Monday, August 19, 2019

The Process For Restoring A Nationwide Injunction In East Bay Sanctuary, Is Now Scheduled...Wednesday.

Just as we suggested it would all transpire, back on Friday, the able District Court Judge Jon Tigar has now entered an order scheduling the briefing on the plaintiffs' motion to supplement the record evidence, and restore the nationwide scope of the injunction that the Ninth Circuit illogically cut in two, leaving it encompassing only the Southern Border along the states of California and Arizona (but not Texas and New Mexico). Crazy(?!) -- applying a federal legal order, and interpreting unlawful would be federal rules (from Trump), differently, on a state by state basis. Inside a single case, in front of a single Ninth Circuit panel.

That one pager is set forth in blue text below (PDF link, as well), as well as the original memo of law supporting the reinstating a nationwide injunction order (based on additional showings and declarations), from the ACLU, as a 10 page PDF, here:

. . . .The Court has received Plaintiffs’ Emergency Motion to Consider Supplemental Evidence and Restore the Nationwide Scope of the Injunction. ECF No. 57. Regarding the scheduling of the motion, the Court believes that the neither 48 hours proposed by the Plaintiffs for Defendants to respond, id. at 3, nor the “months” proposed by the Defendants, id. at 4, seems reasonable.

Also, the Court requires more legal briefing from the Plaintiffs than is contained in their Emergency Motion on the legal framework for the issuance of a nationwide injunction, so that both parties can thoroughly address this issue. The Court will therefore invite the Plaintiffs to file an amended brief in support of their motion.

Accordingly, the Court now sets the following schedule: Plaintiffs’ amended opening brief is due August 22, 2019; Defendants’ opposition is due August 29, 2019; and Plaintiffs’ reply is due September 3, 2019.

The Court will conduct a hearing on September 5, 2019 at 9:30 a.m.


/s/ Jon S. Tigar

Dated: August 19, 2019. . . .

Now you know. Busy busy -- and a good omen for the plaintiffs here.


Friday, August 16, 2019

In Ms. L. Class Action, In San Diego -- The Status Update Hearing Resulted In An Explicit Order, Binding Trump's Minion.

Clearly, the foot-dragging is being viewed with increasing skepticism -- by the able Judge Sabraw. This afternoon, he clearly asked why the government is late, again, in identifying the additional members of the class -- potentially as many as 32,000 additional children. And then, he ordered written under oath answers from Team Trump by August 30.

Thus far, Commander White has only identified another about one thousand or so (over and above the original about 3,000). Here is the latest, from the as filed two page PDF order:

. . . .On or before August 30, 2019, Commander White shall file a short declaration setting out the status of the remaining two packets of information concerning the expanded class. Defense counsel shall also make arrangements for Commander White to be available during the next status conference. . . .

On or before August 30, 2019, Defendants shall produce any and all government protocols, standards, checklists, etc. concerning the separation of families at the border and/or standards applicable to family detention centers. Counsel shall meet and confer on an appropriate protective order for these documents so they may be produced to both counsel and the Court. . . .

Clearly, things are heating up in California -- four orders, in under two elapsed days. And all but one of them an impending victory for the cause of human rights -- and humanity. The one remaining is at least partially favorable, despite its largely incoherent "logic". It was the last one we discussed this afternoon, below. Onward.


Ninth Circuit (Preliminarily -- And Senselessly) Adopts A Befuddling "Split The Baby" Rule, In East Bay I -- On Injunction Scope.

I am no fan of this decision. It is very poorly thought out, by the majority of the Ninth Circuit panel. [My backgrounder from December 2018 here.] To read the below advice -- that one might be safer crossing in Arizona or California -- is to point out the internal insanity of this decision, even on a temporary basis, affecting a purported federal rule -- that doesn't have "fully federal". . . reach.

Even so, it is of only limited practical harm to would-be asylees. [See bolded advice below.]

