#Justice | #
Not Quite #WhatTheyVotedFor
Let us start with Maura Dolan of the Los Angeles Times:
A three-judge panel of the U.S. 9th Circuit Court of Appeals declined early Sunday to immediately block an order from a federal judge in Washington that halted the travel ban.
Instead, the panel established a rapid schedule for written arguments.
A brief from the two states that challenged the ban was filed early Monday. The administration’s response was due at 3 p.m. Pacific time. A panel ruling could come anytime after that―most likely within a week, experts said.
The three judges who happen to be sitting on the 9th Circuit’s motions panel this month and who will rule on the case are William Canby Jr., a President Carter appointee; Richard Clifton, appointed by President George W. Bush; and Michelle T. Friedland, appointed by President Obama.
Clifton is considered moderately conservative and the two Democrats are viewed as moderately liberal. The 9th Circuit is broadly viewed as the most liberal federal appeals court.
If Trump loses, he could immediately go to the U.S. Supreme Court. Justice Anthony M. Kennedy, who handles matters from the 9th Circuit, would probably ask the other justices to weigh in.
Erwin Chemerinsky, dean of the UC Irvine School of Law, suggested Sunday that the 9th Circuit was likely to rule against the Trump administration.
“Virtually every judge to consider the executive order has said that there is a substantial likelihood that it is unconstitutional,” Chemerinsky said in an email. “Both Republican and Democratic appointees have come to this conclusion. Having read some of the briefs in these cases, I think any court is likely to come to this conclusion.”
The Evergreen Tip (Trump Trump Mix)
“The States have satisfied the Winter test because they have shown that they are likely to succeed on the merits of the claims that would entitle them to relief; the States are likely to suffer irreparable harm in the absence of preliminary relief; the balance of equities favor the States; and a TRO is in the public interest. The court also finds that the States have satisfied the ‘alternative’ Cottrell test because they have established at least serious questions going to the merits of their claims and that the balance of equities tips sharply in their favor. As the court noted for the Winter test, the States have also established a likelihood of irreparable injury and that a TRO is in the public interest.”
“Policy dissent is in our culture. We even have awards for it.”
―Unnamed U.S. diplomat serving in Africa
Speaking of movements, what apparently started on home shores, a State Department dissent cable, has gathered some serious moss. Support. Serious support. To wit, the New York Times reports:
Within hours, a State Department dissent cable, asserting that President Trump’s executive order to temporarily bar citizens from seven Muslim-majority countries would not make the nation safer, traveled like a chain letter―or a viral video.
The cable wended its way through dozens of American embassies around the world, quickly emerging as one of the broadest protests by American officials against their president’s policies. And it is not over yet.
By 4 p.m. on Tuesday, the letter had attracted around 1,000 signatures, State Department officials said, far more than any dissent cable in recent years. It was being delivered to management, and department officials said more diplomats wanted to add their names to it.
The State Department has 7,600 Foreign Service officers and 11,000 civil servants.
#DimensionTrump (cryptic pipeline)
#DimensionTrump | #WhatTheyVotedFor
“The Trump executive order should be seen more as a mission statement, and less as a monarchical edict that can instantly change the law.”
As Republicans rally ’round their health care policy better known as, “Repeal and … y’know … whatever”, this is President Trump’s ante; Margot Sanger-Katz explains for the Upshot:
The order spells out the various ways that a Trump administration might fight the parts of the health law until new legislation comes: by writing new regulations and exercising discretion where allowed. Regulations can be changed, but, as the order notes, only through a legal process of “notice and comment” that can take months or years.
On matters of discretion, the administration can move faster, but there are limited places where current law gives the administration much power to quickly change course.
How much of the order is bluster and how much it signals a set of significant policy changes in the pipeline is unclear. The order was not specific and did not direct any particular actions.
“Right off the bat, what do they do―something incredibly cryptic that nobody understands,” said Rodney Whitlock, a vice president of M.L. Strategies, a Washington consulting firm. Mr. Whitlock was a longtime health policy aide to Senator Chuck Grassley, a Republican from Iowa.
There are days, you know, when it is really easy to pick on an idea. Take Oklahoma for instance. Last week we learned about the strangeness of Oklahoma virtue, and then a spokesman for Gov. Mary Fallin (R) found himself blaming Texas for protests in Durant and Oklahoma City demonstrating support for the Confederacy as President Obama arrived.
Talk about a trifecta; this also happened:
Gov. Mary Fallin (R) and the GOP-led legislature announced they’re prepared to ignore the state Supreme Court, at least for now, while they consider new solutions.
The Republican governor talked to reporters, saying roughly what you’d expect her to say: she’s “disappointed” with the court’s decision; she thinks they made the wrong call; etc. But as KFOR, the NBC affiliate in Oklahoma City, reported, Fallin added one related thought that wasn’t expected at all:
Gov. Fallin said she believes the final decision on the monument’s fate should rest with the people.
“You know, there are three branches of our government. You have the Supreme Court, the legislative branch and the people, the people and their ability to vote. So I’m hoping that we can address this issue in the legislative session and let the people of Oklahoma decide,” she said.
The KFOR report added, “Despite what the governor said, the three branches of government include the legislative, executive and judicial branches” ....
.... We can certainly hope that Fallin, a former multi-term member of Congress, knows what the three branches of government are. Indeed, in Oklahoma, she’s the head of one of them – the one she left out this week.
This is actually one of the big differences. Look, Democrats might well be just as middling, mincing, and incompetent as they seem, but, to the one, to the one, it’s nothing comparable to this, and, to the other, ritual equivocation would only obscure important considerations.
