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Texas Neophyte Trumpian USDC Judge Tipton Will Be Overruled, On Appeal. AGAIN. Full Stop.

~ condor ~ Leave a comment

Hinderaker is on some truly insipid BS tonight, so we will ignore him.

We have, however, covered this closely, and the Supremes have held that the states lack standing here, to bring complaints against changes in immigration policy, from one president to the next, so long as no one’s constitutional rights are being violated. And law enforcement has no constitutional right to force compliance with every law, no matter how trivial. That is not an individual right, of any one law officer.

Immigration is the sole province of the federal Executive Branch. Tipton (as we’ve long said) should never have heard the case, as he knows he lacks jurisdiction — since his Louisiana and Texas state plaintiffs here… lack standing to sue.

I won’t quote any of his 96 pages of… dreck (but it is here, in full). I will quote the Biden Administration’s opposition, which cites a Sixth Circuit decision — which came out the opposite way from young Tipton’s nonsense. The below will be the center of the Fifth Circuit’s (or Supremes’) reasoning, thus:

…Our main concern with the injunction is that we believe these IIRIRA provisions do not eliminate immigration officials’ “broad discretion” to decide who should face enforcement action in the first place. Arizona, 567 U.S. at 396. They address a separate question: the custodial status of individuals who are facing removal proceedings or who have been removed. See 8 U.S.C. § 1226(a),(c); § 1231(a)(2). To the extent the injunction prevents the Attorney General from relying on the memos to release those who are facing enforcement actions and fall within the mandatory detention provisions — for example, prisoners with qualifying convictions against whom ICE has lodged a detainer (8 U.S.C. § 1226(c)(1)) or individuals subject to removal orders (id. § 1231(a)(2)) — we see no basis for upsetting it at this stage as that is what the statutes govern.

The district court’s injunction, however, is not limited to detention decisions of aliens the United States has decided to remove. It is much broader. It enjoins reliance on memos that guide decisions on, among other things, “whether to issue a detainer,” “whether to issue, reissue, serve, file, or cancel a Notice to Appear,” and “whether to stop, question, or arrest a noncitizen.” ICE Memo at 3.

We see the United States likely succeeding on this core foci of the interim enforcement priorities—immigration officials’ ability to prioritize who is subject to investigative and enforcement action in the first place. See Reno, 525 U.S. at 483 (recognizing that law enforcement discretion extends to “initiation or prosecution of various stages in the deportation process,” including the “discretion to abandon the endeavor”)….

It is quite telling that neither [Texas or Louisiana] nor the district court have cited a single Supreme Court case requiring law enforcement (state nor federal, criminal nor immigration) to bring charges against an individual or group of individuals….

What is more, in the quarter century that IIRIRA has been on the books, no court at any level previously has held that sections 1226(c)(1) or 1231(a)(2) eliminate immigration officials’ discretion to decide who to arrest or remove. . . . The injunction is STAYED pending appeal in all other respects including the reporting requirements….

On April 12, 2022, the Sixth Circuit granted the governments’ motion to stay the preliminary injunction pending appeal. Order, Arizona v. Biden, No. 22-3272 (6th Cir. April 12, 2022) (attached). The Sixth Circuit, in an opinion by Chief Judge Sutton, reasoned (1) that the States likely lacked standing, id. at 5-8; (2) that the September Guidance likely is unreviewable under the Administrative Procedure Act because it is not final agency action, id. at 9-12; (3) that, even if it were reviewable, Defendants were likely to prevail on the merits because (a) the September Guidance likely is not “contrary to law,” id. at 12-15; (b) the September Guidance likely is not “arbitrary or capricious,” id. at 15-16; and (c) the September Guidance likely was not required to undergo notice-and-comment procedures, id. at 16. For the Court’s convenience, Defendants are attaching a copy of the Sixth Circuit’s opinion to this filing….

Trust that this will be sorted out, on appeal. Young Drew Tipton is just angry. . . that the end-game for his mentor’s (Tangerine’s) insurrection… is at hand. And neither Tipton or Tangerine will ever be elected to federal office, again. So… he rages into the night, impotently. Charming.

नमस्ते

The ALJ Has Ruled (Unsurprisingly) That Public NLRB Trials… Are To Be Held… In Public. Sit Down, Amazon.

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Not any surprise — but Amazon’s claims that media would bias the proceeding, or that witnesses would sneak on to monitor the Zoom teleconferences, in advance… and supposedly “shape” their testimony… results in a “nope” from the ALJ.

Here is the latest from a Long Island local biz paper, live in the hearings — the order was entered last night, apparently:

…Cornele Overstreet, a regional director with the NLRB field office who will oversee the hearing, denied the company’s request. He wrote in a filing that the company hasn’t “put forward any compelling reason” to depart from long-standing policy of holding public hearings.

“The Board’s hearings are not secret. Accordingly, preventing the public from viewing its important processes is not an option,” Overstreet wrote.

