Birthright Citizenship Is Clearly… SAFE. Whew.

The Supremes agreed to hear argument in three pending cases, true enough.

But… the Court declined to take any steps at all, to stay the lower courts’ unanimous decisions. There’s a very solid sense in which, if Tangerine had even a colorable argument, they might have “given him a chance” — while the litigation progressed — to try his policies out.

They did no such thing, and that is entirely unsurprising. There is NO colorable argument here, against the plain language embedded in the Fourteenth Amendment — and cases, stretching back 150 years.

He will never have the votes for a new Constitutional Amendment. Game over. What a waste of time, and taxpayer money.

नमस्ते

“We Love To See It!” MyPillow Guy… Broke?! Woo-Hoo!!!

I — for one, am fairly skeptical… that he can’t come up with some $56,000 in cash. Immediately.

[This sounds very much like Rudy G.’s insolent whining, in Manhattan, earlier this year… but somehow… he scrounged up some goodly-part of… ~$148 million. Huh.]

A federal judge wants under oath but sealed financial statements by Friday (proving he is broke), or he will place Lindell in contempt — and perhaps the actual can / lockup, for a bit — as Lindell dodges judgment damages he owes — for knowing lies about voting machine companies, in the 2020 election aftermath.

What a bunch of miscreants these jamokes are — couldn’t happen to a nicer guy.

Out.

Again — Hinderaker, Afraid Of Losing His Gravy Train Gigs… Won’t Say Tangerine CANNOT “Fire” Fed Chair… Ugh.

At lunch, Hinderaker — ever the coward — is too much of a shrinking violet to say what is obvious to anyone who’s looked carefully at it:

The President cannot fire the Fed Chair. Except for very narrow “for cause” — affirmative, intentional misconduct (like, say… conviction of felonies — oops… but that would be… yep, Tangerine 2.0 — should be fired! He remains a convicted financial frauds felon). But I digress. Where was I? Oh. Right.

Just yesterday, I quoted (what I had then hoped was an academic point)… had hoped… would would never be a “live” discussion: the idea that Trump might try to fire or dismantle the Fed.

Now… it is more or less… “live” — at least in the sense that the dotard is raging on his dead letter social media service, about doing it. It is a “no chance” possibility. Chief J. Roberts will never G for it.

But Hinderaker makes it sound like… maybe Baby T has a point. He does not — unless he resigns at the same time, for being a convicted felon.

Geez. What a pair of putzes. Both of them.

“East Bay IV” Begins Again, In Earnest — Whether Asylum Seekers Have The Right — To EFFECTIVELY Petition In The Courts… For Their Rights.

The Ninth Circuit has returned the East Bay Sanctuary class action case (one of dozens of backgrounders, here) to the capable USDC Judge Jon Tigar, to consider whether the plaintiff has “organizational standing” to advocate on behalf of people who mostly speak no English, are/were not educated in the niceties of our byzantine legal system — and in the main, are struggling mightily just to feed and clothe themselves in a foreign land.

To be clear, Tangerine 2.0’s (largely impotent) black Magic Marker scribbles would claim that these folks must each individually bring a complicated case in the federal courts of downtown San Francisco if they want to have ANY rights, in the US. That won’t do.

That is certainly not what the fine Lazarus prose — on the base of Lady Liberty contemplates… and it is not the way we’ve understood human rights since at least the victories won, in the 1960s civil rights movement. Here’s the latest reopening this case — we will call it East Bay IV:

…The United States Court of Appeals for the Ninth Circuit has remanded this case for further proceedings and directed the Court to consider (1) organizational standing in light of Food and Drug Administration v. Alliance for Hippocratic Medicine, 602 U.S. 367 (2024), and (2) the impact of Executive Order 14165 § 7(a)–(b). ECF No. 205 at 7–8. The parties shall meet and confer and, no later than April 28, 2025, file a joint statement containing a joint proposal or competing proposals, including scheduling, regarding how this case should proceed on remand.

The Clerk is directed to re-open this case.

IT IS SO ORDERED.

Dated: April 14, 2025….

As a wise and seasoned federal judge (who had greatly protected an entire class of asylum seekers in Tangerine 1.0’s time in office — 2017-20), I trust Judge Tigar will come to a just resolution here — as he well-knows all humans present in our land, howsoever they may have arrived, are entitled to an effective means of asserting their collective rights / receiving due process — but what, and how much. . . “process” is actually… and practically…”due“?

I trust him to sort all that out, equitably.

