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[U: Stupid Hinderaker] This Supremes’ Temp Order Means FAR LESS Than Some Pundits Think: Venezuelans’ Must Still Receive INDIVIDUALIZED Due Process Hearings…

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Updated: 05.20.25 @ 3 pm Central: Hinderaker understands none of the context here. No surprise. Yawn.

End update.

Most of all, whether one is from Venezuela, or anywhere else — if one is present on US soil, the purported asylee must receive a timely and meaningful individual due process hearing, before a judge — before they may be removed. That is what the Supremes held in the JGG, and AARP cases, just days ago.

Second, it is temporary — only while the trial court works on trying the case, may Noem, et al. make preparations for removing asylees. They cannot be removed, and each may challenge Noem’s order as beyond her remit — given Mr. Biden’s prior creation of a quasi-property right, for these same Venezuelans, extending their non-removability, under his executive order, before leaving office (to 2026).

So — rightly understood, in context — this is simply a “go ahead and draw up your goofy papers” order — in the end, no one can be removed without due process (unless there is very competent proof of violent terror activities). Here’s today’s “sturm and drang” order, as a PDF — and in full-text, below:

…24A1059 NOEM, SEC., DHS, ET AL. V. NAT. TPS ALLIANCE, ET AL.

The application for stay presented to Justice Kagan and by her referred to the Court is granted. The March 31, 2025 order entered by the United States District Court for the Northern District of California, case No. 3:25-cv-1766, is stayed pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.

This order is without prejudice to any challenge to Secretary Noem’s February 3, 2025 vacatur notice insofar as it purports to invalidate EADs, Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026 expiration dates. See 8 U. S. C. §1254a(d)(3).

Justice Jackson would deny the application….

~ [And, from the USDC March 31 (Judge Chen’s) order:] ~

…[Noem, and] the government offer no evidence to counter Plaintiffs’ showing of irreparable injury. The government conceded at the hearing that it had no counter-evidence and no basis to doubt the bona fides of the factual declarations filed herein. Its main assertion at the hearing was that most of these facts are not relevant, an assertion the Court rejects. They are indeed relevant to the issue of irreparable injury, the public interest, and the balance of hardships….

By the way, Justice Jackson is right: this is so unlikely to be a lawful removal attempt, that nothing should be done until the SF trial court gets to — and decides — the merits. But it is not the right to start loading planes with purported Venezuelans, any time soon. Not at all. Onward, grinning.

नमस्ते

Paul Mirengoff… Ever So Gingerly… Opines That Trump’s Drug Prices Black Sharpie Scribble… Is Hasty, And Ill-Considered; Thus Likely Impotent.

~ condor ~ 2 Comments

Mr. Mirengoff is correct this morning, directionally-speaking: drug prices are high in the US. Then he goes on (mostly accurately), to opine as to why that state of affairs persists. The US also enjoys (if one has enough cash) access to the best health care and most revolutionary drugs on the planet — due to vast R&D spending by pharmacos.

[It costs a little over $2 billion now, per drug candidate on average, to seek market approval.]

Then in a “faint praise — stronger skeptic” mode — he gets the nut of it all right, also: Trump’s Sharpie scribbles will likely be useless, because they do nothing to address root causes of high prices (and that is even assuming away the problem that Trump lacks authority to set prices, at all).

Specifically, in the end — he makes an accurate observation about Trump’s NIH idiocy.

So I repeat his here — though far-too-gently stated — Paul is correct in his conclusions:

…[I]t seems clear that if Trump’s Executive Order has its intended effect, the pharmaceutical industry might very well face a double whammy. It will likely lose much of the money it now spends to fund research and its ability to benefit from government-funded research in the U.S. will be sharply reduced.

I’m not arguing against trying to lower the prices Americans pay for prescription drugs. Trump is right to try to bring these prices down. However, he and his team should think carefully — more carefully than I believe they have — about the consequences of slashing funding for NIH and for biomedical research at university labs….

