Nel's New Day

July 9, 2018

New SCOTUS Justice Nominee, Continuing Lawsuits

The suspense is over, and the work begins. Dictator Donald Trump (DDT) has nominated Brett Kavanaugh, anti-abortion activist, as his choice for a Supreme Court Justice, perhaps because the sitting judge on the D.C. Circuit Court believes that a sitting president should not be indicted. I will write more about him later. In the meantime, U.S. courts keep chewing away at federal injustices:

The U.S. Supreme Court, soon to be reconfigured to the right, delivered a final statement for 2018 on gerrymandering when it kept the redrawn legislative districts by returning the case to a North Carolina court that tried to reduce racial gerrymandering. Democrats are the majority voting bloc in the state, but the GOP controls ten of the 13 seats in the House of Representatives and a veto-proof majority in the General Assembly. The Supreme Court could still hear the case again if an appeal from Republicans returns the issue to the higher court. Legislators are also trying to move the court to the right by increasing the number of judges. But they can’t finish this process by the fall election—I hope!

Today DDT lost another round in the separation of children and families when a judge refused long-term detention of migrant families except in cases when parents are detained on criminal charges. Judge Molly M. Gee said the administration’s attempt to change the 1997 Flores agreement requiring the release of children within 20 days was “a cynical attempt” to shift immigration policymaking to the courts in the wake of “over 20 years of congressional inaction and ill-considered executive action that have led to the current stalemate.” In another federal case, 54 migrants under the age of six, scattered from California to New York, will be secretly returned to their parents tomorrow, half the number who were removed from their parents. Tomorrow is the court’s deadline for all the youngest migrants to be returned to their parents. The court has mandated that the remainder of children over five years old, perhaps 2,900, must be reunited by July 27.

The DOJ dropped charges against the last 38 protesters of the 200 arrested at the inauguration of DDT. Prosecutors managed to get one guilty plea to a felony and another 20 to misdemeanors in 18 months after turning the lives of hundreds of people upside down.

A federal judge has ruled against a Tennessee law that suspends or revokes driver’s licenses of people too poor to pay court costs or traffic fines because the law violates constitutional due process and equal protection clauses. The ruling does not affect other states, but it sets a precedent for other similar rulings. Over four million drivers have lost their licenses for failure to pay these charges in only five states—Texas, Michigan, North Carolina, Virginia, and Tennessee.

A judge in the Southern District of New York ruled that the lawsuit opposing the citizenship question in the 2020 census can go forward amid “strong” evidence DDT acted in bad faith. Also granted was the request for discovery that will bring to light the background for this decision. Judge Barbara Underwood wrote:

“By demanding the citizenship status of each resident, the Trump administration is breaking with decades of policy and potentially causing a major undercount that would threaten billions in federal funds and New York’s fair representation in Congress and the Electoral College.”

ICE cannot systematically detain migrants fleeing persecution from their home countries, according to a judge in the Federal District Court of D.C. who pointed out that the U.S. government requires these applicants to be freed when appropriate. Under DDT, parole rates have gone from over 90 percent to “nearly zero.” Judge James Boasberg has ordered individualized reviews for all asylum seekers before denying parole in a case affecting over 1,000 asylum seekers denied parole in Detroit, El Paso, Los Angeles, Newark, and Philadelphia. ICE has held one of the plaintiffs for over 18 months after he fled Haiti and passed his credible fear interview and then a judge granted him asylum in April 2017.

A ballot initiative already passing review for the fall ballot by the Michigan Court of Appeals will go to the state’s Supreme Court. A Republican and business-backed group are challenging the initiative to create an independent commission to draw legislative districts with advice of consultants and public hearings. Gerrymandering in Michigan, as in a majority of other states, has caused Republicans to take over state legislatures despite a majority of Democrat voters in some states.

