How will Joe Biden GOVERN? General Biden Administration F**kery Thread

Pressure

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Merrick Garland :mjlol:

He's right. Though. Those legal carveouts always come back to bite you in the ass. :francis:

Attorney General Merrick Garland was questioned in a Senate hearing Wednesday about the department's positions in court. Garland explained that "the job of the Justice Department in making decisions of law is not to back any administration, previous or present."

"It is not always easy to apply that rule," Garland continued. "Sometimes it means that we have to make a decision about the law that we would never have made, and that we strongly disagree with as a matter of policy. But in every case the job of the Justice Department is to make the best judgment it can as to what the law requires."
 

Json

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He's right. Though. Those legal carveouts always come back to bite you in the ass. :francis:

Attorney General Merrick Garland was questioned in a Senate hearing Wednesday about the department's positions in court. Garland explained that "the job of the Justice Department in making decisions of law is not to back any administration, previous or present."

"It is not always easy to apply that rule," Garland continued. "Sometimes it means that we have to make a decision about the law that we would never have made, and that we strongly disagree with as a matter of policy. But in every case the job of the Justice Department is to make the best judgment it can as to what the law requires."
Yeah I realized this was what was behind that defending Trump in the defamation suit thing. AG is supposed to serve across party lines and be giving legal advice the president. If the AG/Justice department is giving legal advice to the president but not backing it up in court to defend him it’s a bad situation ripe for mistrust.
 
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Merrick Garland :mjlol:

Garland was a bad pick for 1) continuing to defend Trump in the Carroll defamation case, 2) backing GEO groups efforts to overturn California's ban on for-profit detention centers, and 3) defending the Trump admin decision allowing oil and gas drilling in Alaska, but not for this particular case. It's staving off more odious groups.


No, the Biden Administration Isn’t Betraying Its Support for LGBTQ Rights

These predictions are misleading. Biden has never suggested that he will fail to enforce or defend existing law, even if it authorizes anti-LGBTQ discrimination. His criticism of “the misuse of broad exemptions” focused on Trump administration policies that carved loopholes into existing civil rights laws, like a 2020 regulation letting health care providers refuse to treat LGBTQ patients. Implementing Bostock will have no effect on religious schools that are already exempt from nondiscrimination rules. And while Biden supports the Equality Act, that measure would not amend Title IX’s religious exemption either.

Why, then, is CCCU so eager to insert itself into this litigation? The likely answer can be found elsewhere in its filing, which makes sweeping arguments about religious schools’ right to discriminate. CCCU declared its intent to “establish that the Title IX exemption” is not only lawful, but “constitutionally required.” The organization alleged that religious institutions have a First Amendment right to discriminate against LGBTQ students however they see fit. Title IX’s exemption, in CCCU’s view, merely recognizes these institutions’ freestanding constitutional entitlement to mistreat gay and transgender students.

This position does not have any explicit basis in precedent, but recent Supreme Court decisions in favor of Christian schools suggest that the conservative justices are eager to free religious institutions from civil rights laws. If the courts adopted CCCU’s position, they would effectively turbo-charge the existing exemption. Schools might not even have to prove that they are actually “controlled by a religious organization,” or that non-discrimination law violates their “religious tenets.” Instead, to honor their “autonomy with respect to internal management,” courts would have to defer to schools’ own representations about their need to discriminate. And Congress would have no authority to tighten or close this loophole through future legislation.

The best way to prevent the federal judiciary from adopting CCCU’s extreme stance is to stop the organization from making it before a court in the first place. That is presumably one reason why the Justice Department strongly opposed the group’s request to intervene, insisting on Tuesday that the administration can defend the Title IX exemption just fine by itself. The DOJ’s latest filing does not imply that the agency is exceedingly enthusiastic about the exemption, but rather that the Biden administration can be trusted to support the law’s legality in court.



Biden Administration DOJ Says It Will Defend Exemption to Law That Allows Religious Schools to Discriminate Against LGBTQ Students

Before the government filed a response to the lawsuit, however, several religious organizations sought to step in and displace the DOJ to advocate for the religious exemption.

Fearing that the Biden administration would not “vigorously defend” the provision, three Christian universities—Western Baptist University, William Jessup University, and Phoenix Seminary—and the Council for Christian Colleges & Universities (CCCU) sought to intervene and defend the validity of the statutory provision. The religious entities specifically cited to statements and actions taken by the Biden administration to protect the LGBTQ community such as the March memo from the DOJ’s Civil Rights Division declaring that “[a]ll persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.”

But in Tuesday’s 12-page motion, the DOJ led by Biden-appointed Attorney General Merrick Garland asked the court to deny the request to intervene, arguing that none of the potential intervenors made a “compelling showing” that the federal government would not adequately defend the law, as is required for mandatory intervention under Rule 24(a)(2) of the Federal Rules of Civil Procedure.
 
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