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LymphocyteLover

(5,641 posts)
Mon Jan 16, 2023, 10:38 AM Jan 2023

Hakeem Jeffries Stumps for Conservative Judge

Last edited Mon Jan 16, 2023, 02:17 PM - Edit history (1)

WTF! Why is he doing this??? What am I missing here?

Progressives charge that Hector D. LaSalle is too conservative, anti-abortion, anti-labor and anti-due process and his appointment would tilt New York’s top court further to the right.
Common Dreams Staff
Jan 16, 2023

House Minority Leader Hakeem Jeffries joined New York Gov. Kathy Hochul and other state Democrats at a Bronx rally Saturday, just days ahead of what is sure to be a contentious confirmation hearing in which progressive lawmakers opposed to LaSalle’s appointment to lead the state Court of Appeals could be decided.

Progressives charge that Hector D. LaSalle is too conservative, anti-abortion, anti-labor and anti-due process and his appointment would push one of New York's highest courts even further to the right.

Jeffries, however, voiced his support for the judge, saying LaSalle is “highly qualified to serve as the chief judge.”


https://www.commondreams.org/jeffries-lasalle

70 replies = new reply since forum marked as read
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Hakeem Jeffries Stumps for Conservative Judge (Original Post) LymphocyteLover Jan 2023 OP
That does seem at odds with the historic Democratic Party. Kid Berwyn Jan 2023 #1
When something sounds totally unbelievable (such as the charge that Jeffries is advancing Just A Box Of Rain Jan 2023 #5
Thanks. No offense, I won't censor Common Dreams. Kid Berwyn Jan 2023 #21
Actually, liberals have a looong, committed history of cooperating Hortensis Jan 2023 #57
Post removed Post removed Jan 2023 #2
Or find out the facts, first. Just A Box Of Rain Jan 2023 #6
Facts often aren't impoetant SickOfTheOnePct Jan 2023 #23
You're going to have to make a lot of calls onenote Jan 2023 #42
Any Dem who is in leadership and supports ANYONE who is anti abortion, anti labor and anti due Autumn Jan 2023 #3
What's an insult is piling on to an attack on Jefferies, the Democratic governor of NY, and Just A Box Of Rain Jan 2023 #7
Might be an insult to you, to me it's deserved. You show me that LaSalle is not Autumn Jan 2023 #8
It isn't my job to do due diligence for you. Just A Box Of Rain Jan 2023 #10
It's not the only source. There are many. It's not a smear just Autumn Jan 2023 #13
I certainly looked at it. There are several articles from various sources saying the same thing. nt Autumn Jan 2023 #14
You need to look at the actual cases and not what some fringe sources such as Common Dreams Just A Box Of Rain Jan 2023 #16
I don't have to, other authors have done the research. Several of them. I'll take their word for it Autumn Jan 2023 #17
Sure, let other people (who have an anti-Democratic agenda to push) do one's thinking. Just A Box Of Rain Jan 2023 #19
Yawn. I suppose Unions are anti Democratic too. Autumn Jan 2023 #20
Same kind of bullshit over a rightly decided procedural question. Just A Box Of Rain Jan 2023 #22
Just A Box...people ARE posting other sources. And you keep saying the same BComplex Jan 2023 #45
No. Repetitions of false claims that DO NOT address the particulars of Evergreen Just A Box Of Rain Jan 2023 #46
Here's an discussion of the cases by a progressive law professor onenote Jan 2023 #49
Kathy Hochul is VERY actively and vocally wnylib Jan 2023 #32
Speaker Pelosi is very pro choice yet she supported Henry Cuellar who is very Autumn Jan 2023 #61
I'm not buying it. wnylib Jan 2023 #65
+1 betsuni Jan 2023 #66
You don't have to buy it. Facts are facts. Autumn Jan 2023 #68
So, instead of ripping those who disagree, show something to support the Judge. Kid Berwyn Jan 2023 #24
I already have, in this and other threads. Just A Box Of Rain Jan 2023 #25
LOL. Kid Berwyn Jan 2023 #27
Read on. Just A Box Of Rain Jan 2023 #28
He told me, and I quote "It isn't my job to do due diligence for you." Autumn Jan 2023 #31
I was surprised to read that. Kid Berwyn Jan 2023 #35
Thank you Kid Berwyn. That link is very interesting. Autumn Jan 2023 #54
You told me it wasn't your job when I asked you to show me where the article was wrong about Autumn Jan 2023 #30
Hmmmm edisdead Jan 2023 #43
Reading his replies to me is all that matters to me. You want to show where I'm lying? Autumn Jan 2023 #52
Oh I didn't accuse you of lying. edisdead Jan 2023 #69
Here are two links Just A Box Of Rain Jan 2023 #26
Big deal. Kid Berwyn Jan 2023 #29
LaSalle did not "hamstring" any investigation in Evergreen. Just A Box Of Rain Jan 2023 #39
Why would he disallow promotional brochures? scipan Jan 2023 #48
Jeffries also donated money to Henry Cuellar's reelection campaign, ftr Rob H. Jan 2023 #37
LaSalle is not a "conservative judge" and isn't anti-abortion. Just A Box Of Rain Jan 2023 #40
It's a fact. But it sure is heresy to the faithful. Autumn Jan 2023 #53
Common Dreams is a NIGHTMARE and an utter dishonest source. Just A Box Of Rain Jan 2023 #4
I find it notable that some unions are opposed to this nomination. David__77 Jan 2023 #9
Oh, it's Common Dreams ... Save us from this shower of NJs. OnDoutside Jan 2023 #11
From the article-it quotes Politico-not sure if that's one of our banned sources. jalan48 Jan 2023 #12
Common Dreams is often anti-Dem. Elessar Zappa Jan 2023 #15
They are spinning the matter in the most grotesque and dishonest fashion imaginable. Just A Box Of Rain Jan 2023 #18
I realize Common Dreams is problematic, but the judge does seem problematic LymphocyteLover Jan 2023 #33
There are other sources attacking LaSalle based on the same flawed reasoning. Just A Box Of Rain Jan 2023 #34
Yeah, I have generally avoided them in the past and now I remember why LymphocyteLover Jan 2023 #36
Sorry. But the more you dig into this story, the worse it will look for "Common Dreams." Just A Box Of Rain Jan 2023 #38
Here are some of the folks who have endorsed LaSalle's nomination: onenote Jan 2023 #41
Oh. Its from Common Dreams. Stinky The Clown Jan 2023 #44
WTF! ananda Jan 2023 #47
When you read things that are unbelievable, it should be a clue. Just A Box Of Rain Jan 2023 #50
Why many are against LaSalle: scipan Jan 2023 #51
LaSalle's decisions do not "suggest" anything of the sort. Just A Box Of Rain Jan 2023 #55
I can see why requesting the backgrounds of all employees was scipan Jan 2023 #56
What does a list of funders have to do with whether a company is practicing medicine Just A Box Of Rain Jan 2023 #59
Centrist disease? Emile Jan 2023 #58
First time I've heard Jerry Nadler described as a centrist onenote Jan 2023 #60
I know Jerry DFW Jan 2023 #62
+1 betsuni Jan 2023 #63
Exactly. Which is why the post saying endorsers of Lasalle have "centrist disease" is ridiculous onenote Jan 2023 #67
+1 Just A Box Of Rain Jan 2023 #70
The "disease" is reckless outfits like Common Dreams who seek to sabotage our party Just A Box Of Rain Jan 2023 #64

