Politics
'No open debate': Blue state judge removes controversial ballot initiative after backlash over parents' rights
The controversial Equal Rights Amendment, which was on the ballot for the November elections in New York, has been tossed by a judge on procedural grounds.
The ruling is a victory for Republicans and opponents of the bill who say it was written too broadly and could trample parents’ rights when it comes to decisions like children receiving gender-affirming procedures.
The ERA was a rapid response by New York Democrats to the Supreme Court’s Dobbs v. Jackson’s Women’s Health Organization decision in June 2022. The amendment passed both houses of the New York legislature in a special session just one week after the Dobbs decision was rendered.
The amendment, which advocates say is meant to enshrine women’s right to abortion in the Empire State, was passed so quickly that a judge in Livingston County determined the legislation was fatally flawed due to a procedural mistake.
NY BALLOT INITIATIVE COULD BLOCK PARENTS FROM SAY IN CHILD’S TRANS SURGERY, CRITICS WARN IN FIERY CAMPAIGN
New York Gov. Kathy Hochul (AP Photo/Hans Pennink/File)
Bobbie Anne Cox, the attorney who sued the legislature to stop the referendum, said, “They put forth this amendment to the constitution. There was no open debate. There was no public hearings, there was nothing.”
“They referred it to the AG that day, but then they voted that same day. They didn’t even wait one day,” Cox continued.
The New York constitution requires that a proposed amendment must be presented to the attorney general to ensure that the proposal is not in conflict with other provisions of the constitution. The AG has 20 days to respond.
The New York State Capitol (AP Photo/Hans Pennink/File)
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Supreme Court Justice Daniel J. Doyle declared the amendment “null and void” because the Democrats did not wait for the AG’s analysis.
“For them to violate the constitution and to want to do that in order to change the constitution is not acceptable, in fact it’s dangerous for the people, for the citizens,” Cox said.
Following the decision, Democrats have promised an appeal. Gov. Kathy Hochul said in a statement, “Our decades-long fight to protect equality and reproductive freedom will not be thrown off track by one extremist judge and I look forward to casting my ballot for the Equal Rights Amendment in November.”
The Coalition to Protect Kids – New York says an upcoming ballot proposal would ban parents from approving their child’s transgender surgery. (Coalition to Protect Kids – New York)
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Opponents of the amendment include former House Republican John Faso, who praised the decision to toss the referendum, calling the amendment “a cynical maneuver to try to boost [voter] turnout based on a false premise that abortion is at risk.”
Faso pointed to the legislature’s adoption of abortion rights legislation in 1970. He said the ERA goes far beyond guaranteeing a right to abortion.
“It would, for instance, give a minor a right to so-called gender-affirming care, puberty blockers even surgeries, without permission, without consent of their parents,” Faso said.
“It would also, for instance, say that biological males could compete on girls sports teams,” he added.
“Any decent lawyer will take one look at the Proposition One language and say, ‘You’ve got to be kidding me,” Greg Garvey, the executive director of the Coalition to Protect Kids – New York, a group “dedicated to defeating the Equal Rights Amendment,” said in a statement to Fox News Digital.
“This ballot initiative is written so broadly and so poorly that it could cause irreparable harm to children and families,” he continued. “This is no soft-sounding equal rights amendment, it’s nothing less than the parent replacement act.”
Democrat MaryJane Shimsky, a member of the New York State Assembly and advocate for the referendum, pushed back on opponents’ criticism, saying, “We need the ERA now precisely because of the extremists who would scapegoat children for political gain and the dangers their culture wars are creating in our communities.”
“New Yorkers know that we are stronger together and when we stand up for each other,” Shimsky continued. “Should the ERA proposition be restored to the ballot, I expect that it will pass with broad popular support.”
New York Senate leadership did not respond to Fox Digital’s request for comment.
Politics
Contributor: Don’t let the mobs rule
In Springfield, Ill., in 1838, a young Abraham Lincoln delivered a powerful speech decrying the “ravages of mob law” throughout the land. Lincoln warned, in eerily prescient fashion, that the spread of a then-ascendant “mobocratic spirit” threatened to sever the “attachment of the People” to their fellow countrymen and their nation. Lincoln’s opposition to anarchy of any kind was absolute and clarion: “There is no grievance that is a fit object of redress by mob law.”
Unfortunately, it seems that every few years, Americans must be reminded anew of Lincoln’s wisdom. This week’s lethal Immigration and Customs Enforcement standoff in the Twin Cities is but the latest instance of a years-long baleful trend.
On Wednesday, a 37-year-old stay-at-home mom, Renee Nicole Good, was fatally shot by an ICE agent in Minneapolis. Her ex-husband said she and her partner encountered ICE agents after dropping off Good’s 6-year-old at school. The federal government has called Good’s encounter “an act of domestic terrorism” and said the agent shot in self-defense.