So… this is some progress, at least — from Paul’s keyboard.

The Threat Of Mpox Clade 1b Continues To Grow, Globally — As The US Government Remains Largely On The Sidelines Per Trump / Musk Lawlessness…

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We noted the first Mpox Clade 1b case in India in late September of 2024. That number, as of the end of March has risen to… eleven, or ten fold. All had very recent travel history in or near the African continent.

But this overnight news item is a stern reminder that well outside Africa, now — Mpox is a growing threat. Here’s that:

…India has retrospectively reported ten cases of mpox due to clade Ib mpox virus detected between December 2024 and March 2025.

According to the WHO’s Multi-country outbreak of mpox, External situation report #52, as of May 14, 2025, all clade 1b cases reported in India had a recent history of travel to countries in the Gulf or contact with travellers from those countries.

Outside Africa, 16 countries have reported travel-related cases of mpox due to clade Ib: the United Kingdom of Great Britain and Northern Ireland (12 cases), Germany (10 cases), China (seven cases), Belgium (five cases), Qatar (five cases), Thailand (five cases), the United States of America (four cases)….

And now, as the top right updated graphic suggests, some close friends / family [born in and from Guatemala] celebrated the first in their family line to graduate from a four year college (@ Penn State / Pharmacology!) yesterday… this is what America looks like: our diversity is our strength — a very proud moment, indeed. [Yes, she is a “birthright” citizen. That is to say, Trump is wrong — about America.]

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[U] “Unable To Follow The Plot” Edition: Paul Mirengoff AND Scott Johnson!

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Again, to avoid having to admit that almost the entirety of his middle east trip involved soliciting and receiving lawless bribes / skeezy gifts… Paul returns to mocking an elderly former statesman… for (horror of horrors!)… aging in office.

Updated @ 5 pm EDT: Scott Johnson, too. Sheesh. End update.

Yet in addition to felonies, we are daily treated to Trump calling the head of Apple “Tim Apple” (his name is Cook); to his inability to find Alabama on a map that was labeled with the states, and just a few weeks ago… his inability / unwillingness to read calligraphy on an invitation from Buckingham Palace.

[It is a near certainty that Tangerine 2.0 cannot decode sentences without the aid of pictograms to help him infer context.] He cannot read at even a third grade level.

But Paul, Scott and the boys yammer on and on, about a guy who is long gone from office.

Once Reagan checked out, for his regular afternoon naps — post office — we never mentioned it again.

But not these cruel dishonest loons. We all knew Nancy was the de facto Prez., for most of the end of his second term. So what? That time is long past.

Let it go, Paulie… and Scottie.

Q.: What Would A COMPETENT, Ethical 1600 Penn. Do, If Ordered By The Supremes To Bring Home A Maryland Man It Sent To A Contract Jail (In El Salvador) In Error?

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Mr. Obama, Mr. Clinton and/or Mr. Biden would have called the contractor immediately, and said “look — we have been ORDERED by our Supreme Court, to get the man back on US soil, for hearings into his removability. We made a mistake. Under that $6 million a year contract — you know the one, at CECOT, right? — we have with you (for holding detainees offshore), we have an error correction mechanism. We here invoke that clause. Our US agents will be on site tomorrow morning to collect him. Have him ready to go, and fed breakfast by 6 am….”

Or something largely along those lines. But Tangerine 2.0? Rubio? Noem?! They preposterously claimed, in sworn filings in federal court in Maryland that this risks some goofy (global?!) détente breach. As though El Salvador was Red China or North Korea, in this Kabuki theater episode. The endless repeating of sensitive diplomatic negotiations. . . is beneath the dignity, of any savvy elected official or business person, even. It is a contract. Move forward; if El Salvador balks — and they won’t — simply terminate the $6 million a year payouts. Here is just a bit of Rubio’s duplicity, for the record:

…I am aware that, in a further Order dated April 22, 2025, this Court determined that “information regarding Abrego Garcia’s removal, as well as his placement and confinement in CECOT”, as well as the identities and roles of any individual who has been involved in such actions is relevant and probative in this matter. ECF 100 at 4-5….

