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A4   U.S. NEWS
                       Tuesday 17 May 2022
            Judge: California’s women on boards law is unconstitutional




            By BRIAN MELLEY                                                                                                     law,  also  known  by  its  bill
            Associated Press                                                                                                    number,  SB826,  called  for
            LOS ANGELES (AP) — A Los                                                                                            penalties   ranging   from
            Angeles  judge  has  ruled                                                                                          $100,000  fines  for  failing  to
            that  California’s  landmark                                                                                        report  board  compositions
            law  requiring  women  on                                                                                           to  the  California  secretary
            corporate boards is uncon-                                                                                          of state’s office to $300,000
            stitutional.                                                                                                        for multiple failures to have
            Superior Court Judge Mau-                                                                                           the  required  number  of
            reen  Duffy-Lewis  said  the                                                                                        women board members.
            law  that  would  have  re-                                                                                         Fewer than half the nearly
            quired  boards  have  up  to                                                                                        650  applicable  corpora-
            three  female  directors  by                                                                                        tions  in  the  state  reported
            this  year  violated  the  right                                                                                    last  year  that  they  had
            to equal treatment. The rul-                                                                                        complied.  More  than  half
            ing was dated Friday.                                                                                               didn’t  file  the  required  dis-
            The    conservative   legal                                                                                         closure statement, accord-
            group  Judicial  Watch  had                                                                                         ing  to  the  most  recent  re-
            challenged the law, claim-                                                                                          port.
            ing it was illegal to use tax-                                                                                      Supporters  of  the  law
            payer  funds  to  enforce  a                                                                                        hailed it for achieving more
            law that violates the equal   Betsy Berkhemer-Credaire, CEO of 50/50 Women on Boards, is seen in the Tom Bradley Conference   gains  for  women.  Other
            protection  clause  of  the   Room at City Club LA in downtown Los Angeles on Sept. 3, 2021.                        states followed California’s
            California     Constitution                                                                        Associated Press  lead.   Washington   state
            by  mandating  a  gender-                                                                                           passed  a  similar  measure
            based quota.                 in corporate boardrooms.     report  or  comply  with  the  or  enforce  the  fine  would  last year, and lawmakers in
            The  law  was  on  shaky  The  state  defended  the  law, a chief in the secretary  likely exceed its authority,”  Massachusetts, New Jersey
            ground  from  the  get-go  law  as  constitutional  say-  of  state’s  office  acknowl-  Padilla wrote.             and Hawaii proposed simi-
            with  a  legislative  analysis  ing  it  was  necessary  to  re-  edged during the trial that  The  law  required  publicly  lar bills. Illinois requires pub-
            saying  it  could  be  difficult  verse  a  culture  of  discrimi-  it was toothless.  held   companies    head-    licly  traded  companies  to
            to  defend  and  then-Gov.  nation  that  favored  men  No  fines  have  ever  been  quartered  in  California  to  report the makeup of their
            Jerry  Brown  saying  he  was  and was put in place only  levied and there was no in-  have  one  member  who  boards.
            signing  it  despite  the  po-  after other measures failed.  tention to do so, Betsy Bog-  identifies  as  a  woman  on  Deputy  Attorney  General
            tential  for  it  to  be  over-  The state also said the law  art testified. Further, a letter  their boards of directors by  Ashante  Norton  said  alter-
            turned  by  a  court.  Brown  didn’t  create  a  quota  be-  that  surfaced  during  trial  the  end  of  2019.  By  Janu-  natives  to  a  law  mandat-
            said  he  signed  the  bill  to  cause  boards  could  add  from  former  Secretary  of  ary  2022,  boards  with  five  ing  seats  for  women  had
            send a message during the  seats  for  female  directors  State  Alex  Padilla  warned  directors  were  required  been  tried  in  California  to
            #MeToo era.                  without  stripping  men  of  Brown  weeks  before  he  to  have  two  women  and  no avail. In 2013, for exam-
            In  the  three  years  it  has  their positions.          signed  the  law  that  it  was  boards  with  six  or  more  ple, the Legislature passed
            been  on  the  books,  it’s  Although  the  law  carried  probably unenforceable.      members were required to  a resolution to get compa-
            been credited with improv-   potential  hefty  penalties  “Any  attempt  by  the  sec-  have three women.           nies to add women to their
            ing the standing of women  for failing to file an annual  retary  of  state  to  collect  The  Women  on  Boards  boards, but few did.q


                                                                      Justices limit federal court review of

                                                                      some deportations



                                                                      even  though  Georgia  law  citizenship status. The judge  joined with the court’s three
                                                                      entitled a noncitizen in Pa-  ordered Patel and his wife  liberal justices in dissent. “As
                                                                      tel’s  situation  to  a  license  deported.               a result, no court may cor-
                                                                      to drive. Patel and his wife,  Justice Amy Coney Barrett  rect  even  the  agency’s
                                                                      Jyotsnaben, concede they  wrote for five conservative  most      egregious   factual
                                                                      entered  the  U.S.  illegally  justices  that  federal  courts  mistakes  about  an  individ-
                                                                      roughly 30 years ago since  can’t review such decisions  ual’s  statutory  eligibility  for
            An American flag waves in front of the Supreme Court building,   leaving  their  native  India.  under immigration law. The  relief,” Gorsuch wrote, not-
            Nov. 2, 2020, on Capitol Hill in Washington.              In 2007, Patel applied for a  U.S.  attorney  general  can  ing the agency itself sided
                                                     Associated Press
                                                                      “green card,” legal perma-   grant  protection  from  de-  with  Patel  at  the  Supreme
            By MARK SHERMAN              The court ruled 5-4 against  nent  residency  status,  with  portation, but people must  Court.
            Associated Press             Georgia  resident  Pankaj-   the  support  of  his  employ-  first  be  eligible  and  the  While  the  high-court  case
            WASHINGTON  (AP)  —  A  kumar Patel, who checked  er.  The  Patels  have  three  result  of  the  immigration  dealt       with   deportation,
            sharply  divided  Supreme  a box indicating he was a  children.  One  is  a  U.S.  citi-  judge’s  decision  was  that  Gorsuch wrote that the de-
            Court  on  Monday  ruled  U.S. citizen when renewing  zen and the other two are  Patel was ineligible.              cision could foreclose court
            that  federal  courts  are  his Georgia driver’s license  green-card  holders  who  “Federal  courts  have  a  review  when  immigration
            powerless  to  review  immi-  in 2008.                    are married to Americans.    very  limited  role  to  play  in  officials make errors of fact
            gration  officials’  decisions  An immigration judge, who  But  Patel’s  quest  for  legal  this process,” Barrett wrote  in other contexts, “the stu-
            in  some  deportation  cas-  is  a  Justice  Department  status  foundered  on  the  li-  concluding  that  immigra-  dent  hoping  to  remain  in
            es,  even  when  they  have  employee,  concluded  Pa-    cense application, and the  tion law “precludes judicial  the  country,  the  foreigner
            made  what  a  dissenting  tel  intended  to  misrepre-   immigration  judge’s  deci-  review  of  factual  findings  who marries a U. S. citizen,
            justice  called  “egregious  sent  his  status  for  the  pur-  sion  that  Patel  had  inten-  that  underlie  a  denial  of  the  skilled  worker  spon-
            factual mistakes.”           pose of getting his license,  tionally  misrepresented  his  relief.” Justice Neil Gorsuch  sored by her employer.” q
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