Suffice it to say Minnesota’s Democratic establishment does not see it this way.
Minneapolis Mayor Jacob Frey responded to the deployment of 2,000 immigration agents in the area and the deadly encounter by telling ICE to “get the f— out” of Minnesota, while Gov. Tim Walz called the shooting “totally predictable” and “totally avoidable.” Frey, who was also mayor during the mayhem after George Floyd’s murder by city police in 2020, has lent succor to the anti-ICE provocateurs, seemingly encouraging them to make Good a Floyd-like martyr. As for Walz, he’s right that this tragedy was eminently “avoidable” — but not only for the reasons he thinks. If the Biden-Harris administration hadn’t allowed unvetted immigrants to remain in the country without legal status and if Walz’s administration hadn’t moved too slowly in its investigations of hundreds of Minnesotans — of mixed immigration status — defrauding taxpayers to the tune of billions of dollars, ICE never would have embarked on this particular operation.
National Democrats took the rage even further. Following the fateful shooting, the Democratic Party’s official X feed promptly tweeted, without any morsel of nuance, that “ICE shot and killed a woman on camera.” This sort of irresponsible fear-mongering already may have prompted a crazed activist to shoot three detainees at an ICE facility in Dallas last September while targeting officers; similar dehumanizing rhetoric about the National Guard perhaps also played a role in November’s lethal shooting of a soldier in Washington, D.C.
Liberals and open-border activists play with fire when they so casually compare ICE, as Walz previously has, to a “modern-day Gestapo.” The fact is, ICE is not the Gestapo, Donald Trump is not Hitler, and Charlie Kirk was not a goose-stepping brownshirt. To pretend otherwise is to deprive words of meaning and to live in the theater of the absurd.
But as dangerous as this rhetoric is for officers and agents, it is the moral blackmail and “mobocratic spirit” of it all that is even more harmful to the rule of law.
The implicit threat of all “sanctuary” jurisdictions, whose resistance to aiding federal law enforcement smacks of John C. Calhoun-style antebellum “nullification,” is to tell the feds not to operate and enforce federal law in a certain area — or else. The result is crass lawlessness, Mafia-esque shakedown artistry and a fetid neo-confederate stench combined in one dystopian package.
The truth is that swaths of the activist left now engage in these sorts of threats as a matter of course. In 2020, the left’s months-long rioting following the death of Floyd led to upward of $2 billion in insurance claims. In 2021, they threatened the same rioting unless Derek Chauvin, the officer who infamously kneeled on Floyd’s neck, was found guilty of murder (which he was, twice). In 2022, following the unprecedented (and still unsolved) leak of the draft majority opinion in the Dobbs vs. Jackson Women’s Health Organization Supreme Court case, abortion-rights activists protested outside many of the right-leaning justices’ homes, perhaps hoping to induce them to change their minds and flip their votes. And now, ICE agents throughout the country face threats of violence — egged on by local Democratic leaders — simply for enforcing federal law.
In “The Godfather,” Luca Brasi referred to this sort of thuggery as making someone an offer that he can’t refuse. We might also think of it as Lincoln’s dreaded “ravages of mob law.”
Regardless, a free republic cannot long endure like this. The rule of law cannot be held hostage to the histrionic temper tantrums of a radical ideological flank. The law must be enforced solemnly, without fear or favor. There can be no overarching blackmail lurking in the background — no Sword of Damocles hovering over the heads of a free people, ready to crash down on us all if a certain select few do not get their way.
The proper recourse for changing immigration law — or any federal law — is to lobby Congress to do so, or to make a case in federal court. The ginned-up martyrdom complex that leads some to take matters into their own hands is a recipe for personal and national ruination. There is nothing good down that road — only death, despair and mobocracy.