A federal judge blocked Kentucky’s Medicaid work requirements because they did not consider whether these would violate the provision of health care to the most vulnerable people. The disagreement comes from whether the requirement furthers the program’s goals. Up to 95,000 people could lose Medicaid coverage within five years with these requirements. Kentucky was the first state to create these work requirements, and three other states—Indiana, Arkansas, and New Hampshire—had received federal approval. Seven other states have submitted proposals.

Gov. Matt Bevin retaliated against people on Medicaid by cutting Medicaid dental and vision benefits to almost 500,000 people, some of them children. In Kentucky, Medicaid covers about 1.4 million people, almost half of them children. Federal funding provides for 80 percent of the $11 billion dollars for the program. Bevins’ order may violate the judge’s ruling about Medicaid.

Attorney General Jeff Sessions has been named as a possible witness in the federal corruption trial of an Alabama coal executive and two politically connected attorneys in Alabama. The case is about an alleged conspiracy to bribe a state legislator to limit the EPA’s cleaning up a Superfund site. The legislator, Oliver Robinson, has already pled guilty to taking bribes from Drummond Coal that were facilitated by the two attorneys at a major Birmingham law firm. Other witnesses include several state legislators as well as Sen. Richard Shelby (R-AL), recently returned from a PR trip to Russia, and Rep. Gary Palmer (R-AL). As a senator, Sessions tried to intervene with the EPA to stop the cleanup at the Superfund site after conferring with the Drummond lawyers; the law firm and coal company were Sessions second- and third-largest contributors to his senate campaign, a great deal after Sessions intervened. The DOJ has been overseeing the case while Sessions is AG.

After a number of losses in court, including being sent to take remedial law classes, Kansas Secretary of State Kris Kobach will no longer represent himself in court during his appeal for contempt in court and a ruling of unconstitutional for requiring people to show proof of citizenship in voter registration. Kobach’s office will be lead counsel. Furious because he lost a straw vote to gubernatorial competitor Gov. Jeff Colyer, Kobach accused his opponent of voter fraud by paying 106 people to vote.

A federal judge issued an injunction against a 2015 Arkansas law that bans abortion pills. Earlier the U.S. Supreme Court had refused to hear a case against the law. After Planned Parenthood presented new evidence, the judge indicated that it may prevail in the case. A federal judge also blocked Indiana’s new requirement that medical providers report patient information to the state after treating women for complications from abortions.

Last week, people celebrated the separation of the United States from the reign of George III. In another eight years, the U.S.—if it still exists—will celebrate the 250th anniversary of this document. Until then, consider the similarity between the actions of George III and DDT:

  • DDT ignores laws and court decisions he doesn’t like—anti-nepotism, Russia sanctions, emoluments clause, the Affordable Care Act—the list goes on.
  • DDT blocks laws in the Congress, such as ones about immigration, if he disapproves.
  • DDT wants to be a dictator like China’s Xi Jinping, while a majority of Republicans want to postpone the next presidential election.
  • DDT demonizes immigrants with extreme punishment. Consider the Declaration’s complaint about George III: “he has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither….”
  • DDT tries to prevent a legal investigation into ties between Russia and his campaign through attempts to weaken U.S. confidence in the FBI, the intelligence services, and the justice system as a whole.
  • DDT “has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.”
  • DDT has ordered “Standing Armies without the Consent of our legislatures” by sending National Guard troops to the border with Mexico.
  • DDT is stopping “Trade with all parts of the world” and “imposing Taxes on us without our Consent” with tariffs and alienation of allies.
  • DDT “has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people” through expanding offshore drilling, risking wildlife and oceans, and destroying economies of states bordering oceans.
  • George III also suffered from a mental illness.

DDT has just nominated a Supreme Court justice while he is being investigated not only for his involvement in Russian election meddling but also for illegal payoffs to women with whom he had affairs, defamation, and his illegal activities with his personal charitable foundation. He might also be charged, both civilly and criminally, with perjury by signing at least four annual federal tax returns swearing that the organization wasn’t used for political and/or business purposes although evidence shows that he lied. Yet DDT thinks he’s above the law, and his new Supreme Court justice may agree with him.

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