"Tania Nemer is one of dozens of immigration judges fired by the Trump administration this year. But a new lawsuit filed in Washington, D.C., suggests what happened to Nemerand whyhas the potential to scramble the federal workforce and upend foundational civil rights laws. Nemer alleges that despite top performance reviews, she was dismissed from her job because of her gender, her status as a dual citizen of Lebanon, and the fact that she once ran for municipal office in Ohio as a Democrat."
"The government has responded by arguing the president's power to oversee the executive branch under Article II of the U.S. Constitution essentially overrides that core civil rights law, Nemer's attorney said. "This is a case in which the President of the United States has asserted a constitutional right to discriminate against federal employees," wrote her lawyer, Nathaniel Zelinsky, of the Washington Litigation Group. "If the government prevails in transforming the law, it will eviscerate the professional, non-partisan civil service as we know it.""
Tania Nemer, an immigration judge, alleges dismissal during her probationary period despite top performance reviews because of her gender, dual Lebanese-American citizenship, and past Democratic municipal candidacy. The lawsuit contends those grounds violate the Civil Rights Act of 1964 and the First Amendment. The government argues presidential Article II oversight authority permits the firing and effectively overrides the civil-rights statute. Her lawyer warns that a legal transformation favoring the government would eviscerate the professional, nonpartisan civil service. The administration abruptly removed Nemer from the bench in February, and supervisors reported they were unaware of the reason.
#immigration-judges #employment-discrimination #presidential-power-article-ii #civil-rights-act--first-amendment
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