One More for the Road: Why Congress Must Impeach Donald Trump (Again)

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, makes the case for impeaching Donald Trump again, after the failed insurrection of January 6. Falvy describes three possible ways to disempower Trump from undermining democracy in our nation and explains why immediate impeachment by the House and removal by the Senate is the most appropriate course of action.

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Lindsley v. TRT Holdings, Inc.

Docket: 20-10263

Opinion Date: January 7, 2021

Judge: James C. Ho

Areas of Law: Civil Rights, Constitutional Law, Labor & Employment Law

Plaintiff filed suit against Omni, alleging (1) pay discrimination under Title VII of the Civil Rights Act of 1964, the Texas Labor Code, and the Equal Pay Act; (2) promotional discrimination under Title VII and the Texas Labor Code; and (3) retaliation for filing a charge with the EEOC and for taking leave under the Family Medical Leave Act (FMLA), Title VII, the Texas Labor Code, and the Equal Pay Act. The district court granted summary judgment to Omni. In regard to the pay discrimination claims as it pertains to the three men who previously held the same position as plaintiff yet were paid more, the Fifth Circuit concluded that the district court erred in concluding that plaintiff failed to establish a prima facie case. Rather, plaintiff showed that she held the same position as two other employees did, at the same hotel, just a few years after they did, and that she was paid less than they were. The court also concluded that Omni failed to set forth a non-discriminatory reason for that pay disparity. Therefore, the court reversed in part and remanded. The court affirmed the district court's grant of summary judgment for plaintiff's Equal Pay Act claim insofar as it relies on other unnamed male food and beverage directors from different Omni hotels, but remanded for a determination of whether plaintiff can establish a prima facie case with respect to those comparators under Title VII and the Texas Labor Code. In regard to the promotional discrimination claims, the court affirmed the district court's grant of summary judgment to Omni because plaintiff withdrew her name from consideration and understood that she would have been given the offer if she reconsidered. In this case, plaintiff was not rejected by Omni. Rather, she rejected the opportunity from Omni. In regard to the retaliation claims, plaintiff failed to establish a prima facie case of retaliation because she could not demonstrate an adverse employment action. Furthermore, plaintiff failed to establish adverse employment action in response to her requesting and taking FMLA leave; plaintiff puts forth no evidence that the deletion of the computer files was in any way motivated by retaliation; and plaintiff's constructive discharge claim failed.

United States v. Hernandez-Zavala

Docket: 18-40669

Opinion Date: January 7, 2021

Judge: Jerry E. Smith

Areas of Law: Criminal Law

The Fifth Circuit affirmed the summary dismissal of defendant's pro se 28 U.S.C. 2255 motion, in which he challenged his sentence for revocation of supervised release that resulted in an 18-month prison sentence to run consecutively with his sentence for illegal reentry. Defendant claimed that he received ineffective assistance of counsel and that his due process rights were violated. The court held that a district court does not err in declining to offer sua sponte a section 2255 movant an opportunity to amend. In this case, defendant never moved for leave to amend, and United States v. Martinez, 181 F.3d 627 (5th Cir. 1999), does not establish a requirement to offer sua sponte a movant the opportunity to amend. Furthermore, defendant failed to state how he would cure his section 2255 motion if given the chance to amend.