Tuesday, May 30, 2017

Update: Brooklyn Trial Level Case, Against Mr. Trump's Muslim Ban 2.0 -- Back In Court, On June 5, 2017

Even as the Fourth Circuit decision, continuing to enjoin 45's Muslim Ban 2.0, is being analyzed this morning, and set for an appeal filing as early as this week, by Mr. Session's team -- to the United States Supreme Court. . . and while we await the Ninth Circuit's opinion, on the same issues -- the trial level court in Brooklyn will hold another settlement conference in about a week, related to specific injuries suffered by various individual would-be refugees, immigrants and visa holders, that night at Kennedy. I expect the Trump Administration will fold.

And we will see the relief the plaintiffs have request, fully granted. That will be the settlement. [Prior early May background here, on this specific case's posture.]

Here's the Brooklyn order, from late last week:

. . . .The Court held a settlement conference in this action today and the Court shall hold a follow-up settlement conference on June 5, 2017 at 10:00 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Ordered by Magistrate Judge Lois Bloom on 5/26/2017. . . .

I would suggest that we ought to read Mr. Trump's remarks in the Middle East last week -- those respectful of the Islamic faith -- as his Administration's attempt to produce evidence that he has moved beyond his hateful campaign rhetoric.

Personally, it looks for all the world, more like a sneeringly pretextual nod -- by 45, in the vain hope that the Supremes might yet save his abomination of an executive order. I think the Supremes will rule 6-3 or 9-0. . . against him. And that event will mean (assuming the Ninth holds against him, in a few days) that he will have gone 0-for-11 -- in the courts. Not one federal court has found that his vague national security claims should be allowed to run rough-shod over our Constitution's hard-won protections of a society that deeply values religious pluralism. Now you know.


1 comment:

Condor said...

I'll have an updating post on this in a few -- but the able Judge is not pleased with Mr. Platt -- Mr. Trumps lawyer. He agreed to a substantive conference date, and then backed out, thus (apparently citing only his own vacation schedule -- bad move!):

. . .ORDER granting [202] Motion to Adjourn Conference: Respondents write to request an adjournment of the June 5, 2017 follow-up settlement conference. (ECF No. [202].)

The Court is not pleased with respondents' request as this date was chosen with all parties present and to accommodate all parties' schedules. Nevertheless, the Court will grant a short adjournment so the parties are fully prepared. The Court shall hold a follow-up settlement conference on June 7, 2017 at 12:00 p.m.

The parties shall appear at that time in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. To make the conference an efficient use of our time, the Court expects that those who were in attendance at the May 26, 2017 settlement conference to attend on June 7, 2017.

The parties shall notify me by June 5, 2017 if there will be any change in who will be present. The Court urges the parties to focus their efforts on resolution.

Ordered by Magistrate Judge Lois Bloom on 5/31/2017
. . . .

Mr. Trump's lawyer want a full week delay -- to the 12th. he got. . . two days.

Object lesson? It's never a good idea to disrespect the court's time -- especially the very overworked Brooklyn federal District court.