Back in the District Court in Oakland, I predict the nationwide scope of the injunction will shortly be restored, on a now more-developed record -- of Trump's lawless aim to thwart well settled federal law. Here is the particularly ill-considered interim 14 page order; and a bit from the very cogent four page dissent, to it:

. . . .There is also a glaring inconsistency -- a contradiction -- in the majority’s split-the-baby approach. If, as the majority and I agree, [Donald Trump's] failure to meet the first Hilton v. Braunskill, 481 U.S. 770, 776 (1987), factor -- likelihood of success on the merits, because of its failure to comply with the APA -- means that its stay motion with respect to the preliminary injunction’s application within the Ninth Circuit fails, it is perplexing to me why that failure does not infect the balance of [Trump's] stay motion and require that a stay of the nationwide aspect of the injunction also be denied.

The majority, in its rush to address the merits of the nationwide aspect of the injunction, simply elides this contradiction. . . .

Do stay tuned. . . but my watch word -- and considered advice -- now: cross along the California or Arizona portions of the US - Mexico border, and. . . avoid (for a few weeks, at least) the Texas and New Mexico stretches. . . as the injunction still prevents Trumpian lawlessness in California and Arizona -- within the Ninth Circuit. Not so, Texas and New Mexico, for now at least. Thus, you'll be in better shape, legally, should you get end up getting caught, crossing. No matter what -- (and no matter where you cross, if caught) immediately claim asylum, by citing a fear of persecution if you are returned. Now you know.

I'll close with a fun mosaic shot. . . of what's in store, on my summer weekend, ahead, at right.


Thursday, August 15, 2019

The Kids Must Have Soap, Toothbrushes, Toothpaste, Clean Clothes -- And REAL Beds...

The dog sitter (and some-times, legal wonder) that is Ms. Sarah Fabian has been told "do not let the gate hit you, in your hind parts", as you go. [Her cruel and nonsensical Ninth Circuit arguments are on video, here.]

And so it is that Donald Trump too -- has been told. All humans imbued with any sense of decency know what "safe and sanitary" must mean, as to children. Tonight, in 73 pages of a comprehensive blasting of Ms. Fabian's deplorable June arguments, the Ninth Circuit panel said exactly what we all knew they would (do read it all):

. . . .Within a few days of initial detention -- three days if a suitable detention facility “is located and has space available” or five days “in all other cases” -- the government ordinarily must choose between two options for placement of minors. The first, and preferable, option, discussed in paragraph 14 of the Agreement, is releasing the minor to a parent, legal guardian, adult relative, or another “capable and willing” designated adult. Alternatively, under paragraph 19, the minor may be placed in a facility “licensed by an appropriate State agency to provide residential, group, or foster care services for dependent children.” Licensed facilities must be “non-secure as required under state law. . . .”

Finally, the government argues that the district court erred in concluding that the Agreement prohibits the government from detaining minors in secure, unlicensed family detention centers. The district court addressed this issue directly in its July 2015 order. Although the government appealed that order, it did not on appeal challenge the district court’s holding on this issue. See Flores v. Lynch, 828 F.3d at 901. “[A] party cannot offer up successively different legal or factual theories that could have been presented in a prior request for review.” Sec. Inv’r Prot. Corp. v. Vigman, 74 F.3d 932, 937 (9th Cir. 1996). The issue belatedly raised in this appeal is not properly before us. . . .

We dismiss the appeal for lack of jurisdiction. . . .

Mr. Trump: Stop violating US law. Just. . . stop. You are holding many innocent, vulnerable asylum-seeking kids beyond 23 days, in prison-like conditions. This is plainly unlawful. Stop it.


Ms. L. Class Status Update Report; New Brief On The 21 Parents Owed A Flight To The US, To Reunite With Their Children.

There will be another status hearing on Friday, in San Diego, in the Ms. L. case (my backgrounder here), to go over the list of still-missing perhaps 1,000 children -- who were detained pre-litigation. That number may well grow, as the government has only made its way through a portion of the potential 32,000 records of detention, thus far.

Here is the latest status report, 17 pages. And separately, here is a bit, from the latest 14 page ACLU brief regarding the 21 parents in full.

. . . .This Court has already held that each of the parents was entitled to proceed through the entirety of their proceedings while accompanied with their children. As this Court further explained, “arriving on the United States soil with one’s minor child to pursue relief extended by U.S. law -- as well as international law to which the United States has acceded -- calls out for careful assessment of how governmental actors treat such people and whether constitutional protections should apply.” Ms. L. v. ICE, 302 F. Supp. 3d 1149, 1164 (S.D. Cal. June 6, 2018). Under the “particular circumstances” of those who have come to the United States to seek asylum, the policy of separating family members is so “brutal” and “offensive” as to violate the right to family unity. Id.

As the Ninth Circuit has recognized, the existence of the right to seek asylum is meaningless if the ability to raise a fear, or present a claim, is impeded by government coercion or unconstitutional conduct. The statutory right to seek asylum “may be violated by a pattern or practice that forecloses the opportunity to apply,” Campos v. Nail, 43 F.3d 1285, 1288 (9th Cir. 1994), or that “interfere[s] with plaintiff class members’ exercise of their right to apply.” Orantes-Hernandez v. Thornburgh, 919 F.2d 549, 564 (9th Cir. 1990) (upholding permanent injunction against unlawful interference with opportunity to meaningfully apply for asylum); Orantes-Hernandez v. Holder, 321 Fed. App’x 625, 626-27 (9th Cir. 2009) (refusing to dissolve the injunction); Campos, 43 F.3d at 1287 (affirming an injunction against a practice that interfered with the statutory right to apply for asylum: an immigration judge’s practice of denying transfer motions to asylum seekers who had moved across the country); cf. M.M.M., 347 F. Supp. 3d at 534 (declining to presume waiver of children’s asylum rights) (citing, inter alia, United States v. Lopez-Vasquez, 1 F.3d 751, 754 (9th Cir. 1993) (“Courts should indulge every reasonable presumption against waiver, and they should not presume acquiescence in the loss of fundamental rights”). . . .

It is unfathomable to me, that now more than a year after the first order enjoining Trump's lawless violations of asylee's rights, we still do not know with certainty. . . how many children are missing in the "system". Separated from their paretns. This is an ongoing stain on our system of ordered liberty and fundamental freedoms. And the lady in the harbor (above) well knows it -- and she. . . weeps.


Monday, August 12, 2019

Ninth Circuit Oral Argument Date Now Set -- In The Suit To Overturn Trump's Pardon Of [Former Sheriff Joe] Arpaio...

Re-Up -- for date: Notice of Oral Argument on Wednesday, October 23, 2019 -- 09:00 A.M. -- Courtroom 2 -- San Francisco. . . End, update. Balance is a reprint from early May 2019:

We simply must offer (and commend) this, to the careful attention of anyone. . . who is a fan of life-long learning. Learning. . . what our founders intended, as they set out our framing documents, about the pardon power.

Here's a hint: they didn't countenance pardons for people who openly hindered and intentionally violated court orders which were designed to protect basic fundamental civil-, and human- individual rights.

Here's a bit of it, but do go read it all. It is likely that the Ninth Circuit will (as early as this Summer Winter) hold that Trump overstepped his constitutional abilities, in pardoning the odious "Sheriff Joe".

. . . .Courts recognize that the pardon power is not unbounded; it is part of the constitutional scheme and must operate within constitutional limits. . . . The Arpaio pardon transgressed three such limits. . . .

[T]he courts [are vested by the Constitution] with independent authority to safeguard the rights of individuals. Critical to that independence is the judiciary’s power to enforce its own orders through contempt proceedings without relying on the whims of the executive branch. The Arpaio pardon undermines that independence and thus the judicial power to remedy violations of individual rights. . . . [T]he President’s duty [is] to take care that the laws be faithfully executed -- a responsibility that bars him from encouraging lawlessness by pardoning a figure renowned for his assaults on constitutional rights. . . .

No President may issue a pardon that interferes with the federal courts’ power to vindicate individuals’ constitutional rights through duly issued injunctions and contempt orders. And expanding the pardon power to enable total exoneration through vacatur is corrosive of the rule of law and outside the bounds of any recognized Presidential power. . . .

Enforcing these limitations, the Framers understood, would become the special province and structural role of the courts. “Limitations of this kind,” Hamilton wrote, “can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing. . . .” THE FEDERALIST NO. 78, at 465. . . .

Now you know. And my boy, Hamilton -- is prominently featured. Smile. Onward.


It Pains Me To Say So, But Trump Probably Possesses This Power: "Public Charge" DQs Green Card...

Starkly unlike literally any other measure Trump has proposed by rule, related to the US immigration or asylum processes and policy. . . based only upon my "quick read through" -- of its about 450 pages. . . I think Trump possesses the structural power to deny green cards to people who become public charges [as opposed to those merely "likely" to so become].

I think this "policy approach" is, in almost every respect, ill-considered. But I do think he possesses the Article II authority to promulgate it -- and more importantly. . . enforce it.

As I get more free time(?!), I'll look more closely, at it -- for "glitches".

But I think we should be prepared for the idea that it may be "the new normal" -- at least until November 2020.

Onward, in any event. In the mean time, do take the time [per my graphic at right, if you haven't, previously] to see "Gangs of New York" on cable or Netflix -- the embedded allegorical lessons were clearly never learned by Donnie Dotard. Apologies to the creators of that fine piece of art, especially Daniel Day Lewis (as Bill the Butcher) and Leonardo DiCaprio.

This is not the vision of America any real native New Yorker [or right-thinking American] wants. . . .


Friday, August 9, 2019

Friday Space Stuff: Amateur Astronomer Captures Massive Asteroid/Comet Impact On Jupiter...

Here's a quick pair of tweets I put together on it, earlier today [along with actual video of the event below; at right is simply a general Jupiter approach]:

". . .It is hard to estimate the size from this backyard scope's feed, but the size of the below impact suggests a flare as big as several of Earth's moons across. . . .

And, due to the speed of the winds -- 700+ miles an hour, around the middle of Jupiter, the object never "hits" anything solid -- only speeding gas streams, under tremendous pressure, spinning at supersonic speed. The flash is likely it burning up, in that thick atmosphere, and leaving a trail/tail. . . in the howling winds of Jupiter. . . .

I should probably add that if the object were dense enough (not a snowball, but some configuration of a mostly-metal asteroid), it might penetrate tens of thousands of miles into that pea soup, and reach dense ammonia layers. . . if it still survived beyond that [unlikely], it might eventually reach a "liquid" core -- of what is thought to be "metallic gasses" -- hydrogen and helium, so densely pressed by Lord Jupiter's gravity. . . that they become liquid metallic versions of those elements. It almost certainly was incinerated to nothing, long before reaching the interior -- Jupiter is just so. . . vast.

Now you know. Be better to one another. . . even strangers. . . than you really need to be, this weekend.


Thursday, August 8, 2019

For Each Of The 680 Detained... IF They've Been Here More Than Two Years...

. . .there is a presumption under the existing federal law, that they are here lawfully. [It seems this was the largest single ICE raid in US history. Disgusting -- on the day Trump created campaign videos, in El Paso -- using the racist's murder of 22 as a. . . prop.]

This means, down in Morton, Mississippi, at least as to those who can show two years or more of residence, they must be accorded full US due process.

