How Trump’s Racist Attack On A Federal Judge Echoes Right-Wing Attack On Vaughn Walker

By now, pretty much everyone know about Donald Trump’s specious argument that Gonzalo Curiel, a federal judge overseeing a suit for fraud against Trump University, is automatically biased simply for having Mexican parents. Other Republicans have recoiled in horror at Trump’s repeated attacks (although they are still voting for him). Even conservative legal scholars, not know for their racial sensitivity, condemn them.

“If that’s the new standard for recusal, every judge in the federal judiciary who has some ethnicity or religion or race that affects a case has to recuse,” Josh Blackman, a law professor at the South Texas College of Law, told the Associated Press. 

All of which is well and good, but not that long ago, a lot of conservatives happily bought into the same bigoted reasoning against a different federal judge. The reason: because the judge was gay.

Vaughn Walker oversaw the challenge to California’s Proposition 8, California’s voter initiative on same-sex marriages. Walker wasn’t out at the time, but that didn’t stop anti-marriage forces from arguing that he could never be impartial because he would put being gay ahead of the rule of law.

For example, John Eastman, who is a lawyer and was on the board of the National Organization for Marriage, insisted that Walker had to recuse himself because he stood to benefit, including financially, from a pro-marriage ruling. In fact, the argument by anti-marriage forces to overturn Walker’s ruling hinged on the judge’s sexual orientation.

At the time, a long list of observers called the attacks out for what they were: homophobia. It’s worth remembering (and reminding Trump) what another federal judge said in reviewing the request to throw on Walker’s ruling on the grounds that being gay disqualified him.

“The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification,” Judge James Ware wrote in dismissing the request. “Further, it is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings.”

But it turns out that the attacks on Walker were just one point on the bigotry spectrum. As Trump has revealed, it’s a short hop to declaring that ethnic background or religion disqualifies a judge–assuming the ethnic background is non-white and the religion is Islam.

And a short hop back, too. Courts operate on the assumption that judges put the law above all else. Trump is arguing that personal interests matter more, probably because that’s how he views his universe. But in attacking Curiel, Trump paved the way for much broader assaults on the impartiality of judges based solely on who they are. It’s not hard to see how the antigay right would love to make that argument—again.

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Mass Shooting at Gay Orlando Nightclub Leaves at Least 20 Dead, 42 Injured

Developing (refresh for updates)…

A “domestic terror” incident at Pulse, a gay Orlando nightclub has left at least 20 dead and more than 42 injured after a gunman with an assault rifle , a handgun, and a “suspicious” device opened fire. Pulse is located at 1912 S. Orange Ave.

Approximately 320 people were inside the nightclub at the time of the shooting.

The incident reportedly began around 2 am. In a press conference earlier this morning, Orlando Police Officer John Mina said that the suspect, now deceased, “exchanged gunshots with an officer working at the club, then went back inside and took hostages around 2 a.m. About three hours later, a SWAT team made the decision to go inside and rescue the hostages. The shooter died in a gunfight with those officers.”

The shooter has been IDed as Omar Mateen a U.S. citizen from Port St. Lucie, Florida.

President Obama was briefed on the incident, the White House reported at around 9:15 am this morning.

Hillary Clinton responded shortly thereafter:

Woke up to hear the devastating news from FL. As we wait for more information, my thoughts are with those affected by this horrific act. -H

— Hillary Clinton (@HillaryClinton) June 12, 2016

WFTV reports:

During a press conference Sunday morning, Florida Department of Law Enforcement spokesman Danny Banks officially classified the shootings at Pulse Nightclub as an “act of terrorism.”

The FBI, along with numerous other agencies, was investigating the shooting and it was not clear if it was an act of domestic or foreign terrorism. There was no indication that more shootings were planned in Orlando or the state of Florida, Banks said.

During the same press conference, Orlando Mayor Buddy Dyer confirmed that numerous people were killed during the attack.

“Tonight, we had a crime that will have a lasting effect on our community,” he said.

Orlando Police Chief John Mina said the department was currently working to remove any “devices” the shooter may have left behind. An OPD officer working at Pulse was the first to respond and exchange gunfire with the shooter, Mina said.  The shooter holed up in a bathroom with hostages and at about 5 a.m. “the decision was made to rescue the hostages that were in there,” Mina said.

