Sunday, March 10, 2019

More Trump-ian "Los(er)ing" -- In Ms. L. Class Action -- In San Diego...


At the end of the week, the able Judge Sabraw -- over team Trump's strident (but simply illogical) objections -- unsurprisingly ordered that all forcibly separated families at the southern border (not just those ripped asunder, post June 26, 2018) are entitled to the protections of the court's injunction(s).

Here is that 14 page order, but again the notion that Trump's lawyers have to be told (by a more specific order) that regardless of date of event (since Congress made no new law in this area), the forcible separating of. . . families, is wrong. . . is itself rather. . . staggering:

. . . .In implementing the Court’s preliminary injunction and reunification order, Defendants limited this class to parents whose children were “detained in ORR custody, ORR foster care, or DHS custody” on the date the preliminary injunction was issued, June 26, 2018. Defendants did not include in the class those parents whose children were released from ORR custody before June 26, 2018. As a result, those parents -- the potentially “thousands” identified by OIG -- were not reunified with their children pursuant to the Court’s preliminary injunction. Plaintiffs now move to clarify that the class certified in the Court’s Order includes those parents, or in the alternative, to modify the class definition to include those parents. After reviewing the parties’ briefs and relevant legal authority, and hearing argument from counsel, the Court grants Plaintiffs’ motion to modify the class definition. . . .

The hallmark of a civilized society is measured by how it treats its people and those within its borders. That Defendants may have to change course and undertake additional effort to address these issues does not render modification of the class definition unfair; it only serves to underscore the unquestionable importance of the effort and why it is necessary (and worthwhile). . . .


So it goes -- yes, we must remain civil, in the face of unspeakably evil policies, carried out ostensibly in all of our names. We awoke groggy -- from a great night, at "Hamilton" (again), with fam -- and a very late night/early morning airport run. . . so, now a delayed work-out, ahead. Smile. . . .

नमस्ते

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