‘Advice and Consent’ Means the Senate Must Vote on Merrick Garland

‘Advice and Consent’ Means the Senate Must Vote on Merrick Garland

Merrick Garland Barack Obama

Despite meetings with several Republican senators, despite two of them demanding hearings, and despite his unimpeachable credentials to sit on the Supreme Court, Merrick Garland seems no closer to getting Senate Republicans to move his nomination through the Judiciary Committee.

Mitch McConnell and his conference appear hell bent on obstructing President Obama once again, forgetting that a presidency is 8 years, not 7, and that their job is to provide “advice and consent” on presidential nominees.

Given this unjustified obstruction, a quixotic idea is starting to gain steam: President Obama does not have to wait for the Senate to act on Judge Garland’s nomination. If the Senate does not vote “yes” or “no,” its silence can be interpreted as “consent” and Judge Garland can become Justice Garland anyhow.

Although this may get us to the result we want — a progressive majority on the Supreme Court for the first time in 40 years — it would set a terrible precedent. I’m not talking about the erosion of separation of powers; I am unsympathetic for a Congress that has abdicated its legislative responsibilities and forced President Obama’s hand. Rather, interpreting the words “advice and consent of the Senate” in this way would elevate a literal, textualist interpretation of the Constitution, the same kind of interpretation the late Justice Antonin Scalia used so effectively to tread on the rights of marginalized populations.

The argument goes something like this:

Article II, Section 2, clause 2 of the Constitution, otherwise known as the Appointments Clause, reads, in relevant part: The President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Councils, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law …”

The President’s job is to “nominate” and “appoint.” The Senate’s job is “advice and consent.” Normally, when the Senate holds hearings and a vote, it can say yes or no to the President’s nominee. Since 1789, the Senate has done both. But the clause says nothing about a “vote.” The Constitution does not require the Senate’s “advice and consent” to come in the form of hearings and a vote. So, when the Senate declines to hold a vote, its silence can either be interpreted as implied consent, as is common in other areas of law, or as a waiver of its duty.

And Judge Garland becomes Justice Garland.

This is a dangerous argument. As much as we might want to see Judge Garland on the Supreme Court, President Obama should wait for a recalcitrant Senate to come around or for a new Senate to start its session. The ensuing constitutional battle — the appointment would be challenged in federal court — would damage the President’s (and the Democratic nominee’s) reputation and distract the country from the real issues at hand.

More importantly, it would elevate a “textual” interpretation of the Constitution over real-life considerations. Words, though important, should not be our only recourse. I also don’t particularly care to rely exclusively on what the Framers intended when they wrote “advice and consent”.

In today’s understanding of democracy — one-person, one-vote, direct election of senators, participatory primaries to select party nominees — keeping the Senate out of the process is illiberal and contrary to democratic values, however much the Senate suffers from capture by archconservatives and the monied Republican elite.

The post ‘Advice and Consent’ Means the Senate Must Vote on Merrick Garland appeared first on Towleroad.



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Michael Sam Says Coming Out As Gay Played A ‘Huge Part’ In NFL Teams Not Signing Him

Michael Sam Says Coming Out As Gay Played A ‘Huge Part’ In NFL Teams Not Signing Him

“I don’t regret coming out but I do wish things would have gone differently.”

The post Michael Sam Says Coming Out As Gay Played A ‘Huge Part’ In NFL Teams Not Signing Him appeared first on ThinkProgress.

thinkprogress.org/sports/2016/05/06/3776234/michael-sam-nfl-coming-out/

At University of Wisconsin-Milkwaukee, Trans Students May Have Finally Won True Locker Room Access

At University of Wisconsin-Milkwaukee, Trans Students May Have Finally Won True Locker Room Access

After outcry over the university’s supposedly “inclusive” bathroom policy, administrators changed the rules to stop discriminating against trans students.