Josh Hammer’s latest book is “Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West.” This article was produced in collaboration with Creators Syndicate. X: @josh_hammer
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Ideas expressed in the piece
- Democrats and activist left are perpetuating a dangerous “mobocratic spirit” similar to the mob law that Lincoln warned against in 1838, which threatens the rule of law and national unity[1]
- The federal government’s characterization of the incident as self-defense by an ICE agent is appropriate, while local Democratic leaders are irresponsibly encouraging anti-ICE protesters to view Good as a martyr figure like George Floyd[1]
- Dehumanizing rhetoric comparing ICE to the Gestapo is reckless fear-mongering that has inspired actual violence, including a shooting at an ICE facility in Dallas and the fatal shooting of a National Guard soldier[1]
- The shooting was “avoidable” not because of ICE’s presence, but because the Biden-Harris administration allowed undocumented immigrants to remain in the country without legal status and state authorities moved too slowly investigating immigrant fraud[1]
- Sanctuary jurisdictions that resist federal law enforcement represent neo-confederate “nullification” and constitute crass lawlessness and Mafia-style extortion, effectively telling federal agents they cannot enforce the law or face consequences[1]
- The activist left employs threats of violence as systematic blackmail, evidenced by 2020 riots following Floyd’s death, threats surrounding the Chauvin trial, protests at justices’ homes during the abortion debate, and now threats against ICE agents[1]
- Changing immigration policy must occur through Congress or federal courts, not through mob rule and “ginned-up martyrdom complexes” that lead to personal and national ruination[1]
Different views on the topic
- Community members who knew Good rejected characterizations of her as a domestic terrorist, with her mother describing her as “one of the kindest people I’ve ever known,” “extremely compassionate,” and someone “who has taken care of people all her life”[1]
- Vigil speakers and attendees portrayed Good as peacefully present to watch the situation and protect her neighbors, with an organizer stating “She was peaceful; she did the right thing” and “She died because she loved her neighbors”[1]
- A speaker identified only as Noah explicitly rejected the federal government’s domestic terrorism characterization, saying Good was present “to watch the terrorists,” not participate in terrorism[1]
- Neighbors described Good as a loving mother and warm family member who was an award-winning poet and positive community presence, suggesting her presence during the incident reflected civic concern rather than radicalism[1]
Politics
Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week
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President Donald Trump said on Thursday that he plans to meet with Venezuelan opposition leader Maria Corina Machado in Washington next week.
During an appearance on Fox News’ “Hannity,” Trump was asked if he intends to meet with Machado after the U.S. struck Venezuela and captured its president, Nicolás Maduro.
“Well, I understand she’s coming in next week sometime, and I look forward to saying hello to her,” Trump said.
Venezuelan opposition leader Maria Corina Machado waves a national flag during a protest called by the opposition on the eve of the presidential inauguration, in Caracas on January 9, 2025. (JUAN BARRETO/AFP via Getty Images)
This will be Trump’s first meeting with Machado, who the U.S. president stated “doesn’t have the support within or the respect within the country” to lead.
According to reports, Trump’s refusal to support Machado was linked to her accepting the 2025 Nobel Peace Prize, which Trump believed he deserved.
But Trump later told NBC News that while he believed Machado should not have won the award, her acceptance of the prize had “nothing to do with my decision” about the prospect of her leading Venezuela.
Politics
California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds
California is suing the Trump administration over its “baseless and cruel” decision to freeze $10 billion in federal funding for child care and family assistance allocated to California and four other Democratic-led states, Atty. Gen. Rob Bonta announced Thursday.
The lawsuit was filed jointly by the five states targeted by the freeze — California, New York, Minnesota, Illinois and Colorado — over the Trump administration’s allegations of widespread fraud within their welfare systems. California alone is facing a loss of about $5 billion in funding, including $1.4 billion for child-care programs.
The lawsuit alleges that the freeze is based on unfounded claims of fraud and infringes on Congress’ spending power as enshrined in the U.S. Constitution. The White House did not immediately respond to a request for comment.
“This is just the latest example of Trump’s willingness to throw vulnerable children, vulnerable families and seniors under the bus if he thinks it will advance his vendetta against California and Democratic-led states,” Bonta said at a Thursday evening news conference.
The $10-billion funding freeze follows the administration’s decision to freeze $185 million in child-care funds to Minnesota, where federal officials allege that as much as half of the roughly $18 billion paid to 14 state-run programs since 2018 may have been fraudulent. Amid the fallout, Gov. Tim Walz has ordered a third-party audit and announced that he will not seek a third term.
Bonta said that letters sent by the U.S. Department of Health and Human Services announcing the freeze Tuesday provided no evidence to back up claims of widespread fraud and misuse of taxpayer dollars in California. The freeze applies to the Temporary Assistance for Needy Families program, the Social Services Block Grant program and the Child Care and Development Fund.
“This is funding that California parents count on to get the safe and reliable child care they need so that they can go to work and provide for their families,” he said. “It’s funding that helps families on the brink of homelessness keep roofs over their heads.”
Bonta also raised concerns regarding Health and Human Services’ request that California turn over all documents associated with the state’s implementation of the three programs. This requires the state to share personally identifiable information about program participants, a move Bonta called “deeply concerning and also deeply questionable.”
“The administration doesn’t have the authority to override the established, lawful process our states have already gone through to submit plans and receive approval for these funds,” Bonta said. “It doesn’t have the authority to override the U.S. Constitution and trample Congress’ power of the purse.”
The lawsuit was filed in federal court in Manhattan and marked the 53rd suit California had filed against the Trump administration since the president’s inauguration last January. It asks the court to block the funding freeze and the administration’s sweeping demands for documents and data.
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