Kid Berwyn

(14,863 posts)
1. That does seem at odds with the historic Democratic Party.
Mon Jan 16, 2023, 10:43 AM
Jan 2023

Perhaps a DUer with connections to the New York political scene could shine a light on this crapola.

 

Just A Box Of Rain

(5,104 posts)
5. When something sounds totally unbelievable (such as the charge that Jeffries is advancing
Mon Jan 16, 2023, 12:10 PM
Jan 2023

a "anti-abortion judge," it is always a good idea to check both the source (which in this case has no credibility) and the facts, which proves this is a lie.

The judge made a quite proper legal ruling that limited the breadth of a NY subpoena into non-germane personale information in a case involving a so-called "rape crisis center." He allowed the subpoena to move forward in all ways that were relevant to the states case over whether this group was acting to provide medical care.

It would be the same reasoning if a Planned Parenthood were under legal investigation and a prosecutor was on a fishing expedition into personale records.


The charge by "Common Dreams" is an outrageous lie.

This shit should not be allowed on DU.

Kid Berwyn

(14,863 posts)
21. Thanks. No offense, I won't censor Common Dreams.
Mon Jan 16, 2023, 01:22 PM
Jan 2023
It’s not just 3 cases: Broader record shows LaSalle is wrong for chief judge

Opinion by Gautam Hans
Syracuse.com, Jan. 12, 2023

Excerpt…

Consider how he’s treated workers’ rights. In Campanelli v. Long Island Lighting Co., LaSalle joined an opinion holding that utilities could not be held liable for the lead poisoning of a utility worker’s child, even though the utilities took no basic steps to ensure the worker’s clothes were not exposed to lead, which in turn exposed his child.

