Tuesday, June 26, 2018

Know This: Tomorrow Morning, In California's Central District... The Fight Escalates, Appreciably.


Forget that Justice Kennedy didn't have the courage to speak any real truth to power -- this morning. All he had was a one page concurring faint -- in case history (as she will) ultimately declares this a Dred Scott or Korematsu decision. So be it. It's firmly in the rear view mirror, now. I laud the four who did tell the truth of it: Sotomayor; Ginsberg; Kagan and Breyer.

Now. . . onward: Starting tonight, we re-double our effort to protect the children. I am rather busy preparing for my own hearings here in Chicago in the morning, so I don't have time to elaborate fully (I promise I will return to this).

But know this: out west, later in the day, eastern tomorrow. . . Chad Readler is about to get buried. A group of interested persons and professionals are intervening into the Flores litigation to get (among many other things) medical monitoring underway, for the families.

Do go read it all -- 23 pages worth -- but the able Judge Gee will grant the intervention:

. . . .The harm the government has caused to Plaintiff-Intervenors’ children through its unconstitutional family separation policy is profound and can be remedied, if at all, only through the provision of trauma-informed mental health services with the participation of Plaintiff-Intervenors and outside a detention facility. Plaintiff-Intervenors have a substantial interest in participating in this case because they, as parents, have an interest to ensure that the Flores settlement is enforced so that their children receive this care. . . .

Second, the Plaintiff-Intervenor parents have their own related rights to vindicate in response to the harm of family separation. These include a right to release to be with their minor children while they await the conclusion of their asylum application. Zadvydas v. Davis, 533 U.S. 678 (2001). . . .

[T]he facts giving rise to this action stem from Defendants’ decision to implement the Separation Policy in the first place, which has caused the trauma of deliberate family separation and the constitutional harms outlined in the Complaint in Intervention. . . .


Onward. And. . . be sure to throw sand in 45's gears of hate and division, wherever, and whenever you are able. I know I will. G'night. . . .

नमस्ते

1 comment:

condor said...

Look for accelerating action here, in Flores, on Friday, now -- an agreement was entered today, to extend for two days -- as follows:

". . .The parties stipulate and request that the Court continue the due date of Plaintiffs’ response by two business days from Wednesday, June 27, 2018, to Friday, June 29, 2018. Counsel for Plaintiffs and Defendants have conferred and all parties join in this stipulation.

Good cause exists for the Court to grant the parties’ request. Given the substantial dedication of time required for the monitoring efforts that Plaintiffs’ counsel are engaging in, including overseeing and coordinating previously arranged site visits to CBP, ICE, and ORR facilities in California, Arizona, New Mexico, Texas, and Pennsylvania, Plaintiffs’ counsel requires additional time to adequately prepare their opposition to Defendants' Ex Parte Application seeking to modify certain aspects of the Flores Agreement. [Doc. # 435.]

DATED: June 27, 2018
. . . ."

Now you know. Tune in Friday, late in the day.