Thursday, March 9, 2017

"Roll, Tide Roll": That's What's Happening With The Existing TROs -- Against Muslim Ban 2.0...

Let's just pull the lens back a bit, away from the bark on the various trees in this federal legal forest -- and pan up, to get a glimpse from high above the canopy.

What we'd see. . . is that 45 is headed to yet another well-deserved defeat, as early as March 15, in the federal courts in Honolulu, Hawaii. And in the days after that, elsewhere in our great nation, from coast to coast.

And while it is a bit of a jarringly-switched metaphor, I will also proclaim: "Roll tide, roll." Let justice be done. The Rev. Dr. Martin Luther King, Jr. would have wanted it to come out just so. . . . Here's a bit from today's NPR reporting (as I am just now returning to my office, from federal court myself):

. . . ."The bottom line is that the court issued, and we obtained, a temporary restraining order on the original executive order," [Washington State AG Bob] Ferguson told NPR's Robert Siegel ahead of the announcement. "Yes, the revised one is more narrow — that's a success. But the core constitutional problems remain the same."

Ferguson added: "The intent behind the executive order targeting those Muslim countries still remains, and that is unconstitutional. . . ."

[Editor's Note: Another news report captured his remarks in this way:]

“. . .We’re asserting that the president cannot unilaterally declare himself free of the court’s restraining order and injunction,” Ferguson told reporters at news conference Thursday. “This is not a new lawsuit....It’s our view that that temporary restraining order that we’ve already obtained remains in effect. And the burden is on the federal government to explain why it does not.”

You cannot tweet your way out of it,” Ferguson added. “It does not work that way in a courtroom. . . .”

Indeed, it doesn't. [Tonight's filing, here -- a 16 page PDF file.] And so -- it is quite well with my soul that I will soon end this [another] long march, this way -- head held high, smiling and letting justice roll down on those quite wicked, and those quite-small minds. . . . let it end, thus. Out.


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