The post At University of Wisconsin-Milkwaukee, Trans Students May Have Finally Won True Locker Room Access appeared first on ThinkProgress.

thinkprogress.org/education/2016/05/06/3775812/transgender-bathroom-policy/

HRC Holds Briefing on Discrimination Against LGBT People for Congressional Leaders

HRC Holds Briefing on Discrimination Against LGBT People for Congressional Leaders

Yesterday, HRC and the LGBT Equality Caucus on Capitol Hill hosted a congressional staff briefing to outline recent decisions from Federal courts and interpretations by the Equal Employment Opportunity Commission (EEOC) regarding discrimination against LGBT people as unlawful sex discrimination under existing law.  

The EEOC’s Commissioner Chai Feldblum provided an overview of key EEOC cases. In Macy v. Holder, the EEOC ruled that transgender discrimination is prohibited under Title VII of the Civil Rights Act’s prohibition against sex discrimination. In Baldwin v. Department of Transportation, the EEOC ruled that sexual orientation discrimination is prohibited under Title VII’s prohibition against sex discrimination.

Harper Jean Tobin, Director of Policy at the National Center for Transgender Equality, spoke about the growing number of federal agencies that are adopting these interpretations in their regulations. By doing so, they are making it clear that gender identity and sexual orientation discrimination are prohibited under federal laws that prohibit sex discrimination. HRC Senior Legislative Counsel Robin Maril noted that many agencies have adopted the EEOC’s interpretation in Macy v. Holder. However, a number have been slow or are reluctant to adopt the Commission’s ruling in Baldwin pertaining to discrimination based on sexual orientation.

While all the speakers applauded the Obama Administration’s adoption of the EEOC’s decision in Macy, they also agreed that there was more to do. It is imperative that pending federal rules, including the regulation implementing the non-discrimination provisions (Section 1557) of the Affordable Care Act, adopt the interpretation of sexual orientation discrimination as unlawful sex discrimination, as illustrated in the EEOC’s opinion in Baldwin. The speakers also agreed that it is crucial that Congress pass consistent and explicit non-discrimination protections for LGBT people. The Equality Act would provide these protections across key areas of life, including employment, housing, credit, education, public spaces and services, federally funded programs, and jury service.  

Under President Obama’s leadership, the Administration has proactively instituted many far-reaching administrative and regulatory policy changes that have dramatically improved the lives of LGBT people in all 50 states and around the world.

www.hrc.org/blog/hrc-holds-briefing-on-discrimination-against-lgbt-people-for-congressional?utm_source=rss&utm_medium=rss-feed

SIGN PETITION: South Carolinian trans advocate calls to meet with sponsor of anti-trans bill

SIGN PETITION: South Carolinian trans advocate calls to meet with sponsor of anti-trans bill

Blair Durkee

Blair Durkee, a graduate student and transgender advocate in South Carolina, has called upon Senator Bright, the sponsor of the anti-trans measure S. 1203, to meet with her to discuss the harmful effects of anti-LGBT legislation on the people they target. Her Change.org petition launched yesterday.

VIEW AND SIGN THE PETITION HERE

Senate Bill 1203 had attempted to ban municipalities from establishing protections that would allow transgender people to use bathrooms, ban any state building from allowing transgender people to access sex-designated restrooms, and ban schools from allowing transgender people to access sex-designated restrooms. S. 1203 was defeated after many, including local businesses, vocally opposed the bill, along with notable politicians such as Republican Governor Nikki Haley.

While S. 1203 was defeated, the anti-LGBT sentiment that helped to form that bill has not been. This is why Blair is calling on Senator Bright, who threatened to introduce a bill that would cut funding to local governments that do not discriminate against transgender people following the defeat of S. 1203, to meet with her and other transgender advocates.

Blair has asked to meet with Senator Bright before sine die adjournment on June 2, when the legislative session in South Carolina ends for the year. Blair hopes that by reaching out to Senator Bright, she can amplify the voices of transgender South Carolinians in the wake of S. 1203.