Look at his rulings on immigrants’ rights. In Matter of Keanu S., LaSalle denied a troubled teenager access to an immigration program for abused, neglected, and abandoned immigrant children because the child was a juvenile delinquent — even though Congress clearly wrote and intended the program for children like him, engaging in an extraordinary level of judicial activism that put New York courts to the right of courts in California, Maryland and Minnesota.

Examine his record on consumer rights. In Aybar v. Aybar, LaSalle joined an opinion that allowed corporations headquartered outside of New York to avoid being sued in the state for their faulty products, holding that such corporations might be outside New York’s jurisdiction even if they had registered to do business in New York.

Then there’s his opinions on victims’ rights. In Howell v. City of New York, a victim’s ex-boyfriend assaulted and stalked her for months. Despite observing him violating multiple restraining orders, the police failed to arrest him, recommended she move away, and even threatened to arrest her if she called them again. When her abuser returned, she did not call the police out of fear of arrest. Her abuser then threw her out of a third-floor window, breaking her knee, pelvis and hip and fracturing her spine. LaSalle joined an opinion throwing out a lawsuit brought by a victim of domestic abuse, shielding the police from liability. Howell was appealed to the Court of Appeals, where Judges Wilson and Rivera each wrote impassioned dissents on how this ruling created a legal landscape that failed to adequately protect victims of domestic abuse.

Last but not least is LaSalle’s record in civil rights and criminal cases. In People v. Bridgeforth, LaSalle refused to find that a prosecutor who discriminated against jurors on the basis of skin color had violated either the United States or New York Constitution. His decision was ultimately reversed by the Court of Appeals. In Matter of Tyler L., LaSalle joined a slim majority to find that a 15-year-old child with an IQ of 74 needed no special protection during interrogation, despite the only expert in the case concluding that the child’s Miranda waiver could not be knowing or voluntary. As the dissenting judges pointed out, the majority pointedly ignored the evidence that the child could only read at a fourth-grade level.

Continues…

https://www.syracuse.com/opinion/2023/01/its-not-just-3-cases-broader-record-shows-lasalle-is-wrong-for-chief-judge-guest-opinion-by-gautam-hans.html

Gautam Hans is associate clinical professor of law and associate director of the Stanton Foundation First Amendment Clinic at Cornell Law School, in Ithaca

So, there’s that.

Hortensis

(58,785 posts)
57. Actually, liberals have a looong, committed history of cooperating
Mon Jan 16, 2023, 07:07 PM
Jan 2023

and compromising with the conservative half (and other illiberals), to achieve OUR goals. Representative government of the people, by the people, and for the people, literally cannot function without it.

You'll recall that conservatives did too, to a lesser degree, before today's GOP decided to do away with democracy.

Response to LymphocyteLover (Original post)

 

Just A Box Of Rain

(5,104 posts)
6. Or find out the facts, first.
Mon Jan 16, 2023, 12:11 PM
Jan 2023

In which case this "call to action" will make you look bad.

Does anyone do due diligence before attacking the Democratic leader of the House??

Good grief!

SickOfTheOnePct

(7,290 posts)
23. Facts often aren't impoetant
Mon Jan 16, 2023, 01:29 PM
Jan 2023

When we can rely on outrage instead.

While it is disappointing to see here at DU, I’ve gotten used to it, and accept that you can’t get force people to believe truth, all you can do is present it.

Autumn

(45,042 posts)
3. Any Dem who is in leadership and supports ANYONE who is anti abortion, anti labor and anti due
Mon Jan 16, 2023, 11:59 AM
Jan 2023

process should step the fuck down. This is one hell of an insult to all Democratic women.

 

Just A Box Of Rain

(5,104 posts)
7. What's an insult is piling on to an attack on Jefferies, the Democratic governor of NY, and
Mon Jan 16, 2023, 12:14 PM
Jan 2023

Hector D. LaSalle that has no merit.

That is an insult and it is embarrassment.

Autumn

(45,042 posts)
8. Might be an insult to you, to me it's deserved. You show me that LaSalle is not
Mon Jan 16, 2023, 12:30 PM
Jan 2023

anti-abortion, anti-labor and anti-due process and I will be happy to take my post down. Otherwise...

 

Just A Box Of Rain

(5,104 posts)
10. It isn't my job to do due diligence for you.
Mon Jan 16, 2023, 12:36 PM
Jan 2023

When claims are this wild--that the Democratic Governor of NY Kathy Hochul and House Minority Leader Hakeem Jeffries "supposedly" support an anti-abortion judge (which sounds entirely unbelievable on its face, and the source is one that is outrageously lacking in credibility as "Common Dreams," then it is on Democrats to vet the stories before piling on.

This is an entirely bogus attack on LaSalle and on good Democrats.

You should study up on the matter and then apologize for baselessly smearing Democratic figures.