It ALSO means, assuming they have no other felony warrants, they MUST be granted bail, until their first "on merits" hearing. This is clearly a non-violent offense. They must be charged, and released -- normally within 48 hours. [The ACLU will be on site, to see to that.] Here is a bit -- from CNN:

. . . .After immigration authorities rounded up hundreds of workers in a massive sweep at seven Mississippi food processing plants, friends and family members are desperately searching for answers.

A crowd waited outside a plant in Morton, Mississippi, Thursday morning, hoping authorities would release their loved ones. Video footage from CNN affiliates and Facebook live showed children sobbing as they waited for word on what had happened to their parents. . . .

But in the mean time, once again, Trump's unthinking, unblinking cruelty. . . falls primarily on. . . vulnerable children. Yes, he is a monster.

Another fair legal question -- just on a moment's glance at Google Maps, is to ask whether Morton is within 200 miles of the border. It doesn't look to be -- [it looks to be about 800 miles from the Mexico-Texas border, as the crow flies.] Which would mean the ICE agents were unlawfully asking for papers. That rule remains US law. Did they have a court warrant, or just an ICE warrant? This matters, greatly -- to the outcome. I suspect most of the supposed arrests will be eventually dismissed, on the basis that the arrests were themselves. . . unlawful -- under the fourth amendment.

Finally, if Trump is truly after equal justice under the law -- I will be patiently awaiting a list of the EMPLOYERS who were also ARRESTED -- for employing what ICE claims were "obviously" undocumented workers. Crickets. . . .


Wednesday, August 7, 2019

Esteemed Law Profs, On Trump's Hideously Unlawful "Third Country" Anti-Asylum "Rule"

Overnight, we have yet another new brief, in East Bay III. It is from several of the most-renowned immigration law professors in the United States. And as we've long said. . . it points to statutory commands. From Congress.

So, it will come as no surprise that Stephen Miller, for Donald Trump, didn't even fully read the current law -- let alone the historical development of the post-WW II international treaties. Treaties that, in turn, became codified in 8 U.S.C. § 1158. This has all been well-settled statutory law, for now a half century.

Once again, Trump, acting alone -- purporting to adopt a mere "rule" -- one that would overtly contradict the scheme of 8 U.S.C. § 1158 -- is simply a bridge too far. 45 plainly lacks the power to do what he seeks to do, under the separation of powers doctrines. He needs new legislation -- which he knows he will never get. Here's a bit -- do read all 18 pages:

. . . .[T]he new rule subverts the safe third country agreements authorized by Congress in 8 U.S.C. § 1158(a)(2)(A). The United States has been exceptionally sparing in entering into such agreements, concluding a pact with only one country: Canada. See Agreement on Safe Third Country, U.S.-Can., Dec. 5, 2002. . . .

That agreement features exhaustive safeguards for asylum seekers and methodical monitoring from both parties that ensure that removal of foreign nationals under the agreement will comply with Congress’s goal of protection from persecution and “access to a full and fair procedure for determining a claim to asylum.” See 8 U.S.C. § 1158(a)(2)(A). The [purported] new rule circumvents all of these protections. . . .

We owe our founders the duty of preserving what they built for us -- in checks and balances. And we owe all humanity, the beacon of freedom General George Washington long ago promised all immigrants. The central idea that Washington advocated became enshrined in Lazarus' soaring poetry -- which was, in turn, inscribed at the base of the Statue of Liberty, in New York harbor.

I, for one, do not intend to let her torch go. . . dark. Not on my watch. See you in court, 45.


Cyntonia Brown Is Free... From Tennessee's Prison Industrial Complex, As Of This Morning.

She served 15 full years, of a would-be life sentence.

For acts she committed at age 16. [There will be no graphic, today.]

She killed a "john" -- one who had paid her, for sex -- when. she. was. 16. That made her. . . a sex-trafficking victim.

In most states -- "the john", himself, even back then -- would have been chargeable with statutory rape.

Not so, in Tennessee -- as a child of color -- she got natural life in prison -- at 16.