नमस्ते

“Bob Jones Univ. — Really?!” Someone Clearly Threatened Hinderaker Last Night (Cough! MAGA?)

What a difference a day makes, eh?

Last night, John said that Trump was wrong to threaten Harvard. Perhaps the ham-handed tangerine moron was acting… unlawfully, he gently hinted, at least. [Mr. Obama is certain it is unlawful.]

Here not 24 hours later, though — Hinderaker is equating Harvard with… Bob Jones… i.e., Race discriminating faux bible thumpers.

John fails to talk about Bob Jones’ lunacy in the same way many of us see Tangerine’s cult of personality. Weird. And that the lunacy was the basis for the revocation of the tax exemption. In this case, Harvard is very much in the mainstream of all US thought, on how to handle admissions, curricula and promotions. No analogy, man.

But — confidential note to Hinderaker, here: if cutting off funding is unlawful, then certainly trying to revoke a federal tax exemption is — if, as Mr. Trump has made crystal clear — the CoC is doing it because he dislikes what Harvard chooses to teach, and research — and in fact… teaches.

Damn, John — did they threaten your lil’ think tank’s finances — if you didn’t immediately “get your mind… right!“?!

Seriously — if that is the way these Neanderthals control your messaging… my condolences. But do grow a spine, man.

You know this is an anathema to the way American freedoms of expression work.

Say so.

Kenya Is Eagerly Awaiting More GAVI-Supplied Mpox Vaccine Stock: This Is The Reality On The Ground Along All Major Truck Routes…

As ever, it is two steps ahead — one, back. The logistical challenges, as well as the education / public awareness ones… are formidable.

But there is good news — it seems the public awareness campaign is — in the main — being well-received, and impacting behaviors, in the targeted audiences. Here’s that, overnight — from Kenya, this time:

…According to Dr Pius Mutuku, a biomedical epidemiologist with Kenya’s Ministry of Health, the 13 affected counties are – not coincidentally – placed along an international trunk road used to ferry cargo from Kenya’s Mombasa port to Rwanda, Uganda, Burundi, Central African Republic, Congo-Brazzaville, as well as to the Democratic Republic of the Congo (DRC), where mpox is endemic. Truck drivers plying the route are at heightened risk of exposure to mpox, due to interactions at nodes of interchange, such as with porters unloading cargo, or with commercial sex workers….

And in Kenya’s Bungoma County, a man living with HIV recently succumbed to mpox, after missing doses of his antiretroviral therapy (ART) medicines. In Kenya, 18% of confirmed mpox cases are people living with HIV.

“When mpox infects someone with untreated HIV, the risk of severe disease skyrockets. But our data show that patients who adhere to ART, typically avoid the worst outcomes. This underscores the life-saving power of sustained HIV treatment among mpox patients,” Dr Mutuku explained….

Now you know — onward.

नमस्ते

Erh… “There Are No Further Updates” — Your Naked Assertion Doesn’t End Any USDC Court Ordered Obligation, There Son…

Look — the government has the right (though meritless) to appeal the able USDC Judge Xinis’ orders (of April 10) to the Fourth Circuit. That it did, today. [Those will fail — bank on it.]

But it also filed a non-responsive sworn update, to her prior order — an order that is in full force and effect — requiring daily sworn updates. The update is that the government has done essentially nothing — and is doing nothing, to comply with the Supremes’ admonition that it facilitate the return of Mr. Abrego Garcia. [The guy signing this insolent sworn statement is Joe Mazzara, one of the guys that counsel for Mr. Garcia will depose under oath next week, BTW. That will be a… smoker!]

Here’s that utterly insolent one-pager of nonsense — from the DHS/ICE political appointee (and the closing sentences of it, below):

. . .Given the [prior non-updates]… within the contours of existing law and regulation, there are no further updates….

She IS “the existing law” — as affirmed by the Supremes — what are they actively doing to get him home? That’s the existing law — plain as day.

The Boasberg hammer is going to soon appear in USDC Judge Xinis’ courtroom as well, I will predict. The Fourth will bounce this stupid appeal — again. As will the Supremes. Onward.

नमस्ते

[U] Well — THAT Will Leave A Mark! USDC Judge Boasberg — Now Wood-Shedding Noem, Rubio, And Even Tangerine 2.0. Yep.

Updated @ 10 PM EDT — The Tangerine Forces / Noem-ites have appealed today’s orders. So be it. End update.

There is a bit to go yet, but it is clear that someone, pretty high up in DHS or ICE… is going to be in contempt, and maybe jailed for a bit.