Amazon has pointed to “unprecedented national media coverage” as one of the reasons access to the hearing should be limited, arguing it makes it difficult to sequester witnesses.

But the fact that the union election “has garnered national and international attention from outside parties only further solidifies the importance of allowing public observation,” Overstreet wrote….

Now you know — and travel safely one and all; avoid the southern storms… I’m out, into a sunny afternoon, here; pax tecum.

नमस्ते

Hinderaker: Still Deflecting, From Tangerine’s Serial Felonies…

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There will be an awakening.

It will come when John finds out that the GOP didn’t gain many seats in Congress at the mid-terms; and the real GOP makes it clear that it wants nothing to do with the traitor called Tangerine, for 2024.

It is coming.

But until then, Hinderaker will bury his head in the sand, claiming all sorts of false breakthroughs and “scandals” — none of which actually… exist, as to various Democratic candidates and ideas. [It is already clear that Texas GOP controlled oil interests are driving prices up, solely to (they hope) tip the mid-terms against Democratic candidates. Silly. We can prove it. 20 million households (maybe 50 million people!) watched last night. More than all of Tangerine’s rallies — put together.]

And so… I will watch… and laugh.

He’s an impotent old fool.

Malignant too — but since he’s lost his edge… he’s no longer even remotely dangerous… or relevant.

Cheers, buddy.

Trump Says The 1.6.21 Riot And Insurrection Was Not Caused By Him — But By “A Stolen” Election. Enjoy… Jail, Pal.

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I won’t belabor it, at any length. But 20 million households (maybe 50 million people!) watched last night. More than all his rallies — put together.

At top right is his post this morning, after the first day of the hearings. He didn’t engage in refuting Liz Cheney, or his daughter… because… he cannot.

They were laying out the truth of it all. He knew — he directed it. It was his greatest grift.

Also belatedly telling truths under oath were Bill Barr, and Jared Kushner.

[Rats… always turn on one another.]

But in my eyes, Liz Cheney still stands for the rule of law.

She’s made a fair bit of progress… toward… redemption.

And the idea that Tangerine was STILL just three months ago… berating Wisconsin officials for facts that happened two and a half years ago… is all we need know. He thinks he’s a… king. He’s not.

He’s a jail bird now; just a question of whether NY state- or federal-taxes, lending fraud, charity fraud, stealing classified documents, or state gifts stealing… or insurrection… gets him in orange — first. But he did. it. all.

Out.

In A 1960s-Style Move, Amazon Now Seeks To Delay Trial/ALJ Hearings, By Moving To Lump Disparate Violations… Into One Big Proceeding…

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I think it highly likely the able ALJ will not fall for it.

The JFK-8 matters are distinct from the Alabama ones, and so on (not much efficiency gained, from waiting to lump them all — into one). And meanwhile, the actual line workers’ rights hang in limbo — unrecognized by Amazon, despite winning an election, about 2-to-1. The main Amazon goal here, is to… stall. It won’t work, but here is the NLRB General Counsel’s opposition, and a bit:

…Your Honor should not permit Respondent to indefinitely delay these proceedings by granting motions to consolidate cases that are factually distinct and do not involve the re-litigation of any specific [matter].

This will result in an unacceptable delay in remedying any potential violations of the Act….

And, ominously, in footnote four to the GC’s opposition, we read that “The Region is also investigating four (4) additional unfair labor practice charges filed by employees working at other locations in Queens, New York….” Now you know. This is… an Earthquake, followed by a Tsunami…. [And yes, I am running out of superlative-ish metaphors, for this unprecedented moment — in the last 70 or so years.]

नमस्ते

A Long Form Review Of The Amazon Labor Rights Movement — And This Unique Moment…

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The Boston Review has a terrific piece out — if this topic is of any interest to you, do go read it all.

I will note that the NLRB ALJ hearings in NYC this week, as to JFK-8, are still in arguments over whether live in person hearings will be used to examine witnesses, or if Zoom will be allowed. The company says it cannot be sure witnesses are not attending, in advance (to shape their later testimony) — if a Zoom setup is used.

But (the Union replies) that was always true. In fact, during the pandemic, far larger cases were tried and decided by Zoom — and the regular rule is that the lawyer must swear that his/her witnesses have not been using the electronic means to monitor the earlier days of trial, and shape testimony. So I expect Amazon will lose on that motion (but with the delays in electronic docketing, there is no way to know yet).

So, in the mean-time, do go read this (and pick up the referenced book — on Amazon, no less!) — here’s a bit:

…Many visions for new models of collective bargaining have emerged among the different organizing efforts of Amazon workers. Stepping into this moment of hope, this piece will draw on the conceptual framework that Erica Smiley and Sarita Gupta laid out in their recently published book, The Future We Need: Organizing for a Better Democracy in the Twenty-First Century (2022).

Elaborating on the themes of the book, we explore the ways that collective bargaining can evolve to meet the challenges of our new economy….

