Friday, August 27, 2021

Court won’t block order requiring reinstatement of “remain in Mexico” policy

I have been telling folks that complain about SCOTUS procedurals that on merits cases when the rubber meets the road, cases like this will usually be at least 6-3. And when the eviction moratorium issue became a case based on merits rather than procedural, I figured when we got past procedurals and to merits it would go precisely this way. 

SCOTUS also refused to hear a Biden administration plea for reprieve on a district court's order requiring it to reinstate the Trump administration's "remain in Mexico" policy requiring asylum seekers to stay in Mexico while they wait for a hearing in U.S. immigration court. That one was also 6-3. I am not surprised there either. I was kinda amused that DHS vs Regents was cited to bolster the ruling since conservatives whined a lot on the Chief Justice John Roberts rationale there; namely, that the Trump administration had not properly explained its decision to end DACA. Well, the court just struck the Biden administration with the same sword ruling that the Biden administration was unlikely to prevail in court in demonstrating that its decision to end the "stay in Mexico" policy was not "arbitrary and capricious" rather than reasonable and reasonably explained. 

I wonder of those cheering the Chief Justice's application of the Administrative Procedures Act on the Trump administration's attempts to end DACA will be similarly euphoric on Biden's administration getting its wings clipped on its attempts to end the Trump era "stay in Mexico" policy. Or if those booing the DACA case and Chief Justice Roberts on DACA will similarly boo on this one. In neither case is that likely since the hyper partisans among us are rarely consistent and non-hypocritical. But I digress. 

Tuesday, August 24, 2021

Guess who may be the last hope for Roe v Wade

I do not see either Roberts nor Kavanaugh going against gutting Casey's undue burden criteria. Whether they would overturn Roe is another issue but Roe is a toothless symbol now. The power is in Casey and the lynchpin to Casey is undue burden. 

Chief Justice Roberts in a dissent from the 2020 term more or less laid out for the right the way to go about this and it is by going after the undue burden doctrine. Will the right finally get a clue and do this or will they continue to beclown themselves by wasting time and energy on Roe for a symbolic "gotcha" more likely to blow up in their face than not? 

Ignore Roe, focus on Casey, and aim at undermining undue burden or getting it clarified to where it is so strict it is functionally next to useless. That is the smart way to play chess on this. 


Monday, August 23, 2021

Sunday, August 22, 2021

Points to Ponder:

Demoralized and overmastered people think
The quickest way to end a war is lose
Dictatorship ends starting with tyrannicide
You must destroy the cancer at its root. [Dave Mustaine]
Op-Ed: As a doctor in a COVID unit, I’m running out of compassion for the unvaccinated. Get the shot