HOW TRUMP JUDGES ARE UNDERMINING

Racial Justice

In EEOC v. AutoZone, Trump Seventh Circuit judge Amy Coney Barrett sided against an African-American worker whose company transferred him to another store in accordance with their practice of segregating employees by race. As three dissenting judges noted, this allowed the company to continue a “separate-but-equal arrangement” despite Congress’s intent in passing the Civil Rights Act of 1964 to eliminate such blatant racism.


In Inclusive Communities Project. v. Lincoln Dev. Co., Trump Fifth Circuit judges Don Willett, Kurt Engelhardt, Kyle Duncan, James Ho, and Andrew Oldham cast deciding votes to undermine the Fair Housing Act, making it very difficult to bring disparate impact claims.


In Lewis v. City of Union City, Trump Eleventh Circuit judges Kevin Newson and Britt Grant upheld the dismissal of a workplace discrimination case in a manner that the dissent noted was contrary to Supreme Court precedent and “drops an anvil on the employer’s side of the balance.”


In Lewis v. Governor of Alabama, Trump Eleventh Circuit judges Kevin Newson, Britt Grant, and Elizabeth Branch dismissed a lawsuit brought by the NAACP after the state legislature nullified a Birmingham ordinance that raised the local minimum wage; the NAACP argued that the state purposefully discriminated against Birmingham’s Black-majority city council and citizens. 

 


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