Wednesday, September 13, 2017

On The Largely Trivial Sideshow -- In Hawaii's Most Recent Ninth Circuit Win...

One cannot expect Fox News to understand the context.

But one might reasonably expect more intellectual curiosity -- from its reporters. Or perhaps. . . not.

Overnight, in a rather smallish surprise, the Supremes have trimmed back a small portion of Hawaii's otherwise complete win, against Trump's Muslim Ban 2.0, in the Ninth Circuit. [That one paragraph PDF is courtesy Lyle Denniston.] But as we've long said -- this is not yet "on the merits" -- at the Supremes. In a little over a month now, the Supremes will hold "on the merits" arguments -- on 45's bans, proper. All the current kerfluffle is about is. . . what the Supreme's shortish grant of cert. order actually meant.

While the Supremes plainly agree that grandparents are and remain close family, the small-ish part of the Ninth Circuit's decision that will be stayed -- until the case is decided on the merits at the high court -- is the notion of exactly how much documentation is needed (between a refugee, and a sponsoring agency) to establish a bona fide relationship, with "a recognized aid agency" -- in the language of prior rulings.

That, in turn, drives whether the refugee is entitled to admission to the US. And the Supremes have simply put a hold on those decisions -- some 25,000 people, at current estimates -- until the court has a chance to hear formal argument in October.

Now you know. But don't expect Fox to explain that. They have an agenda to advance. [My title does not imply that I think any person's status/need to arrive here, as a refugee, is trivial -- far from it. I just still see the outcome as 6-3 striking most of Ban 2.0.] Onward, on another busy morning. And. . . Marty goes to jail in about ten hours now. Smile.


No comments: