Southwest
Reagan-appointed judge torches colleagues in Texas map fight, calls ruling ‘fiction,’ ‘judicial activism’
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A federal judge in Texas responded to the court’s decision to scrap the state’s redrawn map with a jaw-dropping dissent on Wednesday in which he lobbed dozens of insults at his colleague and repeatedly invoked Democratic mega-donor George Soros.
“This is the most blatant exercise of judicial activism that I have ever witnessed,” Judge Jerry Smith, a Reagan-appointee on the U.S. Court of Appeals for the 5th Circuit, wrote of the 2-1 decision to toss out the map.
In the turbulent 104-page tirade, he named the majority opinion’s author, U.S. District Judge Jeffrey Brown, a Trump appointee, hundreds of times, accusing him of “pernicious judicial misbehavior.”
The majority opinion would be a “prime candidate” for a “Nobel Prize for Fiction,” Smith said.
“The main winners from Judge Brown’s opinion are George Soros and Gavin Newsom,” Smith said. “The obvious losers are the People of Texas and the Rule of Law.”
REPUBLICANS PUSH BACK OVER ‘FALSE ACCUSATIONS OF RACISM’ IN BLOCKBUSTER REDISTRICTING FIGHT
Texas Gov. Greg Abbott has turned to the Supreme Court for relief in the state’s redistricting fight. (Brandon Bell/Getty Images)
Smith, a Yale Law School graduate, wrote that “if this were a law school exam, the opinion would deserve an ‘F.’”
Smith’s dissent came as part of a three-judge panel’s decision in the U.S. District Court for the Western District of Texas to temporarily block the state from using its map in the 2026 midterms. The map had created five new Republican-leaning districts, which the majority said was a product of unconstitutional racial gerrymandering. Republican Gov. Greg Abbott has already turned to the Supreme Court for relief.
Just as striking as the dissent itself, which Smith conceded was “disjointed,” was that the two judges in the majority did not wait for it, issuing their decision on Tuesday and leaving Smith’s dissent to land on the docket a day later.
“Any pretense of judicial restraint, good faith, or trust by these two judges is gone,” Smith wrote. “If these judges were so sure of their result, they would not have been so unfairly eager to issue the opinion sans my dissent, or they could have waited for the dissent in order to join issue with it. What indeed are they afraid of?”
Brown was joined in the 2-1 opinion by U.S. District Judge David Guaderrama, an Obama appointee.
The U.S. and Texas flags wave outside the Texas Capitol on July 13, 2021, in Austin, Texas. (Montinique Monroe/Getty Images)
Smith’s broadside focused on Brown, saying that, “true to form,” he preferred to “live in a fantasyland” and had engaged in “judicial tinkering.”
The Supreme Court is now under pressure to act quickly on what has become a pivotal election issue that could shape the outcome of next year’s midterms. Texas requires candidates to declare their candidacy by Dec. 8.
The high court is already considering a similar Voting Rights Act case that originated in Louisiana. The justices heard oral arguments in the case last month and are expected to address the race provision of the law, which is relevant in the Texas case, on a normal timeline during this term.
Brown’s majority opinion in Texas had opened with a quote from Chief Justice John Roberts, who said in an unrelated case, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
FEDERAL JUDGES BLOCK TEXAS FROM USING REDRAWN CONGRESSIONAL MAP
Chief Justice John Roberts attends inauguration ceremonies in the Rotunda of the U.S. Capitol on Jan. 20, 2025, in Washington, D.C. (Chip Somodevilla/Pool via Reuters/File Photo)
“Substantial evidence shows that Texas racially gerrymandered the 2025 Map,” Brown wrote.
Brown said Department of Justice Civil Rights Division head Harmeet Dhillon’s warning to Texas this year to address four districts with non-White majorities because they were “coalition” districts was a race-based directive as evidenced by Dhillon ignoring all other Democrat-leaning districts that had White majorities. Abbott had responded to Dhillon by adding redistricting to the legislative agenda in a rush, leading to a stunning protest involving Democratic state lawmakers fleeing the state earlier this year.
“The Governor explicitly directed the Legislature to redistrict based on race,” Brown found.
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Los Angeles, Ca
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Los Angeles, Ca
‘What’s going on with our society?’ Elderly L.A. street vendor violently beaten
WARNING: Video footage contains graphic violence
A 62-year-old street vendor is recovering after a brutally violent attack by another woman in broad daylight as bystanders in downtown Los Angeles looked on.
The attack happened around 4 p.m. on June 15 in the 700 block of Figueroa Street, where Arabelia Martinez has sold hot dogs for years to support herself and her family.
Video of the incident, which has since circulated widely online, appears to show a woman confronting Martinez at her stand before spraying sauce across the vendor’s cart. Martinez responds by throwing what appears to be Tajín seasoning in the woman’s direction, and the confrontation quickly escalates.
The difficult-to-watch footage shows Martinez being shoved to the ground and struck multiple times as people look on. Some can be seen attempting to intervene, but the assault continues for roughly a minute before coming to an end.
“I was speechless,” Martinez’s son, Constantino Garcia, said after watching the video. “I couldn’t even see the whole thing.”
According to Garcia, the suspect approached his mother before the attack and attempted to intimidate her into giving her money.
“The lady came up to my mom trying to intimidate her and extort her for money, telling her she needed a permit to sell, which my mom does have,” Garcia told KTLA’s Carlos Saucedo.
When Martinez refused, Garcia claims the woman became verbally abusive.
“After she didn’t get her way and tried to extort my mom, she said, ‘Go back to Mexico,’ and made some racist remarks,” he said. “She said some disgusting things to my mom.”
Garcia said his mother continues to suffer lingering effects from the attack.
“She keeps complaining about her head,” he said. “We need to go see a head specialist because her head doesn’t stop hurting. As you could see in the video, she got slammed to the ground.”
The video has also sparked outrage over the response from some witnesses who were nearby during the assault.
“What’s going on with our society?” Garcia said. “Are we getting desensitized to an elderly woman being beaten in broad daylight and being surrounded by people doing the bare minimum to help her? That was horrible for me to watch.”
Witness Sebastian Gutierrez said he arrived moments after the confrontation and saw Garcia’s attacker causing additional chaos in the area.
“The lady began to flip over the tables of vendors,” Gutierrez said, describing the woman as possibly unstable. “It definitely seemed like there were mental health issues or drugs involved, like we see with a lot of things here in downtown L.A.,” he said.
The Los Angeles Police Department has launched a battery investigation into the incident KTLA confirmed, though no suspect information or news of a potential arrest has been released.
Meanwhile, Martinez’s family has launched a GoFundMe campaign to help with her recovery and raise awareness about the dangers street vendors face daily.
“I hope that my mom gets justice for what happened to her,” Garcia said. He added that he’s been encouraged by the public response to the video.
“I’m grateful people are sympathizing with my mom,” he said. “People are giving it the attention it deserves.”
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