Super excellent opinion article in the The Atlanta Journal-Constitution with this headline (formatted to fit the blog):
“The great
overreach: Trump’s executive orders tilt toward tyranny”
The administration is
rushing the electorate with orders that essentially say: “This is the law
because I say so.” But, that’s not the case.
BACKGROUND: On January 31, the EEOC staff received a new directive from its Trump-appointed acting chair.
The directive instructed staff to halt the processing of EEOC charges alleging sexual orientation discrimination or discrimination based on gender identity and that all charges so alleging should be sent to national headquarters for review to make sure they “Comply with applicable executive orders to the fullest extent possible.”
That directive flies in the face of the United States Supreme Court decision Bostock v. Clayton County, a 2020 (6-3 majority decision) penned by Trump-appointed Justice Neil M. Gorsuch, in which the Supreme Court found that discrimination based on sexual orientation or based on gender identity is illegal sex discrimination under Title VII.
It is unconstitutional to defer or delay these
charges simply because they are brought by employees this administration
prefers not to protect. The law as stated by the Supreme Court requires that
these employees be treated fairly and equally. The charges should be processed
timely, just as with any other charge.
The president does not have the authority to overrule the Supreme Court by executive order or otherwise.
It is a bedrock principle of our constitutional democracy that there are three co-equal branches of government: (1) the Legislative; (2) the Executive; and (3) the Judicial.
When Trump seeks to overrule a
Supreme Court case, he is ignoring our constitutional democracy and, instead,
making a power grab, overreaching his authority.
It is up to the officials at the EEOC to ignore this illegal directive or challenge this directive in a court of law.
To do otherwise would
be to not only bow to an illegal Trump mandate but also to ignore illegal
sexual orientation or gender-based discrimination, which has been recognized as
actionable by the High Court.
Separate and apart from the illegality of a new
administration’s directive, is also the cruel marginalization of two groups of
people who, in recent times, were recognized as equal under the laws of this
country.
By directing the EEOC to delay or defer the processing of charges from these two groups, the Trump administration is sending a not-very subtle message to employers: Discriminate at will against gay and transgender employees.
Of course, the other side of that coin is that gay and transgender
employees will live in fear in the workplace, operating with the belief that
they are no longer protected by Title VII.
Executive Order 14183, is captioned “Prioritizing Military Excellence and Readiness,” and it rescinds Executive Order 14004, which permits military service regardless of gender identity.
Again, Trump chose to marginalize this minority group. It is an open question
as to whether under Bostock such marginalization is illegal
under Title VII.
More broadly speaking, it appears the Trump administration is promulgating a rash of illegal executive orders that fly in the face of the Constitution and other well-established laws.
This appears to be an effort to flood our country with illegal orders to overwhelm those who would oppose such actions and fracture and destroy the rich and diverse human family in our country.
Other examples of his executive order are these two: (1) Outlawing birthright citizenship (a clear violation of the 14th Amendment, already struck down by one court), and (2) the sudden termination of numerous federal employees in violation of civil service laws and due process and procedures to remove any “merit-based career employee” (not political appointee).
I add this Federal law rule insert: Outlines the process from the Civil
service regulation for removal from office:
Notice
1 The employee must be notified of the charges
against them and the reasons for the removal.
2 The employee must be given a copy of the charges
and a reasonable time to respond.
3 The employee must be given a written decision
about their response.
Reasons
1 The removal must be for a cause that promotes
the efficiency of the service.
2 The removal must be for a reason that is given
in writing.
3 The removal must be for a reason that is
consistent with merit system principles.
Appeals
1 The employee has the right to appeal the removal
to the Merit Systems Protection Board (MSPB).
2 The employee must be informed of the time limit
for appealing and the MSPB office to which to appeal.
3 The employee must be given a notice of decision
that includes the reasons for the removal and the effective date of the
removal.
Other factors that
may be considered when determining whether to remove an employee include:
· Gross mismanagement
· Abuse of authority
· Incompetency
· Inefficiency
· Neglect of duty
· Substantial-Specific danger to public
health or safety
Trump is rushing the electorate with a series of orders that
essentially say: “This is the law because I say so. It is not. He does not
have that authority. We are still a government of, by, and for the people,
governed by a Constitution that recognizes three distinct branches of
government that is a check on each other.”
These orders and other efforts to overstep the Constitution
must be opposed vigorously by litigation or legislation. This needs to happen
immediately lest we lose our republic to tyranny.
An example of justice at work against Trump’s moves:
Federal judge blocks freeze on federal grants & loans
White House rescinds EO freezing federal grants after confusion
My 2 Cents: The opinion article above from Attorney Ed Buckley
expresses my view of the Trump-Musk whatever we call it precisely 100%.
More and more people in
the legal business and concerned about the antics of Trump & Musk are the
guardrail we so desperately need at this dangerous time in our country to stop
and curtail those two and the “Trump-Musk Empire” they seek” taking us from our
current form of government based on constitution with the three branches of
government of, by, and for the people with checks and balances and rule of law
and justice for all to that Trump-Musk are dragging us into a one branch: Trump’s
branch with no checks or balance and oversight by Congress – only one that does
what he tells it to do.
That’s the direction I see
Trump-Musk dragging us into now. What about your view – what do you think?
Well, that’s view. Hopefully
it’s yours, too.
Thanks for stopping by.
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