Without additional ado — here’s that muscular 46 page order — just entered in DC by the very capable Judge Boasberg:

…On the evening of Saturday, March 15, 2025, this Court issued a written Temporary Restraining Order barring the Government from transferring certain individuals into foreign custody pursuant to the Alien Enemies Act. At the time the Order issued, those individuals were on planes being flown overseas, having been spirited out of the United States by the Government before they could vindicate their due-process rights by contesting their removability in a federal court, as the law requires. Trump v. J.G.G., 2025 WL 1024097, at *2 (U.S. Apr. 7, 2025) (per curiam).

Rather than comply with the Court’s Order, the Government continued the hurried removal operation. Early on Sunday morning — hours after the Order issued — it transferred two planeloads of passengers protected by the TRO into a Salvadoran mega-prison….

The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it. To permit such officials to freely “annul the judgments of the courts of the United States” would not just “destroy the rights acquired under those judgments”; it would make “a solemn mockery” of “the constitution itself.” United States v. Peters, 9 U.S. (5 Cranch) 115, 136 (1809) (Marshall, C.J.)….

One Venezuelan woman [originally on the flights] swears in a declaration that she was on one of the flights that landed in El Salvador but was flown back to the United States along with seven other women, apparently because Salvadoran authorities on the ground refused to accept any female prisoners. See ECF No. 55-1 (S.Z.F.R. Decl.), ¶¶ 1, 19–21; see also Didi Martinez, Julia Ainsley & Laura Strickler, “We Were Lied To:” Two Women the Trump Administration Tried to Send to El Salvador Prison Speak Out, NBC News (Apr. 2, 2024), https://perma.cc/F5Y6-XCG8. Her account is corroborated by a declaration from a Nicaraguan man, who avows that he was also on board one of the removal flights but was returned alongside the women because Salvadoran officials would not take custody of Central American nationals such as himself. See ECF No. 55-2 (Katiana Gonzalez Decl.), ¶¶ 1, 7–9….

Defendants’ extravagant assertion of Article II power, moreover, runs headlong into the fact that courts regularly adjudicate — and sometimes, through their equitable powers, restrain — Executive Branch conduct abroad. Indeed, this occurs even when national-security concerns are at their apex and Article II powers robust. See, e.g., Hamdan v. Rumsfeld, 548 U.S. 557 (2006) (holding Executive’s military commissions on Guantanamo Bay cannot proceed given their unlawful structure and procedures); Boumediene v. Bush, 553 U.S. 723 (2008) (concluding that U.S. courts retain authority to constrain Executive action in Guantanamo Bay through writ of habeas corpus). In Doe v. Mattis, for instance, the U.S military held a dual U.S./Saudi citizen in Iraq, believing him to be a member of the Islamic State. See 928 F.3d at 3.

The district court enjoined the U.S. military from transferring him into another country’s custody without 72 hours’ notice. Id. at 3–4. After the military then provided such notice, the court enjoined the ensuing transfer on the ground that the military lacked legal authority. Id. at 4. The D.C. Circuit upheld both orders, agreeing that the military had failed to satisfy the legal preconditions for such a transfer. Id. at 4–5. That courts can enjoin U.S. officials’ overseas conduct simply reflects the fact that an injunction operates in personam, meaning that it “is directed at someone, and governs that party’s conduct.” Nken v. Holder, 556 U.S. 418, 428 (2009)….

It concludes, thus: “…For the foregoing reasons, the Court will find probable cause that Defendants’ actions constitute contempt. It will provide them an opportunity to purge such contempt. If they opt not to do so, the Court will proceed to identify the contemnor(s) and refer the matter for prosecution. A separate Order so stating will issue this day….”

नमस्ते

Wonky Bits — On Tangerine’s Impotent Attempt To End Humphrey’s Executor…

We mostly place this here, as a “mile marker” — should the Supremes one day decide to revisit Humphrey’s Executor. I believe these present cases will do no such thing, but some very well-respected law professors have laid out how this is yet another ham-handed, and lawless attempt by Tangerine to make himself a king — beyond contestation by any one, or any other court(s).

We will not let that ever happen — but here is what flows logically, from efforts to kill that long stand precedent, at the Supremes (this is an Alito / Thomas PIPE dream, BTW).

Here you go — without any additional… ado:

…The Government has asserted here and in other recent litigation that, even if Humphrey’s Executor is not overruled, the “exception” that Humphrey’s Executor created to the rule of unrestricted presidential removal power “does not apply to multimember agencies that exercise substantial executive power, for instance by promulgating binding rules or issuing final decisions in administrative adjudications….”

