Kator, Parks, Weiser & Wright, PLLC

A Washington, D.C. based law firm with a civil practice in employment law

Category: KPWH (page 2 of 3)

KPWH Government Shutdown Lawsuit Dismissed Under Expanding ‘Political Question Doctrine’

The “political question doctrine” traditionally provided that courts should not get involved in certain kinds of matters that are more appropriately decided by the elected branches of government. The U.S. District Court decisions in a case about the 2018/2019 government shutdown, brought by Kator, Parks, Weiser & Harris, PLLC, demonstrate an expanding definition of the doctrine. The lawsuit about the shutdown was dismissed under an expanding political question doctrine, which seeks to avoid any matter that might have any implications for matters of partisan politics.

Kator, Parks, Weiser & Harris, PLLC, filed a lawsuit in U.S. District Court on behalf of four federal employees who were required to work without pay during the 35-day government shutdown during December 2018 to January 2019. The suit alleged, among other things, that the government requiring employees to work without pay under threat of discipline or removal violated the Thirteenth Amendment prohibition against involuntary servitude, and that limiting employees’ rights to seek outside work unconstitutionally violated their Fifth Amendment protections for individual liberty and property.

The Federal District Court denied a motion for an emergency temporary restraining order, making clear in its Order that “the Judiciary is not just another source of leverage to be tapped in the ongoing internal squabble between the political branches.” When the Government moved to dismiss the claims as moot after funding was restored and the government re-opened, it argued that if the Court decided the claims, “it would require this Court to effectively place itself in the middle of a political dispute—namely, a dispute over the federal budgetary process, and how the government should operate when that budgetary process fails.”  The Court agreed, holding that judicial restraint is advised “where the underlying dispute arises from a budgetary dispute involving ‘complex political choices.’”  The Court sought to avoid involvement in a matter that might affect the politics of decision making between the Congress and the President.

Throughout the litigation of the shutdown case, the Government warned the Court against intervening in a “squabble” between the two political branches. Despite the constitutional harms alleged, the Court agreed, and shied away from claims that sought resolution of constitutional questions that resulted in real harm to the claimants. The questions before the Court were not about who should win in a budget battle between the two ends of Pennsylvania Avenue—the questions were about what constitutional rights are afforded federal employees and how those rights should be respected during a lapse in appropriations.

This may happen again in the three cases before the United State Supreme Court regarding President Trump’s financial records.  In the cases of Trump v. Mazars, Trump v. Deutsche Bank, and Trump v. Vance, President Trump has fought tooth and nail to immunize himself from congressional oversight seeking financial records, and prevent a New York prosecutor’s investigation into alleged criminal activity by the Trump Organization. The defendants in the Mazars and Deutsche Bank cases are set to produce Trump financial records in response to Congressional subpoenas. In Vance, President Trump seeks to avoid prosecution, and the attendant subpoenas seeking financial documents.

These cases present very important foundational questions about the presidency, certainly requiring a constitutional interpretation: should the presidency come with nearly total legal immunity from prosecution or oversight for the incumbent?

In this instance, if the Supreme Court decides to defer to lower court decisions, it would mean President Trump loses, because the Mazars and Deutsche Bank defendants would then be required to produce Trump’s financial records. Likewise, the New York state prosecution could continue with its efforts to secure his financial records. This would mean the Trump Administration’s broad assertions of total immunity from prosecution and oversight are not to be ratified at this point.

KPWH Secures Hold on Suspension of Whistleblower

KPWH attorney Cathy Harris secured a hold on a proposed suspension of a federal whistleblower at the Department of Education. Our client had blown the whistle to the Washington Post regarding the Trump administration’s 2018 budget proposal. KPWH was assisted by the U.S. Office of Special Counsel, which agreed to our request to the Department of Education that the suspension be placed on hold. The matter is now under review to determine if there has been whistleblower retaliation.

To read an article in the Washington Post about the decision, click here..

To contact Kator, Parks, Weiser & Harris, click here.