Autumn

(45,042 posts)
13. It's not the only source. There are many. It's not a smear just
Mon Jan 16, 2023, 12:42 PM
Jan 2023

because you don't like it. And I sure as hell wouldn't apologize to you because you don't like what others have taken the time to research.


https://www.nysfocus.com/2022/12/19/chief-judge-court-of-appeals-hector-lasalle/

SHE HAS JUST FIVE days left: By Friday night, Governor Kathy Hochul needs to make one of the most consequential decisions of her time in office — the next chief judge of New York’s top court.

As the deadline draws nearer, two camps within New York’s legal profession are dueling over one of the seven shortlisted candidates. A group of 46 law professors are urging Hochul not to tap Hector LaSalle, the head judge of a mid-level appeals court that covers parts of New York City and its suburbs. In a letter to the governor sent Monday, the professors condemn what they call LaSalle’s “activist conservative jurisprudence,” and warn that his leadership would “take our State’s law in the wrong direction.”

The letter highlights decisions that LaSalle signed onto curtailing investigations into whether an anti-abortion organization was engaged in illegal activity, allowing a large corporation to sue labor union leaders, and preventing a criminal defendant from appealing his conviction. LaSalle’s stance on abortion-related issues is particularly relevant in light of the United States Supreme Court overturning the constitutional right to an abortion earlier this year, the letter argues.
 

Just A Box Of Rain

(5,104 posts)
16. You need to look at the actual cases and not what some fringe sources such as Common Dreams
Mon Jan 16, 2023, 12:57 PM
Jan 2023

are falsely claiming.

Hector LaSalle in the case of Evergreen Assn., Inc. v. Schneiderman--which was NOT about abortion rights--put limits on a subpoena by NY was they were investigating the charge that a company that had 12 crisis pregnancy centers in New York City was engaging in the unauthorized practice of medicine.

That part of the investigation was fine. What LaSalle did was to partially limit what was an overly broad subpoena to keep it focused on the legal issue at hand--were they involved in the unauthorized practice of medicine?--but to limit the state from accessing non-germane personale records and records of who may have volunteered at these so-called "clinics" that had zero to do with legal question.

He did what we would hope a judge would do if the groupm being investigated were Planned Parenthood or other abortion services provider.

He made precisely the right call. Now that correct legal decision to limit overly broad state power is being "spun" as being "anti-abortion," which is a load of hooey.

Autumn

(45,042 posts)
17. I don't have to, other authors have done the research. Several of them. I'll take their word for it
Mon Jan 16, 2023, 01:04 PM
Jan 2023

not your opinion.

 

Just A Box Of Rain

(5,104 posts)
19. Sure, let other people (who have an anti-Democratic agenda to push) do one's thinking.
Mon Jan 16, 2023, 01:12 PM
Jan 2023

Not a good plan.

I read the case law. Common Dreams is full of shit. And using lies to attack Hakeem Jeffries, Kathy Hochul, and Hector LaSalle.

Autumn

(45,042 posts)
20. Yawn. I suppose Unions are anti Democratic too.
Mon Jan 16, 2023, 01:16 PM
Jan 2023
https://news.bloomberglaw.com/us-law-week/hochul-angers-unions-progressives-with-top-ny-judge-nomination

New York Gov. Kathy Hochul angered unions as well as advocates for abortion rights and criminal justice with her nomination Thursday of Hector D. LaSalle to be chief judge of the Court of Appeals, the state’s highest court.

Hochul (D) faced pressure from some lawmakers and advocacy groups to diversify the court by finding a non-prosecutor. The majority of the Court of Appeals judges were former prosecutors, including Associate Judge Shirley Troutman, who Hochul appointed in January 2022.

LaSalle, who currently serves as presiding justice of the New York Supreme Court’s Second Department, has a lengthy tenure in the state court system and earlier worked as a prosecutor in Suffolk County. If confirmed by the state Senate, he would be the first Latino chief judge in state history.

LaSalle’s nomination received pushback from unions even ahead of his nomination. In 2015, he joined a majority ruling allowing a defamation lawsuit by an employer against union leaders. New York’s Court of Appeals would become the last line of defense with the US Supreme Court taking up a case that could allow state-level lawsuits against union leaders.
 

Just A Box Of Rain

(5,104 posts)
22. Same kind of bullshit over a rightly decided procedural question.
Mon Jan 16, 2023, 01:25 PM
Jan 2023

I suppose you didn't bother to read the particulars of this case either?

All this proves is that there are some anti-Democratic forces (who falsely claim to be "progressives," Common Dreams included) who will resort to anything to twist the truth beyond recognition in their efforts to undermine good Democratic liberals like Haleem Jefferies, Kathy Hochul, and Hector LaSalle.