But she is a free woman, this morning.

Justice delayed, is sometimes. . . justice, denied -- Thurgood Marshall, and Dr. King — were. . . right.


Tuesday, August 6, 2019

[Space Life Science] Q: Has Humanity Now "Contaminated" The Moon -- With Very-Hardy Earth Life?

To be fair, as my masthead [below] tonight implies, we Yanks left entire cars and base stations as trash on the surface.

[Our 1969-72 "lunar camping" was clearly pre- the zero footprint notions of even state-side National Parks wilderness exploration.] But NASA and the then-USSR did their level best to avoid contaminating the moon with earth-life -- even microbes.

Fast forward about a half-century, now -- and sadly, an Israeli launched lunar lander has made a very hard landing on the Moon. The robotic lander was carrying a life science experiment package -- that included tardigrades -- "water bears."

Countering what would be our first guess -- in fact, the packet was designed to withstand a hard landing. And water bears have been revived after being frozen for 31 years. [We earlier reported on 41,000 year old, frozen then University of Tennessee-reanimated Siberian nematodes -- multi cell organisms.] So -- here is the tantalizing possibility: could they be "hibernating" on the surface, right now?

. . . .Based on Arch Mission's analysis of the spacecraft's path as well as the makeup of the lunar library itself, Spivack told Wired on Monday that he's confident the library, a "DVD-sized object made of thin sheets of nickel," survived the crash mostly intact.

That doesn't mean the DNA or water bears are in good shape.

"We sent enough DNA to regenerate life on Earth, if necessary," Spivack tweeted Tuesday. "Although it would require more advanced biotech than we have to do that. At least our DNA is offsite now. But note that cells and DNA cannot survive or reproduce on the moon. Yet if retrieved they could be useful. . . ."

Of course, it would be a bad thing if these water bears were spilled out into the open, on the lunar surface -- as thousands of them were in the packet. Who knows what mutations might occur, in the radiation of a no-ozone layer body? I feel a very bad Sam Rockwell sci fi thriller evolving, somewhere on a napkin -- in a Starbucks, in Pacoima. . . heh.


Monday, August 5, 2019

[U: Brief filed.] In East Bay III, Trump Seeks ANOTHER Ninth Circuit Appeal -- From His THREE Losses, Below.

UPDATED: Here is the very cogent plaintiffs' Ninth Circuit brief saying Trump shouldn't be able to toss up unlimited interim appeals. End update.

Before we get to the East Bay III briefing schedule update, proper. . . let me mention that -- as was the case this very morning, if 45 cannot be bothered -- to get the name of the city down right [he said Toledo, not Dayton], in expressing "thoughts and prayers". . . we should all be duly skeptical that he means even one word of what he says about denouncing the white supremacists. The KKK was, is and remains a. . . "feature", not a bug -- in his version of GOP party "base" voters.

Now. . . after his sound thrashings / losses last week -- he's asking for a "do-over", in the Ninth Circuit. Here's the Ninth's response this morning, as convened in San Francisco:

. . . .Before: TASHIMA, M. SMITH, and BENNETT, Circuit Judges.

The court has received [Trump's] “Emergency Motion Under Circuit Rule 27-3 For Administrative Stay and Motion for Stay Pending Appeal.” The request for an immediate administrative stay is denied.

The opposition to the emergency motion for a stay pending appeal is due by Monday, August 5, 2019. The optional reply in support of the emergency motion is due on Tuesday, August 6, 2019. . . .

Now you know. So -- we will have a highly-likely cogent ACLU brief by tonight, linked right here. And. . . Team Doofus', by. . . tomorrow night.



Sunday, August 4, 2019

We Must Renounce Trump's Hate-Filled, Violent, Virulent Racism -- In Word, And Deed.

At several of his rallies, explicit permission had been given, on video -- by Trump himself, most recently, in the Florida panhandle. . . to "do something". . . and "get away" with shooting "invaders" [from Mexico].