KPWH Named to List of “Best Law Firms” for 2020

U.S. News and World Report included Kator, Parks, Weiser & Harris in its 2020 list of the best law firms in the nation. Both of the firms’ Washington, DC and Austin, TX offices were recognized in the rankings for Employment Law. The rankings are based in part on surveys sent to lawyers around the country. We are proud that our hard work and success on behalf of employees is recognized in the legal community.

If you wish to seek legal advice or inquire about becoming a client of the firm, please contact us.

KPWH Files Suit to End Forced Unpaid Labor During Government Shutdown

KPWH attorneys filed a lawsuit on January 9, 2019 to end the practice of forcing certain federal employees to work while in unpaid status during the government shutdown. The suit alleges that this practice violates the Thirteenth Amendment’s prohibition of involuntary servitude. The suit also claims that the government is in violation of the Fifth Amendment by prohibiting federal employees from obtaining outside employment during a government shutdown, and that the government’s practice of compelling some federal employees to provide unpaid work violates the Constitution’s separation of powers and other federal statutes.

A copy of the lawsuit is available by clicking here.

KPWH is honored to have filed suit on behalf of federal employees standing up for their rights. For more information about our law firm, or for contact information, click here.

NY Times Notes KPWH Questions about DOJ Sexual Harassment Policy

A May 4, 2018 article published by The New York Times about new sexual harassment guidelines issued by the Department of Justice quotes KPWH co-manager Cathy Harris, who questions the DOJ policy. Ms. Harris stated to the Times:

“The question this raises is who does the Department of Justice prioritize?” Ms. Harris said. “Right now, they’re worried about being sued by harassers. They should be worried about being sued by the victims whose claims are ignored. That will be much more damaging to the department’s reputation.”

Read the entire NY Times article here.

Contact KPWH to discuss your possible legal claims.

KPWH Challenges Trump Administration Delay of Organic Livestock Policies

On March 1, 2018, Kator, Parks, Weiser & Harris joined the American Society for the Prevention of Cruelty to Animals (ASPCA) in filing an amicus curiae brief supporting a critical case brought by the Organic Trade Association against the Trump Administration for its continued delays in implementing the Organic Livestock and Poultry Practices Rule.

KPWH is proud to join with the ASPCA to fight efforts by the Trump Administration to delay the rules that were crafted by career USDA officials. Learn more about KPWH and ASPCA’s amicus curiae brief and the case here.

KPWH Files Brief on Behalf of Dozens of Civil Rights Groups Opposing Sex Harassment of Students

Kator, Park, Weiser & Harris, P.L.L.C. attorneys Cathy Harris and Daniel Clark joined with the National Women’s Law Center to file an amicus brief with the U.S. Court of Appeals for the Fourth Circuit on behalf of almost 50 civil rights organizations in support of female student victims of cyber harassment. The brief supports the position that the University of Mary Washington did not fulfill its legal duty under Title IX, which requires schools to address sexual harassment against students. Kator, Park, Weiser & Harris, P.L.L.C. is proud to stand with the National Women’s Law Center to advance the cause of equal access to education for all students, and to advance and protect women’s equality and opportunity.

KPHW Named 2018 Best Law Firm

U.S. News & World Report and Best Lawyers named Kator, Parks, Weiser & Harris as a 2018 leading law firm in the area of Employment Law.  KPWH is proud of its lawyers and the work we have done to receive such an honor.

Cathy Harris honored as Lawyer of the Year

Cathy Harris was named as a 2018 “Lawyer of the Year” in the practice area of Employment Law-Individuals in Washington, DC by Best Lawyers.

KPW Attorneys Named DC SuperLawyers

The 2013 Roster of DC Area SuperLawyers includes KPW Attorneys Michael Kator and Cathy Harris. KPW Attorney Jeremy Wright was also named as a DC Area SuperLawyer Rising Star. KPW congratulates its Members on their recognition as 2013 DC SuperLawyers.

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