More of the same.

BComplex

(8,029 posts)
45. Just A Box...people ARE posting other sources. And you keep saying the same
Mon Jan 16, 2023, 04:51 PM
Jan 2023

thing without posting any of these supposed court cases that make him look any better.

 

Just A Box Of Rain

(5,104 posts)
46. No. Repetitions of false claims that DO NOT address the particulars of Evergreen
Mon Jan 16, 2023, 04:58 PM
Jan 2023

at all.

Look at the facts and the decision made in the case. LaSalle made the right call.

Nothing about this case was "anti-abortion" in the slightest. Rather he limited the authority (ever so slightly) to getting information that was germaine to their case.

This is precisely how we would hope liberal judges would rule.

onenote

(42,685 posts)
49. Here's an discussion of the cases by a progressive law professor
Mon Jan 16, 2023, 05:54 PM
Jan 2023

Vincent M. Bonventre, an Albany Law School professor who clerked for two Court of Appeals judges, recently analyzed the cases cited by the opposition groups and said that those decisions do not support the allegations that LaSalle is a pro-police jurist opposed to women's rights or labor interests.

"The opposition to him, what they’re saying about his votes and his opinions, is just absurd," said Bonventre, who acknowledged he has liberal views and would like to see a more progressive candidate preside over the state's highest court. "You think the court needs a chief judge that’s more liberal, that’s perfectly fine, I even agree with that, but don’t unfairly mischaracterize his votes and his opinions and make him sound like some right winger. That’s not what this judge about."
https://www.timesunion.com/state/article/Debate-over-NY-chief-judge-pick-intensifies-as-17699911.php

wnylib

(21,422 posts)
32. Kathy Hochul is VERY actively and vocally
Mon Jan 16, 2023, 02:03 PM
Jan 2023

pro choice. When the leak came out about Roe being overturned, she immediately pushed for and got legislation to protect NY doctors from extradition to anti abortion states for performing abortions on out of state women who come to NY.

There is absolutely NO WAY that I believe that Hochul or Jeffries would ever support an anti abortion judge. They both also strongly support civil rights and workers' rights, too.

I don't know Lasalle's views other than what is reported here. But as a NYer, I DO know the views and activism of Hochul and Jeffries.

What is the evidence that, out of 7 possible candidates, Hochul and Jeffries are leaning toward LaSalle? If they actually are, then I can only conclude that LaSalle is being misportrayed here because I am certain beyond doubt that neither Hochul nor Jeffries would ever support a judgeship candidate as bad as LaSalle is being described here.

Autumn

(45,042 posts)
61. Speaker Pelosi is very pro choice yet she supported Henry Cuellar who is very
Mon Jan 16, 2023, 08:20 PM
Jan 2023

anti abortion. Right after Roe V Wade was overturned. There are many articles other than this one who are against him being put on the bench for the very reason in this article.

Kid Berwyn

(14,863 posts)
24. So, instead of ripping those who disagree, show something to support the Judge.
Mon Jan 16, 2023, 01:31 PM
Jan 2023

His record so far seems to side consistently in support of the rich and powerful. If it were otherwise, it should be easy for you to provide at least a quote and link.



Kid Berwyn

(14,863 posts)
35. I was surprised to read that.
Mon Jan 16, 2023, 02:18 PM
Jan 2023
Why is a Delaware political group supporting Hector LaSalle?

By Jacob Kaye
Queens Eagle, January 12, 2023

A murky Delaware-based political organizing group has entered into the fight over Governor Kathy Hochul’s controversial nomination for chief judge of the Court of Appeals.

This week, Citizens for Judicial Fairness, a group that formed in 2016 to advocate for reforms to one of Delaware's highest courts, took out a number of advertisements in the New York Daily News urging New Yorkers to reach out to their State Senators and voice their support of Hector LaSalle, who was nominated for the top judicial position in the state by Hochul at the end of December. LaSalle, who currently serves as the presiding justice in the Appellate Division, Second Department, is facing the prospect of becoming the first-ever chief judge nominee to be rejected by the Senate.

Snip…

The group’s website does not list any of its members, an address or specify what kind of an organization they are. A search of Citizens for Judicial Fairness did not yield any results on the New York State Commission on Ethics and Lobbying in Government’s website, which lists lobbyists registered with the state.

Citizens for Judicial Fairness’ advocacy has largely centered around reforming the all-white Delaware Court of Chancery, which deals with internal legal disputes involving the thousands of businesses and corporations registered in the tax-friendly state.

Snip…

Previous press clippings written about the organization list Chris Coffey, the CEO of powerful New York City lobbying firm Tusk Strategies, as Citizens for Judicial Fairness’ campaign manager. It’s unclear if Tusk Strategies, which helped run Andrew Yang’s campaign for New York City mayor, is involved in Citizens for Judicial Fairness or if Coffey’s involvement is personal.

