Wednesday, March 1, 2017

Today's Developments In Seattle, At The Federal Trial Level -- And No, 45's "New" Muslim Banning Order Won't Change The Outcome...

I confidently expect that 45's new Muslim Banning order will suffer from the same evidence-related infirmities that neutered the first one.

That is, Mr. Trump cannot walk away from his very public, on the record statements -- about banning Muslims, and about preferring foreign Christians. Those statements are on record. They are powerful evidence of religious and perhaps racial animus. So it won't really matter what his new order says, in the end. He will have to overcome the evidence he himself created, from his own mouth -- that makes the order an unconstitutional exercise of tyrannical overreach.

That said, there was a teleconference in Seattle yesterday, to set trial level schedules. So now the so-called Rule 26 conference will occur on March 15 -- five days after the government's brief is due in the appellate court, before the Ninth Circuit panel. And the issues argued -- in both will likely not abate, in any real way, due to the signing of any newly-modified executive order by 45 (in my experienced opinion). Here's the bit:
. . . .MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk:

Telephone Conference held on 2/28/2017 re: defendants' request to extend deadlines in the court's Order Regarding Initial Disclosures and Joint Status Report (Dkt. # [87]). For the reasons stated on the record, the court grants the request. The deadlines are extended as follows: FRCP 26(f) Conference Deadline extended to 3/15/2017, Initial Disclosure Deadline extended to 3/29/2017, Joint Status Report due by 4/5/2017. . . .

Now you know. Onward, with night falling on Ash Wednesday -- it is in the books. . .



Anonymous said...

Yes very touching. But there is absolutely NO RIGHT or obligation of the US to allow anyone in, let alone demand to come here. Pull that crap somewhere else and see what happens.

condor said...

Thanks for your perspective, Anon.

Anyone with a bona fide relationship to someone already here lawfully has the right to petition for admission. That's black letter law.

And any US citizen abroad has the additional right to demand reentry -- and have a hearing -- regardless of the allegations made by TSA, INS or Hinekand Security.

Just to keep the facts straight.

The Supremes will affirm all of that, this fall 6 to 3 -- and strike 45's pernicious bans.

Word. Do stop back -- wildly divergent views make for comprlling reading, no?


condor said...

Forgive the Homeland typo... running to a client lunch!


Anonymous said...


Day of the Condor - The High Court has spoken!! The riff-raff can stay where they are. Have enough home-grown maniacs to put down (vegas, newtown, VA, etc.). Good news is Europe lets ANYONE in, even if they threaten them and take over their cities. Way to go morons.



condor said...

Thanks “No Name” —

But you are ill-informed. Check the top of my blog, on both this Wed. and Fri. mornings...

All the Supremes did was lift a trial courts’ level stay. The Supremes did not reach the merits.

Let’s see what the Ninth and Fourth Circuits Court of Appeals do — shall we?

Either way, the Supremes will likely not have their formal on the merits say until February of 2018. And 45 May well have (largely involuntarily) departed the office by then.

Do factor that into your xenophobic gloating...