That reading of Humphrey’s Executor would eliminate Fed independence. The Fed is a “multimember agenc[y]” that promulgates “binding rules.” See 12 C.F.R. §§ 200–299. And the same officials oversee both short-term interest-rate policy and banking and financial-stability policy. If the latter are subject to executive control, then as a practical matter the former will be as well….

Overruling Humphrey’s Executor would even more clearly undermine the Fed’s independence. There are foundational structural similarities between the Fed — a multimember commission designed by Congress on the model of the Interstate Commerce Commission—and the Federal Trade Commission, the multimember commission that was created the following year (on the same model) and that was the subject of Humphrey’s Executor.

Courts likewise jeopardize the Fed’s policy credibility by characterizing it as “a special arrangement sanctioned by history,” as Justice Alito proposed in a dissent last term. For three reasons, market participants may not believe that a historically based “Fed exception” will hold.

First, a carve-out based on the Fed’s supposedly distinctive history would rest on dubious historiography. Recent scholarship has shown that the first Congress, many of whose members helped draft the Constitution, saw no constitutional impediment to empowering commissions, at least some of whose members could not be terminated at will by the President. For example, the first Congress created a Sinking Fund Commission to repay the national debt through open-market purchases of U.S. securities. Its members included Alexander Hamilton, Thomas Jefferson, John Jay, and Edmund Randolph; and the President had no power to replace or remove several of them. Likewise, Hamilton’s plan for the first National Bank provided for “removal of a Director by the Stockholders”—but not by the President. There is no evidence that these arrangements were treated at the time as special cases, as opposed to ordinary exercises of legislative power.

Second, market participants would have reason to doubt the longevity of a Fed carveout if the judiciary continues along its path of continually scaling back agency independence. Absent a logical basis in doctrine, observers may wonder how long the “Fed exception” will last (after all, in this hypothetical world, the “Humphrey’s Executor exception” has not survived) Third, as the only remaining independent agency, the Fed will be far more vulnerable to presidential interference. For example, the President might challenge the Fed carveout (a course of action consistent with what the President is now doing for the NLRB and MSPB); and observers could conclude that such a challenge may succeed on grounds that future courts will articulate.

Even if observers expect such a challenge to fail, significant damage may be inflicted by the very process of litigating over the authority of Fed officials whom the President has attempted to remove or demote. The mere possibility of policy uncertainty while such litigation remains pending may be enough to immediately damage the ability of the United States to sustain price stability over time, resulting in near-term and potentially irreversible harm to economic growth and vitality….

Musk, Rubio and Trump feel the need to destroy everything they… cannot understand, or control.

Their first inclination is “let’s break it — and then wait to see if anything bad happens….”

That is a very, very poor rubric — for governing.

This above will not come to pass — bank on that. Roberts will corral Thomas and Alito.

O U T.

A Glance At Q1 2025 Expectations, For Merck — Looking Very Solid, Even In The Middle Of Tangerine 2.0’s Tariff Insanity…

We will tune in on the morning of the 24th, to see — but I think you may safely assume Merck will outperform its mega-cap peers. We will be most interested in the progress — in unwinding the supply glut of Gardasil, in China — and Mr. Davis’s view on whether the US governmental payor price-negotiations measure, from Mr. Biden’s time in office… will continue and/or expand, under Trump.

While the below looks to be a bot-generated media piece, the figures are all that matter — and they are… accurate, to my experienced eye:

…Valued at $200 billion by market cap, the company delivers… prescription medicines, vaccines, biologic therapies, animal health, and consumer care products, which it markets directly and through its joint ventures. The pharmaceutical giant is expected to announce its fiscal first-quarter earnings for 2025 before the market opens on Thursday, Apr. 24.

Ahead of the Q1 earnings release, analysts expect Merck to report a profit of $2.16 per share on a diluted basis, up 4.4% from $2.07 per share in the year-ago quarter. The company has consistently surpassed Wall Street’s estimates, in its last four quarterly reports. . . .

Analysts’ consensus opinion on Merck is reasonably bullish, with a “Moderate Buy” rating overall. Out of 23 analysts covering the stock, 15 advise a “Strong Buy” rating, and eight give a “Hold.” Merck’s average analyst price target is $110.19, indicating an ambitious potential upside of 39.2% from the current levels….

Now you know. Onward, resolutely.

नमस्ते