Continues…

https://queenseagle.com/all/2023/1/12/why-is-a-delaware-political-group-supporting-hector-lasalle

Oh, well. Unless that poster comes up with something to show why this guy Hector de Lasalle should head New York’s Supreme Court, I’ll go with you and my fellow Liberals, Autumn.



Autumn

(45,042 posts)
30. You told me it wasn't your job when I asked you to show me where the article was wrong about
Mon Jan 16, 2023, 01:53 PM
Jan 2023

this judge. I even told you I would take my post down. Your opinion that you don't like what is said proves nothing.



Just A Box Of Rain (3,414 posts)

10. It isn't my job to do due diligence for you.

When claims are this wild--that the Democratic Governor of NY Kathy Hochul and House Minority Leader Hakeem Jeffries "supposedly" support an anti-abortion judge (which sounds entirely unbelievable on its face, and the source is one that is outrageously lacking in credibility as "Common Dreams," then it is on Democrats to vet the stories before piling on.

This is an entirely bogus attack on LaSalle and on good Democrats.

You should study up on the matter and then apologize for baselessly smearing Democratic figures.
Reply to this post
Back to OP Alert abuse Link to post in-thread

edisdead

(1,925 posts)
43. Hmmmm
Mon Jan 16, 2023, 04:40 PM
Jan 2023

Reading down-thread and following the story suggests that the way this was spun is incorrect.

Autumn

(45,042 posts)
52. Reading his replies to me is all that matters to me. You want to show where I'm lying?
Mon Jan 16, 2023, 06:20 PM
Jan 2023

Last edited Mon Jan 16, 2023, 07:41 PM - Edit history (1)

Because you can't. I posted him word for word.

edisdead

(1,925 posts)
69. Oh I didn't accuse you of lying.
Tue Jan 17, 2023, 11:28 AM
Jan 2023

I didn’t mean to imply you were lying. I apologize if that’s the impression I gave.

Take care.

 

Just A Box Of Rain

(5,104 posts)
26. Here are two links
Mon Jan 16, 2023, 01:39 PM
Jan 2023

The first gives a pretty good synopsis of the legal aspects of the case without any "spin."

https://www.stateaginsights.com/2017/08/21/ny-ag-subpoena-cut-back-on-constitutional-grounds/

And this is the (long) case law for those who prefer primary sources:

https://casetext.com/case/business-v-schneiderman-in-re-evergreen-assn-inc

Both reveal the claims by Common Dreams ton be utterly without merit.

No surprise there.

Kid Berwyn

(14,863 posts)
29. Big deal.
Mon Jan 16, 2023, 01:51 PM
Jan 2023
Hector LaSalle is not fit to be chief judge of New York's Court of Appeals

Opinion, Stephen Hart
January 5, 2023 Updated 15 hrs ago

Excerpt…

On abortion, when the New York City Council uncovered what appeared to be fraudulent practices by a “crisis pregnancy center,” the state attorney general launched an investigation. LaSalle intervened, hamstringing the investigation. He did not allow the AG to examine even the center’s promotional materials. His solicitude for the center suggests that he is not prepared to fully honor reproductive rights, which are now embedded in our state’s constitution.

Unions and their officials are protected by state law from lawsuits in state court stemming from their organizing activities. Our courts have consistently upheld this law. But LaSalle created a workaround. He allowed Cablevision to sue, for defamation, two officials at the union representing its workers, on the theory that they were being sued in their individual rather than union-official capacity, even though the allegedly defamatory statements related to issues between the union and the corporation. This decision was not only anti-labor, but also went beyond the constitutional role of the judiciary. In effect, LaSalle changed the law of the state, something only the Legislature is entitled to do.

Due process for defendants in criminal cases is also vulnerable under LaSalle’s decision-making. Our state, to its credit, has stringent rules about self-incrimination, probable cause for arrests, conditions attached to plea bargains, and many other subjects. Due process is not a technicality, but a guardian of liberty, protecting every one of us against unjust arrest or conviction. LaSalle, perhaps because his career has mostly been as a prosecutor, has shown himself willing to apply due process rules very loosely, giving police and prosecutors slack to which they are not entitled, and do not get from most New York judges.

LaSalle is not a middle-of-the-road judge, let alone a champion for New York’s values. He is not the right person to head our highest court. The State Senate should refuse to confirm him, after which the governor should nominate someone better.

Source:

https://www.salamancapress.com/news/state/another-voice-hector-lasalle-is-not-fit-to-be-chief-judge-of-new-yorks-court/article_9465c01f-7441-52ef-b5ea-bcd3022a8be0.html

Stephen Hart, Ph.D., is adjunct associate professor of sociology at the University at Buffalo.

