Cakeshop refused to fulfill an order for a wedding cake for a same-sex couple, which led to the 2018 U.S. Supreme Court case Masterpiece Cakeshop v. Colorado Civil Rights Commission ā and a narrow ruling that did not address core legal questions weighing the constitutionality of First Amendment claims vis-a-vis the government’s enforcement of LGBTQ-inclusive nondiscrimination laws.
āDenying service to someone simply because of who they are is illegal discrimination, plain and simple,ā James said in a press release. āAllowing this kind of behavior would undermine our nationās fundamental values of freedom and equality and set a dangerous precedent.”
She added, “I am proud to stand with my fellow attorneys general against this blatant transphobic discrimination.ā
The Colorado Court of Appeals ruled in favor of Scardina, noting that Smith objected to fulfilling her cake order only after learning about her intended use for it “and that Phillips did not believe the cake itself expressed any inherent message.”
The fact pattern in both cases against Masterpiece Cakeshop resembles that of another case that originated in Colorado and was ultimately decided by the Supreme Court last year, 303 Creative LLC v. Elenis.
This time, the justices did not sidestep the question of whether the state’s anti-discrimination law can be enforced against a business owner, Lorie Smith, a website designer who claimed religious protections for her refusal to provide services to a same-sex couple for their nuptials.
The court’s conservative supermajority ruled in favor of Smith, which was widely seen as a blow to LGBTQ rights.
Joining James in her brief are the attorneys general of Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and D.C.
U.S. Federal Courts
Fla. man found guilty of threatening George Santos
Gay former NY congressman expelled in December
On Feb. 22, following a two-day trial, a federal jury in Ft. Lauderdale convicted a man for calling the office of former U.S. Rep. George Santos (R-N.Y.) in D.C. and threatening to kill the member of Congress and another person.Ā
On Jan. 29, 2023, Frank Stanzione, 53, of Boynton Beach, Fla., made a telephone call from his residence in Boynton Beach to the office of a member of the U.S. House of Representatives. Stanzione left a voice message for the member that stated the following:
“[Victim 1 formerĀ Rep. Santos] you fat fucking piece of shit fucker. You better watch your mother fucking back because Iām gonna bash your mother fucking fucker head in with a bat until your brains are splattered across the fucking wall. You lying, disgusting, disgraceful, mother fucking fucker. You mother fucking piece of shit. Youāre gonna get fucking murdered you goddamn lying piece of garbage. Watch your back you fat, ugly, piece of shit. You and [Victim 2Ā Redacted] are dead.”
The congressman’s chief of staff reported the message to the U.S. Capitol Police the next morning. The USCP began investigating the voice message as a threat and determined that it was made from a telephone number assigned to Stanzione.
On Jan. 31, 2023, USCP special agents went to the address associated with the telephone number and interviewed Stanzione. USCP confirmed that Stanzione had left the voice message for the congressman. Stanzione found the telephone number on an online search engine.
In a motion to dismiss, lawyers for Stanzione noted in the interview he told federal agents that āhe feels offended by Santos and does not want him in his (gay) community.ā He said he left the message to make Santos āfeel like a piece of shit.ā
The court filing described Stanzione as āa long-standing, active advocate for gay rights.ā
In the motion to dismiss, Stanzione claimed his prosecution was āretaliatory and vindictiveā and ābased upon his exercise of political speech related to gay rights.ā
āOthers who have allegedly committed similar acts,ā his attorneys stated in the motion, āhave not been prosecuted.ā
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and USCP Chief J. Thomas Manger announced the guilty verdict. The USCP ā Threat Assessment Section investigated the case.
Stanzione will be sentenced in May and faces penalties including up to five years in federal prison, a fine of up to $250,000, or both.