Saturday, June 23, 2018

And... Chad Readler Is Already Outsmarted: The Lawyers For Border Asylum Seekers Have Filed Overnight


Do go read all seven pages. It is succinct and salient. And highly persuasive. Trump is (yet again!) out of his depth, here. He has violated the law, and the court will soon say so.

Here's a bit -- but this one will likely come down to the able Judge Dolly Gee finding that there is "no manifest injustice" being worked, at least not against the government, by preserving the existing Flores consent decree procedures:

. . . .The Ex Parte Application seeks relief from two critical provisions of the Flores Agreement: (1) the general policy favoring release; and (2) the requirement that children be detained in licensed facilities. These same or similar requests were previously made to this Court and rejected. [Ed. Note: Booyah!] The broad relief Defendants seek cannot be granted without full consideration of the relevant factual and legal issues involved.

It is impossible for Plaintiffs and their counsel to prepare such papers overnight. They need a reasonable opportunity to submit opposition papers that address Defendants’ arguments. . . .

Plaintiffs respectfully submit that Defendants should submit their application in full, Plaintiffs will then respond, and the Court can then decide the application. . . .

In light of President Trump’s recent catastrophic and chaotic policy and practice, adopted without prior notice to Plaintiff’s Class Counsel or this Court, of separating class members from their parents without a rational and humane reunification plan in place, Flores counsel with the assistance of volunteer attorneys, paralegals, and interpreters are interviewing class members at facilities in California, Arizona, Texas, and Pennsylvania, in order to be fully informed about the experiences of class members and the extent to which these experiences may violate the Agreement. Depending on the facts gathered over the next several days, Flores counsel may conclude their responsibilities to the class require them to seek emergency relief from this Court. . . .


That's a shot across the bow -- and a sign that. . . Sanity is beginning to make a comeback here, in the courts.

Be excellent to one another -- and since I'm off-grid on a road trip until Monday -- and I follow space science news: I will re-ask (here) two great questions I read, regarding Trump's Space Force announcements, on Twitter:

"(1) When will Puerto Rico have electric power restored? and (2) When will Flint have safe drinking water?"



नमस्ते

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