A judicial oversight commission has dismissed a complaint against a liberal-leaning Wisconsin Supreme Court justice who accused an attorney for former President Donald Trump of making racist contentions and trying to protect his “king” in a case challenging the 2020 election results in the battleground state.
Judicial complaints are confidential under Wisconsin law but Justice Jill Karofsky released documents to The Associated Press on Saturday that show a retired attorney in Maryland filed one against her with the Wisconsin Judicial Commission two years ago. The commission decided in November 2022 not to discipline her but warned her to remain neutral and avoid making sarcastic remarks from the bench.
Karofsky’s attorney remained defiant, telling the commission in a letter Tuesday that Karofsky was trying to save the U.S. government and accusing the panel of allowing itself to become a political weapon.
“The Judicial Code (sic) requires judges to act with impartiality towards the parties, but it does not require a judge to turn a blind-eye to dangerous, bad-faith conduct by a lawyer or litigant,” Karofsky said in an email to the AP, quoting a passage from one of her attorney’s responses to the commission. “It is beyond reason to read the Code to require judges to be mouse-like quiet when parties are arguing in favor of a slow-motion coup.”
Trump filed suit in Wisconsin in December 2020 after a recount confirmed Democrat Joe Biden had won the state by about 21,000 votes. The filing was one of scores of lawsuits Trump filed across multiple states in an unsuccessful attempt to overturn the election results and remain in office.
The Wisconsin lawsuit asked the state Supreme Court to toss out about 171,000 absentee ballots cast in Dane and Milwaukee counties. The conservative-leaning court ultimately rejected the lawsuit by a 4-3 vote, with swing Justice Brian Hagedorn casting the deciding vote to uphold Biden’s victory in the battleground state.
Maryland attorney Fletcher Thompson filed a complaint against Karofsky in January 2021 accusing her of being hostile toward Trump attorney Jim Troupis. He noted that during oral arguments Karofsky told Troupis that the lawsuit “smacks of racism” because it sought to toss out absentee ballots in Wisconsin’s two most diverse counties.
A Trump administration ban on bump stocks — devices that enable a shooter to rapidly fire multiple rounds from semi-automatic weapons after an initial trigger pull — was struck down Friday by a federal appeals court in New Orleans.
The ban was instituted after a gunman perched in a high-rise hotel using bump stock-equipped weapons massacred dozens of people in Las Vegas in 2017. Gun rights advocates have challenged it in multiple courts. The 13-3 ruling at the 5th U.S. Circuit Court of appeals is the latest on the issue, which is likely to be decided at the Supreme Court.
The decision doesn’t have an immediate effect on the ban though because the case now moves back to the lower court to decide how to proceed.
The case was somewhat unique because the issue involves not the Second Amendment but the interpretation of federal statutes. Opponents of the ban argued that bump stocks do not fall under the definition of illegal machine guns in federal law. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives says they do, a position now being defended by the Biden administration.
“A plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of ‘machinegun’ set forth in the Gun Control Act and National Firearms Act,” Judge Jennifer Walker Elrod wrote in the lead majority opinion.
The court found that the definition of a machinegun — which is set out in two different federal statutes — “does not apply to bump stocks.”
The ban had survived challenges at the Cincinnati-based 6th U.S. Circuit Court of Appeals; the Denver-based 10th Circuit; and the federal circuit court in Washington. A panel of three judges at the 5th Circuit also issued a ruling in favor of the ban, upholding a lower court decision by a Texas federal judge. But the full New Orleans-based court voted to reconsider the case. Arguments were heard Sept. 13.
Bump stocks harness the recoil energy of a semiautomatic firearm so that a trigger “resets and continues firing without additional physical manipulation of the trigger by the shooter,” according to the ATF. A shooter must maintain constant forward pressure on the weapon with the non-shooting hand, and constant pressure on the trigger with the trigger finger, according to court records.
New Jersey Gov. Phil Murphy on Thursday signed an overhaul to the rules to get a firearm carry permit, legislation that was spurred by this summer’s U.S. Supreme Court ruling expanding gun rights.
“While we are bound to follow the Supreme Court’s ruling, we are also obligated to do everything we can to make sure guns don’t proliferate,” Murphy, a Democrat, said before signing the measure during a ceremony in Scotch Plains.
The Democrat-led Senate had passed the measure Monday, sending it to Murphy’s desk. Republicans had opposed the legislation, raising questions about its constitutionality, and gun rights advocates predicted it wouldn’t pass constitutional muster.
“By signing this legislation, Gov. Murphy has effectively ended any chance of ever being elected to higher office outside of New Jersey, and has confirmed that the Constitution is indeed ‘above his pay grade,’” said Scott Bach, the head of the Association of New Jersey Rifle and Pistol Clubs.
The legislation scraps New Jersey’s current requirement that those seeking a permit to carry a firearm show “justifiable need” and be of “good character” to reflect the Supreme Court’s June ruling. Other changes in the legislation include disqualifications for those who have been confined over their mental health, people who have had restraining orders as any “fugitive from justice.”
The Biden administration is no longer accepting applications for student loan forgiveness after a second federal court shut down the program.
“Courts have issued orders blocking our student debt relief program,” the Education Department said on its federal student aid website. “As a result, at this time, we are not accepting applications. We are seeking to overturn those orders.”
Fulfilling a campaign pledge, President Joe Biden announced in August plans to forgive up to $20,000 in federal student loan debt for individuals with incomes below $125,000 or households earning less than $250,000. The White House has estimated that more than 40 million people could qualify.
Already, about 26 million people have applied, and 16 million applications have been approved. However, because of court rulings, none of the relief has actually gone out. The Department of Education would “quickly process their relief once we prevail in court,” White House Press Secretary Karine Jean-Pierre said.
U.S. District Judge Mark Pittman in Texas ruled Thursday that Biden had overstepped his authority in creating the debt relief program without congressional approval.
“In this country, we are not ruled by an all-powerful executive with a pen and a phone. Instead, we are ruled by a Constitution that provides for three distinct and independent branches of government,” Pittman wrote. The administration has appealed that ruling.
Pittman’s ruling came after the 8th U.S. Circuit Court of Appeals temporarily stopped the program while it considers whether to impose a permanent ban. That case was brought by a half-dozen Republican-led states.
Student loan forgiveness is likely to end up before the Supreme Court.
People with student loan debt have not been required to make payments during the pandemic. But payments are set to resume, and interest will begin to accrue again, in January.
Biden has said the payment pause would not be extended again, but that was before the court rulings. It was not clear whether the pause might be continued while the legal challenges to the program play out.
As for loan forgiveness, the Education Department said on its website that it would hold on to the applications for those who have already applied.
Charles Booker’s political stock rose in Democratic circles two years ago as he voiced outrage over the deaths of Black Americans in encounters with police, including in his hometown in Kentucky.
That climb out of obscurity has given the Black former state lawmaker from Louisville a springboard to challenge Republican U.S. Sen. Rand Paul, a nationally known former presidential candidate who is seeking a third term in ruby red Kentucky.
Seeking wider appeal beyond core Democratic voters in a conservative state, Booker has now jumped into the fray on abortion access in the Bluegrass State after the demise of Roe v. Wade. The issue is at the forefront of Kentucky’s Nov. 8 election, when voters will decide whether to amend the state’s constitution to declare outright that it doesn’t protect the right to an abortion. Abortion-rights supporters hope to build a majority coalition against the amendment that includes independents and moderates from both major parties.
In campaigning, Booker is showing the same zeal for abortion rights that he did for social and economic justice issues in 2020, when he barely lost his party’s Senate primary — a surprisingly strong showing and launchpad for securing the Democratic nomination this year.
And he’s using the issue to challenge Paul’s deeply rooted national reputation as a champion of keeping government out of people’s lives, even as the senator has vowed to support legislation toward ending legal abortion.
Lawmakers in the border state of Tamaulipas voted Wednesday night to legalize same-sex marriages, becoming the last of Mexico’s 32 states to authorize such unions.
The measure to amend the state’s Civil Code passed with 23 votes in favor, 12 against and two abstentions, setting off cheers of “Yes, we can!” from supporters of the change.
The session took place as groups both for and against the measure chanted and shouted from the balcony, and legislators eventually moved to another room to finish their debate and vote.
The president of the Supreme Court of Justice of the Nation, Arturo Zaldívar, welcomed the vote. “The whole country shines with a huge rainbow. Live the dignity and rights of all people. Love is love,” he said on Twitter.
A day earlier, lawmakers in the southern state of Guerrero approved similar legislation allowing same-sex marriages.
In 2015, the Supreme Court declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.
While the nation waits for the Supreme Court’s opinion on a blockbuster abortion case that could overturn Roe v. Wade, Planned Parenthood of Washington is getting ready for an increase in out-of-state patients seeking an abortion.
“We are already seeing patients from Texas, from Oklahoma. I saw a patient a couple of weeks ago from Alabama,” Dr. Erin Berry, gynecologist and Washington state medical director of Planned Parenthood of the Great Northwest and the Hawaiian Islands, told KING-TV.
Planned Parenthood of the Great Northwest said it’s working to see which locations in Washington could open up for additional days if needed and upping its patient navigation teams, which help patients with appointments and travel arrangements.
“There’s a lot of unknown,” Berry said. “We also ultimately do not know how many people will be coming in from where and what their needs will be.”
Twenty-six states are likely to have total or near-total bans on abortion if Roe v. Wade is overturned. Idaho’s trigger law bans all abortions with exceptions for rape, incest and if the mother’s life is at risk.
According to the Guttmacher Institute, a research group that supports abortion rights, 230,000 patients could travel across state lines from Idaho seeking an abortion.
Berry said it’s expensive for patients to travel across the country to access medical care and fears for funding in the long term.
The looming decision is creating uncertainty for more than just patients. The Washington Medical Commission, which regulates physician license in Washington, said if Roe v. Wade is overturned it could raise practice concerns for Washington licensees.