All this blood is on his, and McConnell's hands. Directly the proximate result of their "policies" [and maddening inaction]. Here's the latest:

. . . .Saturday’s rampage appeared to be a hate crime, and police cited a manifesto they attributed to the suspect as evidence that the bloodshed was racially motivated.

A state prosecutor said they will seek the death penalty for the suspect, Patrick Crusius, 21, of Allen, Texas.

The U.S. attorney for the western district of Texas, John Bash, said federal authorities were treating the massacre as a case of domestic terrorism.

“And we’re going to do what we do to terrorists in this country, which is to deliver swift and certain justice,” Bash told reporters at a news conference on Sunday.

He said the attack appeared “to be designed to intimidate a civilian population, to say the least. . . .”

Obviously, Trump's border insanity [as we've long documented]. . . factors in, here.

During the day Sunday, while Trump was golfing [again!], someone was deleting all his tweets that reference "invaders" -- since the exact same phrasing was used in both manifestos, in Gilroy and El Paso, by the two young white identity domestic terrorists / hate crime perpetrators.

In the law, that is powerful evidence of. . . a guilty mind. Spent much of this cool evening on the lake shore. . . meditating. . . for a better tomorrow, per the image at right, above -- and the 50 second video, below.


Thursday, August 1, 2019

Judge Tigar's Nationwide Injunction Will Continue -- As Appeals Proceed, In East Bay III, In The Ninth Circuit.

Just as we predicted, earlier this week: Trump loses, again. Here is the full order, as a PDF file.

No surprise -- but good news for people who believe in the rule of law, and equal justice under it:

. . . .The government now seeks a stay of the injunction while it pursues an appeal. ECF No. 47. Because the government has not met its burden to demonstrate that a stay is warranted, the Court will deny the motion. . . .

Onward -- off to the farmers' market, now -- for cherries. . . . Grinning widely.


Wednesday, July 31, 2019

Title X En Banc Rehearing Order: Week Of September 23, 2019.

We now have a date range, for the rehearing of the Title X cases, before the full Ninth Circuit.

Here it is:

. . . .En banc oral argument will take place during the week of September 23, 2019, in San Francisco, California. The date and time will be determined by separate order. . . .



Briefs Are Filed; Decision Soon -- In Latest "East Bay III" Case... From Able USDC Judge Jon S. Tigar, In Oakland.

It is [in my opinion] highly likely that Judge Tigar will keep his nationwide preliminary injunction, against the latest Trumpian border cruelty, in place.

Here is the full nine page brief -- and a bit:

. . . .Ultimately, the government rests on the same unsuccessful arguments it made in opposing Plaintiffs’ request for preliminary injunctive relief: that 8 U.S.C. § 1158 does not “on its face” forbid the Attorney General from considering transit through a third country when exercising his discretion to grant asylum, and that the Rule “complements” the firm resettlement and safe third country provisions, which are “concerned with different classes of aliens.” Stay Mot. 6; see also PI Opp. 8-9, 13. The Court already rejected these arguments, see PI Order 21-26, and the government offers no basis to revisit that conclusion. . . .

There was also an update, in the Title X cases -- I'll get to that tonight, most likely. But now. . . tacos chant my name. Sweet and low, they call my name -- but chanting, they are -- just the same. Onward.


Tuesday, July 30, 2019

[U] A Pair Of Developments, In Immigrants' Rights / Asylum / Border Wall Cases... New Brief -- Tomorrow.

UPDATED @ 7 PM EDT: The Wa Po and the networks are now covering this 218 page Memo of Law in the Ms. L. case settlement -- which indicates that AFTER the court order prohibiting it, DHS, ICE and Team Trump continued to separate an additional over 900 children from parents, at the border.