Blair writes, “In this vital election year, we cannot shift the conversation towards equality, fairness, and equal access if our decision-makers, statewide or nationwide, do not know who we are and what we stand for,” calling for a meeting so that Senator Bright can understand the communities that he is harming through his discriminatory legislation.

She adds:

So, allow me to introduce myself to you, Senator Bright. I’m Blair, I’m a student at Clemson, and the attitudes behind S. 1203 hurt me and people like me. Bills like the one you’ve sponsored spread stereotypes and lies about who I am, and put me in danger.  In reaching out to you, I hope to amplify the voices of transgender South Carolinians, whom your bill sought to silence.

You can sign the petition to call on Senator Bright here.

Blair has spoke about transitioning as an undergradute student in the mini documetnary, GLAAD Presents: State of Change – South Carolina. When the people around you do not respect your identity, she explains, “It’s hard to have hope in the beginning.”

GLAAD offers multiple resources for accurately covering bills such as S.1203 and LGBT Southerners. Check them out below:

 
 
May 6, 2016

www.glaad.org/blog/sign-petition-south-carolinian-trans-advocate-calls-meet-sponsor-anti-trans-bill

The GLAAD Wrap: Ellen DeGeneres announces digital network, 'Dear White People' series at Netflix, and more!

The GLAAD Wrap: Ellen DeGeneres announces digital network, 'Dear White People' series at Netflix, and more!

Photo Credit:Facebook.com/EllenTV

Every week, The GLAAD Wrap brings you LGBT-related entertainment news highlights, fresh stuff to watch out for, and fun diversions to help you kick off the weekend.

1) Those People opens in select theaters in New York and Los Angeles today and will roll out to DVD and video on demand in June. The film follows Charlie, a young painter who finds himself falling for an older pianist, Tim, but he is still in love with his manipulative best friend who is currently in the midst of a financial scandal. Those People won the award for Best Narrative at NewFest and the Audience Award for Best First Feature at OutFest, check out the trailer below.

2) Out actress/comedian Kate McKinnon has been cast in the upcoming comedy Rock That Body about five female friends who rent a home in Miami for a wild bachelorette weekend that ends up getting completely out of control. The script was acquired by Sony.

3) Ellen DeGeneres has announced the launch of the Ellen Digital Network with a programming slate of original programming and user-generated content. DeGeneres has signed out YouTube star Tyler Oakley, who was honored with GLAAD’s Davidson/Valentini Award, to a content-development pact for a range of digital features with an aim towards eventually developing TV projects as well.

4) Netflix has announced a new series based off the GLAAD Media Award-nominated film Dear White People from out writer/director Justin Simien. The 10-episode, 30-minute series will premiere in 2017 and, like the film, follow a group of black students at an Ivy League college as they navigate racial politics on a primarily white campus. Lionel, one of the central characters of the film, made GLAAD’s list of most intriguing LGBT characters in 2014.

5) In other TV news, FX has picked up a new anthology series from Ryan Murphy. Feud will feature a different celebrity feud each season with the first covering Bette Davis and Joan Crawford’s rift during the filming of the movie What Ever Happened to Baby Jane? Hulu’s The Mindy Project has been renewed for a fifth season. The CBS Diversity Institute currently has an open Directing Initiative that aims to help talented candidates attempting to break into network TV, applications will be accepted through May 30.

6) Out musician Tyler Glenn, best known as the lead singer of Neon Trees, has released his first solo track and music video. The single “Trash” is about his relationship to his faith and the Mormon Church. Glenn tells Rolling Stone a full solo album is forthcoming and that his solo career does not mean that the group is over. Check out “Trash” below, available on iTunes now.

7) Tegan and Sara have released the video for their new track “U-Turn,” the video is directed by Seth Bogart (formerly the lead of Hunx and His Punx). The track is off Tegan and Sara’s upcoming album Love You To Death, out June 3, which is available for pre-order now. The sisters also recently announced dates for their international tour, going on now.