During the assault, “our officers shot the suspect,” he said.

The suspect “had a device on him,” prompting a search for others that may be at the scene, he said.

The FBI says there are “suggestions” that the shooter had ties to radical Islam:

FBI: There are “suggestions” shooter at Orlando nightclub had radical Islamic leanings t.co/KoOkTZCAbR t.co/hGyZRFXWZk

— ABC News (@ABC) June 12, 2016

The NYT adds:

The police classified the attack as a “terror incident., Local and federal authorities were investigating, and the F.B.I. set up a hotline number for tips. The police and the federal authorities said they were pursuing several angles in the terrorism investigation, both overseas and in the United States.

The gunman was not from the Orlando area and was organized and well-prepared, the police said.

Here is a large part of the press conference earlier today:

It is unclear whether the nightclub was specifically targeted because it is a gay nightclub, but that is one point under investigation.

Was Orlando shooting club targeted for being a gay nightclub? Police “just don’t know that,” @PeteWilliamsNBC sayst.co/cALRnGLGzr

— TODAY (@TODAYshow) June 12, 2016

Counselors are being called in to help victims and friends of victims, the Orlando Sentinel reports:

Counselors being called in to help victims and friends after the Pulse nightclub shooting, says Terry DeCarlo, director of the Gay, Lesbian, Bisexual, Transgender Community Center of Central Florida…

…At the LGBT community center, DeCarlo and his staff were on the phones calling counselors from around Orlando to come in and help victims and friends of victims, and anyone who was at the club.

Six counselors were headed to The Center on North Mills Avenue to start offering help.

He said Orlando has seen its share of hate crimes “but nothing like this.”

As soon as we have any information we will update everyone. Please keep everyone in your prayers as we work… t.co/3EY0fQ926m

— Pulse Orlando (@pulseorlando) June 12, 2016

One witness who was at the nightclub describes the scene:

Witness describes chaotic scene at Orlando nightclub: “He was shooting everywhere.” t.co/S9TMfGobhu t.co/P91vpE1rVb

— Good Morning America (@GMA) June 12, 2016

One mother pleaded for information about her son outside the club:

A mother pleads for information on her son in the aftermath of the Orlando nightclub shootingt.co/vLTZsxklpF

— RTÉ News (@rtenews) June 12, 2016

Orlando Mayor Buddy Dyer tweeted:

Our community experienced a horrific crime today. Our hearts & prayers are with the victims and their families.

— Mayor Buddy Dyer (@orlandomayor) June 12, 2016

Despite the fact that tonight’s crime will have a lasting effect, we are a strong community.

— Mayor Buddy Dyer (@orlandomayor) June 12, 2016

The actions of the first responders and hospitals have saved many lives.

— Mayor Buddy Dyer (@orlandomayor) June 12, 2016

Here’s live coverage from WTSP:

WFTV reports:

Numerous videos posted to social media showed a a frantic scene swarming with police officers.

Gunshots could be heard in one video. A person behind the camera said it seemed like the attackers were exchanging gunfire with police.

Cell phone videos show the chaotic scene outside Pulse as the incident unfolded:

Shooting at Pulse Nightclub on S Orange. Multiple injuries. Stay away from area. pic.twitter.com/5Di2mc6XUY

— Orlando Police (@OrlandoPolice) June 12, 2016

Here is more terrifying video of the gunfire exchange:

Gunfire exchanged at #pulse nightclub hostage situation in #Orlando. pic.twitter.com/qeF0s6Ien6

— Nic Hornstein (@nichornstein) June 12, 2016

 

Medics were seen attending to victims on the sidewalk.

 

Walking to ORMC now. I’m ok. Friend got shot. I’ve never seen so much blood and mayhem or been so scared ever. pic.twitter.com/KyGhQGmWWQ

— John PA (@lakecitymedman) June 12, 2016

 

Dozens of witnesses in #pulseshooting bussed to @OrlandoPolice headquarters for questioning.@WFTV pic.twitter.com/Jay6mDa9aH

— Roy Ramos (@RRamosWFTV) June 12, 2016

The post Mass Shooting at Gay Orlando Nightclub Leaves at Least 20 Dead, 42 Injured appeared first on Towleroad.

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