I’ll go with Prof. Hart on this one. Thanks for the links!
 

Just A Box Of Rain

(5,104 posts)
39. LaSalle did not "hamstring" any investigation in Evergreen.
Mon Jan 16, 2023, 02:34 PM
Jan 2023

He allowed for very a broad subpoena to move forward. One that gave the state all the evidence they required to move forward. People would rightly howl if a judge allowed a subpoena that sought non-germain employee, volunteer, and donor records if the case involved Planned Parenthood. The law need to be consistent. LaSalle acted properly.

Nothing about his decision was "anti-abortion" and Common Dreams is lying.

Rob H.

(5,351 posts)
37. Jeffries also donated money to Henry Cuellar's reelection campaign, ftr
Mon Jan 16, 2023, 02:19 PM
Jan 2023

and endorsed him even after the USSC's leaked draft ruling on Roe v. Wade. Jeffries supporting a conservative judge wouldn't surprise me in the least.

 

Just A Box Of Rain

(5,104 posts)
40. LaSalle is not a "conservative judge" and isn't anti-abortion.
Mon Jan 16, 2023, 02:36 PM
Jan 2023

This article is dishonest in the extreme.

 

Just A Box Of Rain

(5,104 posts)
4. Common Dreams is a NIGHTMARE and an utter dishonest source.
Mon Jan 16, 2023, 12:02 PM
Jan 2023

This, however, is a new level of deceitfulness from a very bad source.

Hector D. LaSalle is in no way, shape, or form an "anti-abortion judge."

Please stop spreading such outright lies.

jalan48

(13,855 posts)
12. From the article-it quotes Politico-not sure if that's one of our banned sources.
Mon Jan 16, 2023, 12:40 PM
Jan 2023

The confirmation fight pits the moderate Hochul against the party’s progressives. Politico reports:

Progressives and labor leaders see the pick as a betrayal after many within their ranks worked to deliver vital last-minute votes to Hochul during the final frantic days of last year’s election. Some reluctant allies are regretting their decision.

“She promised us that we would have a seat at the table,” Jimmy Mahoney, the president of a statewide iron workers union, said at the state Capitol on Monday as labor leaders rallied against the nomination. “She put us on the menu. This is not right. The way it was rolled out, it was so unprofessional and backstabbing.”Democratic leadership in the state Senate warned the newly-elected governor in early December that there would be fierce opposition to a LaSalle nomination

 

Just A Box Of Rain

(5,104 posts)
18. They are spinning the matter in the most grotesque and dishonest fashion imaginable.
Mon Jan 16, 2023, 01:10 PM
Jan 2023

A new low for Common Dreams, which has no credibility in any case and only makes themselves look worse in this instance.

People ought to look at the facts and the decisions that were made in Evergreen Assn., Inc. v. Schneiderman and they will see that Judge LaSalle did not rule on abortion (and certainly not against abortion) and that he made a correct legal decision by somewhat limiting a subpoena issued by the State of New York that any proponent of civil liberties might well have issue with and one that would be applauded by all if it had been issued against Planned Parenthood.

But here we have "Common Dreams" claiming Hakeem Jeffries supports an anti-abortion judge--which even though is sounds "unbelievable" (since it is) there are people piling on, as if this is real.

A very sad state of affairs.

LymphocyteLover

(5,641 posts)
33. I realize Common Dreams is problematic, but the judge does seem problematic
Mon Jan 16, 2023, 02:07 PM
Jan 2023

and it's not just Common Dreams calling him out.

It does seem like calling LaSalle anti-abortion is unfair. I wasn't sure if I was missing something there.

 

Just A Box Of Rain

(5,104 posts)
34. There are other sources attacking LaSalle based on the same flawed reasoning.
Mon Jan 16, 2023, 02:16 PM
Jan 2023

That is a problem with some of these sources--who don't seem to vet the stories they cover.

Calling LaSalle "anti-abortion" is absolutely unfair and I don't believe that Common Dreams is acting in good faith here.

 

Just A Box Of Rain

(5,104 posts)
38. Sorry. But the more you dig into this story, the worse it will look for "Common Dreams."
Mon Jan 16, 2023, 02:24 PM
Jan 2023

I am buoyed by knowing that the facts of the matter have opened your eyes to the duplicity of Common Dreams in this case. That's a huge deal.