8) The new film After Louie has launched a crowdfunding campaign to cover the costs of production. The film follows Sam (Alan Cumming), a middle-aged gay man in present day New York who was a member of the AIDS advocacy group ACT UP in the 80s and 90s, and his perception of what he believes to be the younger generation’s indifference towards AIDS and sex politics. Sam finds himself unexpectedly involved with Braeden, a younger man who “challenges Sam’s understanding of contemporary gay life.” Check out the video below for more on the project and visit the After Louie Kickstarter.

May 6, 2016

www.glaad.org/blog/glaad-wrap-ellen-degeneres-announces-digital-network-dear-white-people-series-netflix-and-more

Interview: Summayah Dawud talks about being a transgender Muslim woman

Interview: Summayah Dawud talks about being a transgender Muslim woman

PC: Summayah Dawud

In an effort to continually raise awareness and celebrate transgender people, GLAAD has conducted interviews with transgender individuals of faith as part of an ongoing series. This series aims to highlight the reality that transgender people exist across many religions and faiths.

Sumayyah Dawud is a transgender Muslim woman and a human rights activist. She was assigned male at birth and transitioned in November 2010. Sumayyah embraced Islam in March 2013 after having studied and explored many world religions. She was born and raised in Arizona and has spent most of her life in Phoenix and Tucson. Sumayyah loves the outdoors but is not so fond of the hot summer months. Her daily routine is not complete without at least one large iced espresso drink with whipped cream on top.

 

GLAAD: What is your relationship to your faith?

Sumayyah Dawud: I am a Muslim. I converted to Islam in 2013 and I consider Islam to be central to my life and the most important aspect of my life. I arrived at this decision to become Muslim after exploring many world religions and finding complete agreement with the beliefs and practices of Islam.

GLAAD: How has your faith impacted your coming out process/transition?

Sumayyah Dawud: I went through my gender transition in 2010 so I was already living full time as a woman when I embraced Islam. Knowing that the Muslim community has an unfortunate level of transphobia and ignorance regarding transgender people, I chose to keep my status as transgender private except to close friends. However, in 2015 leaders at the mosque I most frequently attended obtained information about me being transgender and then publicly outed me and banned me from the mosque. Since then I have been working at advocating for the rights and inclusion of transgender Muslim women.

GLAAD: What do you want to tell to people of faith who do not understand what it means to be transgender, or still hold onto misinformation and stereotypes?

Sumayyah Dawud: Being transgender is not a choice, it is simply who we are. Our gender is inborn and cannot be chosen. Transgender people are not deceiving anyone but rather just being ourselves and we should be accepted, loved, and included the same as any other human being in this world

 

GLAAD: What stories or lessons from you faith do you find inspiring as a transgender person?

Sumayyah Dawud: No specific story in particular but Islam in general strongly values those who strive in the face of difficulties and do not give up. Islam encourages Muslims to be patient, always trust in Allah, and to stand up for ourselves and others who are oppressed or face injustices. As a transgender woman who has been oppressed both inside and outside of the Muslim community, I find solace and guidance from Islam on how to be myself and grow in my faith.

GLAAD: How accepting has your faith community been during your transition? Do you think they can be even more accepting?

Sumayyah Dawud: Once my status as transgender became public, I have found the community rather polarized on the issue. Many Muslims have come forward and expressed their support, love, and understanding as well as acceptance for who I am. There are many Muslims, however, who will not associate with me or support me including Islamic leaders. I pray that the community will become more educated and accepting over time.

GLAAD: If you could go back and tell your younger self one thing, what would it be?

Sumayyah Dawud: I would tell my younger self not to worry about what other people think and to just be myself.

May 6, 2016

www.glaad.org/blog/interview-summayah-dawud-talks-about-being-transgender-muslim-woman

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