Yesterday, Steve Benen described what he sees as a “silent governing failure” of Senate Majority Leader Mitch McConnell. Following a Huffington Post report that the Senate would, under his leadership, become even less productive and more intransigent about the federal judiciary, Mr. Benen reminded:
Now, some of you are probably thinking this is normal. President Obama’s second term is starting to wind down; the opposition party controls the Senate; so it stands to reason that the GOP majority would scrap plans to confirm qualified court nominees. Perhaps, the argument goes, McConnell is doing exactly what Democrats did when they had a similar opportunity.
It would be a credible argument if it were in any way true.
The Bobby Jindal Show (Exploratory Sneak Peak Preview Pak)
Louisiana Gov. Bobby Jindal wants to be another culture warrior fighting for the 2016 GOP presidential nomination. McKay Coppins of BuzzFeed offers a glimpse of the governor’s groundwork:
With a new political ad airing this week in Iowa, Louisiana Gov. Bobby Jindal is informally kicking off his bid for the Republican presidential nomination by casting himself as the conservative movement’s leading voice in the culture war battle over religious freedom.
The ad, which was previewed for some news outlets including BuzzFeed News, features Jindal rhapsodizing — in his signature rapid-fire twang — about the sacred need to protect religious believers’ “freedom of conscience,” which he argues “must, in no way, ever be linked to the ever-changing opinions of the public.” It concludes with a line that has become a mainstay of his recent speeches and interviews: “The United States of America did not create religious liberty. Religious liberty created the United States of America.”
In keeping with what is bound to be a relatively low-budget, scrappy campaign operation at the outset, Jindal’s ad doesn’t have much money behind it. According to an operative at The American Future Project — the pro-Jindal advocacy group launching the ad — the commercial is debuting in Iowa with a “five-figure ad buy,” meaning the organization spent somewhere between $10,000 and $99,000 to get it on the air. It will appear on cable and online and it will run for one week, according to the group.
There really is no question about what is about to happen. Yesterday the presidential hopeful announced his exploratory committee:
“For some time now, my wife Supriya and I have been thinking and praying about whether to run for the presidency of our great nation,” Jindal said in a statement Monday.
“If I run, my candidacy will be based on the idea that the American people are ready to try a dramatically different direction. Not a course correction, but a dramatically different path.”
He said he won’t make a final decision until after the legislative session ends next month. The creation of an exploratory committee allows him to raise money for the White House, though, and is just the latest signal toward Jindal’s seriousness about jumping into the 2016 contest, despite his low ranking in many polls on the large Republican field.
As Elizabeth Crisp reports for The Adovocate, Mr. Jindal is finished as executive of the Pelican State according to term limits, and has begun moving about like a presidential candidate in Iowa and New Hampshire, and turned much of his public expression toward more nationally-oriented policy discussion. That said, there are still opportunities to mix Pelican politics with Beltway dreams.
Hillary and the Clowns
“Republicans’ intransigence has created an obvious opportunity for Hillary to rip off our arms and beat us with the bloody ends. She’s expertly exploiting our party’s internal problems.”
Wincing in abject human sympathy is probably fair. So is former New Hampshire Republican Party chairman Fergus Cullen’s assessment. As David Nakamura and Robert Costa explain for the Washington Post:
Hillary Rodham Clinton’s fighting words on immigration this week, designed in part to provoke Republicans into a reactionary counterattack, instead drew an unusual early response from several top-tier GOP presidential candidates: silence.
Two days after Clinton vowed to expand on President Obama’s executive actions to shield up to 5 million undocumented immigrants from deportation, Wisconsin Gov. Scott Walker was one of the only leading Republican 2016 contenders to strike back, calling it a “full embrace of amnesty” that is “unfair to hard-working Americans.”
By contrast, former Florida governor Jeb Bush, Sen. Marco Rubio (Fla.), Sen. Rand Paul (Ky.) and New Jersey Gov. Chris Christie did not weigh in publicly on the remarks Clinton made Tuesday at a campaign stop in Las Vegas. Sen. Ted Cruz (Tex.), one of Obama’s most vocal critics on immigration, waited to make a late evening post on Facebook, writing that Clinton “wants to expand and continue” Obama’s programs and “lawlessness.”
Former Arkansas governor Mike Huckabee told MSNBC that Clinton was wrong, saying the country needs to focus on border security first.
This is, as the WaPo duo put it, a “relatively subdued GOP reaction”. Typecast tinfoil and tuneless, tin-can triviality are hardly the stuff of candidates aspiring to show their presidential leadership, but they are hallmarks of the Republican clown car.
And while Jeb Bush might not have responded directly to Hillary Clinton, at least the offered up a Cinco de Mayo message … in Spanish. As platitudes go, that one apparently counts as creative; or, as such, Jeb Bush hopes to be the serious clown.
Nakamura, David and Robert Costa. “Why Clinton’s immigration speech left many Republican rivals speechless”. The Washignton Post. 7 May 2015.
DelReal, Jose A. “Here is Jeb Bush’s Cinco de Mayo message to Mexican-Americans”. The Washington Post. 5 May 2015.
So, here we are:
For the first time, companies that have contracts with the federal government are now prohibited from firing or discriminating against employees based on their sexual orientation or gender identity, thanks to an executive order that takes effect Wednesday.
I might have mentioned something about this in passing.
Thank you, Mr. President.
Bendery, Jennifer. “It Is Now Illegal For A Federal Contractor To Fire Someone For Being LGBT”. The Huffington Post. 8 April 2015.