Well done!

onenote

(42,685 posts)
41. Here are some of the folks who have endorsed LaSalle's nomination:
Mon Jan 16, 2023, 04:13 PM
Jan 2023

In addition to Gov. Holchul and Rep. Hakeem Jeffries:

Lt. Gov. Antonio Delgado
Atty Gen: Letitia James
Speaker Carl Heastie
Rep. Jerry Nadler
Rep. Nydia Velazquez
Rep. Gregory Meeks
Rep. Yvette Clarke

And another three dozen elected officials and groups with strong Democratic ties:
https://www.governor.ny.gov/news/what-they-are-saying-governor-hochul-nominates-hon-hector-d-lasalle-be-chief-judge-new-york

So if we're going to tar and feather Holchul and Jeffries, we're going to need a lot more tar and a lot more feathers.

Or maybe those outraged by the appointment don't have their own agenda and truly believe that all of these solid Democrats and organizations have been duped George Santos-style.

Or maybe people shouldn't be so quick to jump to conclusions.

scipan

(2,341 posts)
51. Why many are against LaSalle:
Mon Jan 16, 2023, 06:17 PM
Jan 2023

(snip)

In selecting LaSalle, Hochul reneged. A letter I signed along with 45 other New York law professors details some of LaSalle’s shortcomings. Several decisions he joined suggest his hostility to labor, reproductive rights, and due process. And according to a statistical analysis conducted by the new legal data startup Scrutinize, LaSalle is a conservative outlier on an already conservative court — among the 25% most conservative judges on the Second Department. He is also a former prosecutor, when the court counts three former prosecutors already and not a single judge from a defense background

https://www.nydailynews.com/opinion/ny-oped-hector-lasalle-is-the-wrong-chief-judge-20221228-nhwevl2uhbd73jwqxzefznlkxa-story.html

An excerpt from that letter referenced above:

The decision is shocking. We recognize the need to protect the First Amendment right to speak and assemble. This might have justified court review of sensitive documents, like a list of funders. But it provides no justification for concluding that the CPC’s promotional materials or funders were not relevant to an investigation of the CPC’s fraudulent activities. After all, it was precisely through its promotional literature, which someone paid for, that the CPC engaged in harmful conduct.

This opinion suggests to us that Justice LaSalle does not understand the severity of the threat to women’s rights posed by anti-abortion activists and their funders. With the Supreme Court’s reversal of Roe last term, it is imperative that New York’s judges appreciate the importance of the right to choose and the many different fraudulent subterfuges anti-choice activists deploy.

https://docs.google.com/forms/d/e/1FAIpQLScFifZMWxcfrVeGcbw5gS_1s8rbkzCP0zBpQjdbGDh1RpZAIw/viewform
 

Just A Box Of Rain

(5,104 posts)
55. LaSalle's decisions do not "suggest" anything of the sort.
Mon Jan 16, 2023, 06:44 PM
Jan 2023

For example the decision in Evergreen was NOT anti-abortion, despite the attempted spin.

What's shocking is the lack of caring about prosecutorial overreach and infidelities to legal protections under the law.

This is very bad reasoning.

scipan

(2,341 posts)
56. I can see why requesting the backgrounds of all employees was
Mon Jan 16, 2023, 06:54 PM
Jan 2023

Too broad, but why disallow the promotional brochures? I'm not sure about the funders.

If course, there are several other questionable decisions.

 

Just A Box Of Rain

(5,104 posts)
59. What does a list of funders have to do with whether a company is practicing medicine
Mon Jan 16, 2023, 07:35 PM
Jan 2023

w/o a license?

If an pro-abortion counselling group were hit with such a subpoena, pro-choice groups would rightfully be up in arms.

The application of the law ought to be consistent and should prevent prosecutorial overreach.

That's NOT being anti-abortion.

onenote

(42,685 posts)
60. First time I've heard Jerry Nadler described as a centrist
Mon Jan 16, 2023, 07:45 PM
Jan 2023

He’s one of around four dozen elected Democrats and Democratic leaning organizations endorsing LaSalle.

DFW

(54,335 posts)
62. I know Jerry
Tue Jan 17, 2023, 02:51 AM
Jan 2023

If there is one thing he is NOT, it's a "centrist." If you've never heard of him being described as a centrist before, it's because he isn't.

onenote

(42,685 posts)
67. Exactly. Which is why the post saying endorsers of Lasalle have "centrist disease" is ridiculous
Tue Jan 17, 2023, 09:09 AM
Jan 2023

Good, strong, knowledgable progressive Democrats and Democratic-leaning organizations have endorsed Holchul's nomination of Lasalle and there are a bunch of ill-informed DUers wrongly disparaging Lasalle and his supporters.

 

Just A Box Of Rain

(5,104 posts)
64. The "disease" is reckless outfits like Common Dreams who seek to sabotage our party
Tue Jan 17, 2023, 02:59 AM
Jan 2023

with bullshit and lies.

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