The historic approach to collective bargaining, established in the National Labor Relations Act, provides workers with necessary mechanisms for exercising power in their workplaces. These mechanisms have been battered over time as corporate forces have worked to roll back labor rights. Analysts have, for decades, proclaimed the death of the labor movement and the outmodedness of this form of collective bargaining. The hard-fought victory of workers in Staten Island, however, reminded critics that collective bargaining remains one of the most important tools working people can wield to improve their living and working conditions.

But these workers’ decision to use this important tool was not driven by the narrow workplace orientation that has shaped much of the contemporary labor movement. The organizers at Staten Island were catalyzed into action alongside the explosive growth of the movement for Black Lives following the murder of George Floyd and pressurized by the COVID-19 pandemic and its disproportionate impacts on people of color. These Black-led organizing efforts addressed the issues of all Amazon workers and challenged Amazon’s racist treatment of Black and Brown workers. They took on Amazon’s intense quota system reminiscent of the “pushing” system developed on plantations and the employment of primarily white police officers as security officers overseeing a predominantly Black workforce in Alabama….

We shall see — but this is an amazing moment in the history of US organized labor. Smile….

नमस्ते

Twitter Offers Expanded Diligence Items To Musk… It Won’t Matter.

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I realize my drum-beat is repetitive here.

Elon is slowly walking away. And Twitter’s board, with a now 20% market correction afoot, would like to see him pay $54.20 for the company.

I expect that won’t happen. But the board is formally giving him the bot data, as Anon. showed us (H/T!) as we speak — just to say. . . we won’t let you escape that easily, Elon. [Recall that the bot data has long been public information (and is now part of a class action) — in fact, Musk referenced the SEC settlement related to it, in a tweet of his own about nine months ago, in September of 2021. Cheeky.]

In any event, here is the latest:

…Now, in an effort to close the deal, Twitter will offer Musk and his team access to its full “firehose” of raw data from the social platform, which includes 500 million-plus tweets posted daily, as early as this week, the Post reported.

When Musk inked the deal in April to buy Twitter, he waived his right to conduct deep due diligence on the company’s operations. Musk is on the hook to pay a $1 billion breakup fee if he walks away from the deal (and could be the target of lawsuits by Twitter shareholder or Twitter itself) unless he can demonstrate that Twitter significantly misled him about factors related to the company’s value. Wall Street has viewed Musk’s saber rattling over the spam/bot percentage as an attempt to drive down the deal price, or to give him a pretext to nix the acquisition….

So it goes. Ultimately the central losers here (as Twitter will be fine, post Musk)… will be the long term, non-Musk affiliated Tesla shareholders — who’ve seen Musk crater their stock price, with these stupid antics.

The guy’s cheese now slides all the way off… his cracker.

नमस्ते

Next-Gen ‘Scope Update: One Of The 18 Golden Hexagonal Mirrors Took A Micro-meteorite Hit Last Month…

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Do see at right — this minor hiccup won’t affect science operations — as she’s still all set for July 4 weekend. . . .

Here’s the latest, from The Verge online mag:

…NASA’s new powerful space observatory [redacted] got pelted by a larger than expected micrometeoroid at the end of May, causing some detectable damage to one of the spacecraft’s 18 primary mirror segments. The impact means that the mission team will have to correct for the distortion created by the strike, but NASA says that the telescope is “still performing at a level that exceeds all mission requirements….”

Just imagine what we may learn, with clarity like this (below).

Sptizer was revolutionary in its day. The first overlaid image, which fades away into the second, is Spitzer looking at the same large Large Magellanic Cloud region… which is then replaced by the clarity of the scope at L2 now.

Science ops are still about three weeks away… but this fine scope deserves a more appropriate name: perhaps Cecilia Payne-Gaposchkin(?)… I’ve offered others in prior posts. C’mon, NASA — get your act together:

Hypatia: The first astronomical female was Urania, the Greek muse of astronomy….

Émilie du Châtelet

Mary Somerville

Caroline Herschel

Henrietta Leavitt

Cecilia Payne-Gaposchkin

Sara Seager

Andrea Ghez, or about 700 others — “the hidden figures“… of astronomy. C’mon.

Out.

नमस्ते

John’s… Projection, And Deflection: Truly… Legendary.

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Of course, no right thinking person, GOP or independent or Decocrat, thinks attempts should be made on the lives of any Supreme Court Justice. So shut up, Hinderaker.

It is fascinating that Hinderaker jumps to point out that the disturbed man, acting alone, was carrying a weapon or two. John always tells us that guns… don’t kill people. Then he preposterously suggests this one disturbed man is more dangerous than the Proud Boys now indicted for seditious conspiracy.

What he really hopes to do, is distract from the fact that these Proud Boys, their normies and yes the then 45th preznit… sought to hang the sitting Veep. 45’s running mate.

That’s some deep… denial there, Johnny.

Out.