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DoJ and North Carolina Trading Lawsuits Over Bathrooms

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Really? How did we get here after all these years? Loretta Lynch, U.S. Attorney General made her official statement today and one key word she used was ‘privacy’….exactly whose privacy is protected? This is so twisted.

The Justice Department had alleged the North Carolina law violated Title IX, the federal law that bars sex discrimination in education. But the lawsuit is silent about Title IX, likely because of a recent decision by the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals. This could place North Carolina in jeopardy of billions of dollars of federal aid…..nothing about violating the 10th Amendment…..

North Carolina Turns to Prominent Conservative Lawyer to Defend ‘Bathroom’ Law

Provided by the National Law Journal:

Judge assigned to the case is a Reagan appointee whose nomination to the Fourth Circuit stalled amid Democratic opposition.

The 10 page lawsuit is found here.

A go-to lawyer for Republican governors facing scandal and controversy will represent North Carolina Gov. Patrick McCrory as he defends a state law that requires transgender state employees to use the bathroom that corresponds to the gender on their birth certificates.

Karl “Butch” Bowers Jr. of Bowers Law Office in Columbia, South Carolina, is part of the legal team that sued the U.S. Department of Justice on McCrory’s behalf on Monday. Last week, the Justice Department threatened legal action over the law, known as HB2.

Bowers is a lead attorney in one of three lawsuits filed on Monday related to the contested North Carolina law, known as HB2. Several hours after McCrory filed suit, two state legislators sued the Justice Department in defense of the law. Then the Justice Department sued McCrory, several days after threatening legal action.

A former special counsel for voting matters in the Justice Department under President George W. Bush, Bowers is also representing McCrory in separate litigation over the state’s voter identification law in the U.S. Court of Appeals for the Fourth Circuit.

Gupta last week called HB2 discriminatory and in violation of the federal Civil Rights Act. She asked McCrory to respond by Monday with a pledge not to enforce the law. McCrory struck back with Monday’s lawsuit, filed in the U.S. District Court for the Eastern District of North Carolina. The complaint seeks a ruling that HB2 is lawful.

Bowers did not immediately return a request for comment, nor did his co-counsel, Robert Stevens, general counsel in the governor’s office, and William Stewart Jr. of Millberg Gordon Stewart in Raleigh.

The case is before U.S. District Judge Terrence Boyle, appointed by President Ronald Reagan in 1984. A former legislative aide to former North Carolina Sen. Jesse Helms, Boyle repeatedly faced Democratic opposition when two presidents—the elder Bush and the younger Bush—unsuccessfully tried to nominate him to the Fourth Circuit.

Boyle was nominated to the Fourth Circuit in 1991, and then six more times between 2001 and 2006, according to judiciary records. The Senate never voted on his nomination. Legal Times reported in 2007 that Democratic opposition to Boyle was in part political payback for Helms’ blocking of judicial nominees during the Clinton administration.

Governors’ go-to lawyer

McCrory is the latest in a line of Republican governors to seek Bowers’ help.

Bowers represented South Carolina Gov. Nikki Haley in ethics proceedings in the state Legislature about whether she illegally lobbied for private companies while she was a member of the House. The ethics committee cleared her of wrongdoing in 2012.

Bowers counseled former South Carolina Gov. Mark Sanford, who faced impeachment after he disappeared for several days in 2009 on what was later revealed to be a trip to Argentina to visit his mistress. Sanford also faced an ethics investigation into his use of state resources for personal travel. South Carolina Republicans ultimately censured Sanford but did not vote to impeach him.

In 2007, Bowers took a one-year leave from private practice to serve as special counsel for voting matters in the Justice Department. The following year, he served as a lawyer to the presidential campaign of Sen. John McCain, R-Arizona, in Florida.

In 2012, Bowers joined a team of lawyers representing South Carolina in litigation over the state’s voter identification law. A special three-judge panel in Washington found that the law was not discriminatory, although the judges blocked it from taking effect for the November 2012 election.

Less than a year later, the U.S. Supreme Court struck down a key section of the federal Voting Rights Act that in effect eliminated the requirement that states such as South Carolina seek court approval before making changes to election processes.

There are now four lawsuits pending over HB2.

Updated at 4:05 p.m.

In March, the American Civil Liberties Union, joined by Jenner & Block and Lambda Legal, filed a complaint in the U.S. District Court for the Middle District of North Carolina arguing that the law is unconstitutional.

The two North Carolina legislators who filed suit on Monday in the Eastern District of North Carolina—Phil Berger, president pro tempore of the state Senate, and Tim Moore, speaker of the House of Representatives—are represented by Gene Schaerr and S. Kyle Duncan of Schaerr | Duncan in Washington.

Schaerr in 2014 left a partnership at Winston & Strawn to defend Utah’s same-sex marriage ban. Kyle is the former general counsel of the Becket Fund for Religious Liberty.

In remarks on Monday announcing the Justice Department’s lawsuit, Lynch said that discriminatory measures against transgender individuals that followed the Supreme Court’s ruling last year legalizing same-sex marriage was akin to the Jim Crow laws that followed the Emancipation Proclamation and the backlash to the Supreme Court’s Brown v. Board of Education decision in 1954.

Addressing the transgender community, Lynch said that the Justice Department and the Obama administration “want you to know that we see you, we stand with you, and we will do everything we can to protect you going forward.”

Updated with information on additional lawsuits filed on Monday. North Carolina’s lawsuit is posted below.

 

 

Posted in Citizens Duty, common core education, DOJ, DC and inside the Beltway, government fraud spending collusion, Presidential campaign, The Denise Simon Experience, U.S. Constitution, Whistleblower.

Denise Simon