How Trump Judges Are Undermining

Education

AFJ Action Campaign is tracking the votes of every senator up for reelection in 2020 on Trump’s worst of the worst judges. Each senator who voted to confirm these judges owns the decisions—these decisions are harming people every day. See how your senator voted for some of the worst of the worst judges here.

In L.J. v. School Board of Broward County, Florida, Eleventh Circuit judge Britt Grant sided with a school that had failed to fully implement an individualized education program (IEP) for L.J., a middle school student with autism. According to Grant, the school’s failure to follow through with all of the sections of L.J.’s IEP was not a violation of the IDEA. As a result of her decision, it will be more difficult for students with disabilities to challenge schools that do not meet their legally protected educational needs.


In Lee et. al v. Macon County Board of Education, Alabama district court judge Annemarie Marie Axon ended a 48-year-old school desegregation order against Calhoun County schools that had been in place since 1971.


In Doe v. Oberlin College, Sixth Circuit judge Chad Readler joined an opinion stating that Oberlin College discriminated against a male student through anti-male bias when it found him guilty of sexual assault based on complaints from a female student.


In Doe v. Baum, Sixth Circuit judge Amul Thapar contrary to other courts that have addressed the issue, that due process requires parties to be cross-examined in university proceedings established to address incidents of sexual assault. Moreover, Thapar allowed the named perpetrator to bring a Title IX claim against the school on the grounds that the proceedings were “anti-male” and demonstrated “gender-bias.”


In Deweese Ex. Rel. M.D. v. Bowling Green Independent School District, Sixth Circuit judge Amul Thapar ruled against a teenage girl who was sexually assaulted by an older classmate, allowing her assailant to transfer back to her school. Thapar minimized the trauma she endured, claiming, “While we wish we lived in a world where schools could prevent the kind of discomfort [she] suffered, we do not.”


In Kollaritsch v. Michigan State University Board of Trustees, Sixth Circuit judge Amul Thapar voted to reverse a lower court’s decision to allow four victims of sexual assault to bring claims against Michigan State University after their perpetrators were allowed to remain on campus.


Although not in the majority, in Gary B. v. Whitmer, Sixth Circuit judge Eric Murphy argued against a finding that that the Fourteenth Amendment’s Due Process Clause protects a fundamental right to a “basic minimum education” that is potentially violated when the state fails to provide adequate public schools and foundational literacy. The case involved students at several of Detroit’s worst-performing public schools, which had missing or unqualified teachers, physically dangerous facilities, and inadequate books and materials. When the case was reconsidered en banc, Trump Sixth Circuit judges Amul Thapar, John Bush, Joan Larsen, John Nalbandian, Chad Readler, and Eric Murphy all voted to reverse the decision.

 


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