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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHakeem 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 Yorks 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 LaSalles 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
Kid Berwyn
(14,863 posts)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)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)Opinion by Gautam Hans
Syracuse.com, Jan. 12, 2023
Excerpt
Consider how hes 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 workers child, even though the utilities took no basic steps to ensure the workers 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 Yorks jurisdiction even if they had registered to do business in New York.
Then theres his opinions on victims rights. In Howell v. City of New York, a victims 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 LaSalles 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 childs 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, theres that.
Hortensis
(58,785 posts)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)
Post removed
Just A Box Of Rain
(5,104 posts)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)When we can rely on outrage instead.
While it is disappointing to see here at DU, Ive gotten used to it, and accept that you cant get force people to believe truth, all you can do is present it.
onenote
(42,685 posts)Here are other Democratic officials and organizations that have endorsed LaSalle:
https://www.governor.ny.gov/news/what-they-are-saying-governor-hochul-nominates-hon-hector-d-lasalle-be-chief-judge-new-york
Autumn
(45,042 posts)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)Hector D. LaSalle that has no merit.
That is an insult and it is embarrassment.
Autumn
(45,042 posts)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)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)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/
As the deadline draws nearer, two camps within New Yorks 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 LaSalles activist conservative jurisprudence, and warn that his leadership would take our States 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. LaSalles 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.
Autumn
(45,042 posts)Just A Box Of Rain
(5,104 posts)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)not your opinion.
Just A Box Of Rain
(5,104 posts)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)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 Courts 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.
LaSalles 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 Yorks 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)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)thing without posting any of these supposed court cases that make him look any better.
Just A Box Of Rain
(5,104 posts)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)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 theyre 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 thats more liberal, thats perfectly fine, I even agree with that, but dont unfairly mischaracterize his votes and his opinions and make him sound like some right winger. Thats 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)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)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.
wnylib
(21,422 posts)Autumn
(45,042 posts)Kid Berwyn
(14,863 posts)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.
Just A Box Of Rain
(5,104 posts)Those who will not listen, "yawn" instead.
Kid Berwyn
(14,863 posts)How profound!
Just A Box Of Rain
(5,104 posts)Autumn
(45,042 posts)Post # 10
Kid Berwyn
(14,863 posts)By Jacob Kaye
Queens Eagle, January 12, 2023
A murky Delaware-based political organizing group has entered into the fight over Governor Kathy Hochuls 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 groups 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 Governments 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. Its unclear if Tusk Strategies, which helped run Andrew Yangs campaign for New York City mayor, is involved in Citizens for Judicial Fairness or if Coffeys 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 Yorks Supreme Court, Ill go with you and my fellow Liberals, Autumn.
Autumn
(45,042 posts)He's the last thing we need.
Autumn
(45,042 posts)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
Reading down-thread and following the story suggests that the way this was spun is incorrect.
Autumn
(45,042 posts)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)I didnt mean to imply you were lying. I apologize if thats the impression I gave.
Take care.
Just A Box Of Rain
(5,104 posts)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)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 centers promotional materials. His solicitude for the center suggests that he is not prepared to fully honor reproductive rights, which are now embedded in our states 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 LaSalles 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 Yorks 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.
Ill go with Prof. Hart on this one. Thanks for the links!
Just A Box Of Rain
(5,104 posts)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.
scipan
(2,341 posts)Rob H.
(5,351 posts)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)This article is dishonest in the extreme.
Autumn
(45,042 posts)Just A Box Of Rain
(5,104 posts)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.
David__77
(23,367 posts)
OnDoutside
(19,952 posts)jalan48
(13,855 posts)The confirmation fight pits the moderate Hochul against the partys 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 years 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
Elessar Zappa
(13,952 posts)I need another source before I comment on this.
Just A Box Of Rain
(5,104 posts)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)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)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.
LymphocyteLover
(5,641 posts)Just A Box Of Rain
(5,104 posts)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)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.
Stinky The Clown
(67,786 posts)ananda
(28,856 posts)I don't understand this!
Just A Box Of Rain
(5,104 posts)scipan
(2,341 posts)(snip)
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:
This opinion suggests to us that Justice LaSalle does not understand the severity of the threat to womens rights posed by anti-abortion activists and their funders. With the Supreme Courts reversal of Roe last term, it is imperative that New Yorks 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)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)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)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.
Emile
(22,640 posts)onenote
(42,685 posts)Hes one of around four dozen elected Democrats and Democratic leaning organizations endorsing LaSalle.
DFW
(54,335 posts)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)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)Just A Box Of Rain
(5,104 posts)with bullshit and lies.