This is [in my opinion] solidly into contempt of court territory. We will see what the able Judge Sabraw decides to do, by way of further enforcement orders, related to the injunction he entered last year. But this sort of willful thwarting of a clear federal court order cannot go unpunished. These are. . . babies, afterall. End, updated portion.

Meanwhile, in the Sierra Club v. Trump case: it is pending once again, in the Ninth Circuit, after the Supremes' order of last Friday night -- and now a motion decision / hearing will occur by end of day, Pacific on August 2.

Here's the bit -- do stay tuned, right here:

. . . .Plaintiffs shall file their response to the [47] motion for a stay pending appeal by 12:00 p.m. on July 31, 2019. The Court will then take the matter under submission. The Court intends to rule on the motion for a stay by 12:00 p.m. on August 2, 2019. . . .

And separately, in the Ms. L. class action settlement -- as to those 21 parents seeking the right to return to retrieve their OWN children -- and be accorded due process, as to their parental rights. . . we have a supplemental briefing order, from the able Judge Sabraw -- today.

We will keep track of these deadlines -- and briefs -- and report, as more responsive papers are filed.

Onward -- as Trump tells a bevy of new and preposterous lies, in Virginia today. He is being boycotted by black and brown state legislators there -- and being quite-righteously heckled, as he speaks. All live, on CSPAN. I'll take it.


Q2 Beauty: Merck Beats By $0.15; Very Impressive Keytruda® Ramp — $21 Billion, By Itself, Annualized?

As the luminous but clear dawn appeared here, a few hours ago -- Kenilworth dropped a very impressive beat on the market — with truly eye popping pembrolizumab sales ramping, quarter by quarter.

About six years ago, when BMS's Opdivo® was first to market [by over six months], I had extolled its lead over Merck's Keytruda®. The intervening years have seen Merck steadily, slowly, surely. . . pull ahead -- and now, kick on the afterburners -- as it pulls away from all the competition in immuno-oncology. And I couldn't be happier. Well done, Mr. Frazier -- well done.

Here's a bit from Investors' Business Daily and the full link:

. . . .On average, analysts polled by Zacks Investment Research called for Merck earnings of $1.16 a share on $10.91 billion in sales.

For the year, the Dow Jones pharma giant guided to EPS of $4.84-$4.94 with sales of $45.2 billion to $46.2 billion. Analysts expected Merck to earn $4.74 per share and to report $44.63 billion in sales. . . .

In addition, find myself grinning, and grinning widely -- in no small part because the incarcerated felon Martin Shkreli, back when Merck was at about $74, called the stock as a short. This morning it is over $86, in the early pre-market trading. How very droll -- Mr. Frazier single-handedly wrecked Marty's whole jail-house [mythical] short "portfolio". Amazing that surrogates will still post for him, on the internet, right?

In any event, onward, on a perfect mid-summer morning! Be excellent to one another. . . . we will find fresh tacos, and cherries today -- on foot.


Sunday, July 28, 2019

[Space Science Sunday] JAXA Sticks A Perfect Ryugu "Bounce" [Onto An Asteroid] -- Collects A Return Sample...

On this Sunday, we are using Twitter to defend Elijah Cummings, and the fine people of Baltimore -- from a now two day onslaught, from a true "enemy" of the people -- not foreign, but sadly. . . domestic. An enemy at 1600 Pennsylvania.

An enemy looking to distract the nation -- from the vise-grip like walls of justice --now closing in, around him.

Thankfully, we have some lighter, more uplifting and positive [if off-planet] fare -- this Sunday. JAXA has shown NASA, ESA and the world "how it is done" -- when landing on a micro-gravity asteriod called Ryugu -- to collect some interior samples [by pogo-sticking an explosive charge], and bouncing gently back into orbit. Astonishingly perfect. . . space engineering: just as planned. The samples will return in a few years -- long, elliptical return orbit, at that. Do enjoy:

Onward -- be excellent to one another -- and ignore the dotard. He is one of a dying breed. . . of racists.