I have concluded that the disclosure of certain information that has been requested by Plaintiffs, including through interrogatories, document production requests, and through questions asked and expected to be asked during deposition testimony, could reasonably be expected to cause significant harm to the foreign relations interests of the United States and relatedly, the national security interests of the United States.

When the United States seeks to remove individuals to a foreign country, the United States must negotiate the logistical details of that removal with the foreign country. This requires nonpublic, sensitive, and high stakes negotiation with the foreign State. Those negotiations cover sensitive issues, such as the nature of the working relationship between the United States and the destination country’s government and migration policies that may impact regional neighbors; sensitive factual details or foreign policy priorities revealed in the course of highly sensitive negotiations; and the content of those negotiations, such as the categories of individuals a country may be willing to consider accepting or information necessary to facilitate removals and subsequent entry into the receiving country, which can impact the foreign State’s willingness to accept the removed aliens and the procedures it will employ in doing so. Compelled disclosure of any sensitive communications or discussions with the Government of El Salvador regarding Abrego Garcia’s removal and confinement in CECOT and Centro Industrial threatens significant harn to the United States’ foreign affairs and national security interests.

The same is true for information regarding the details of and discussions with the Salvadoran government regarding specific steps the United States has or has not taken, or will take or elects not to take, to facilitate Mr. Abrego Garcia’s release from custody and/or return to the U.S….

What a load of useless crap. Simply invoke your contractual rights, with the contract prison. End of story. But for these jamokes, the cruelty — and foot-dragging — is being used as an official terror policy. Each of you dissidents, in the US — know that Trump wants you to think you could be the next one dropped into a meat-grinder in a foreign land, and left for dead.

Do NOT fall for these stupid lies. USDC Judge Xinis has not been fooled; the DC Circuit and Ninth Circuit have not been fooled — and once again, last night… the US Supreme Court was not fooled. Obey the rule of law, you incompetent, malignant clowns. Out.

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Hinderaker’s Week In Pictures — Corrected, For Accuracy…

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Here on a cool Spring Saturday morning, I’ll take a moment to point out how wastefully ridiculous Pammy Bondi and Kash Patel (doubtless, at Trump’s behest!) have become.

The meaning of “86” — in US History since at least the end of the First World War… was “to take out of commission“. To retire. To “send to the shop, for repairs“. This, from my own grandfather (now long dead) who served in France in the Great War. [He would sometimes refer to his often dodgy deep blue ’51 Buick… as “86-ed” whenever it was over at Bart’s Conoco, for repairs — on Harrison Avenue. The term had stuck with him, ever since he left Paris, France in 1918.]

But these time wasting govt. salary drawing losers (on our dime) want to say Jim Comey threatened 47’s life, by leaving a picture of seashells on a beach somewhere.

“86 47” is at most perhaps in poor taste — but it is absolutely protected political speech. It was not accompanied by any substantial act of lawlessness. It did not urge anyone else to act. But this is where are tax dollars are now going: mindless bad faith retribution against Tangerine’s perceived enemies from the last two decades. Damn.

Anyhoo — I made Hinderaker’s photo over, to correct for his lack of perspective: Trump intends to personally accept a ~$450 million “gift” — a skeezy bribe — from Qatar.

That’s a felony, son. Should he go through with it, he needs to be jailed — as he leaves office.

Onward… and out.

Abrego Garcia Case: Rubio Materials Unsealed By USDC Judge Xinis.

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Of course the people here have a clear right to see what Rubio / Noem / Miller / Trump are doing in their names… especially when it is as brazenly unlawful as this is/was.

Here is the text of Judge Xinis’ fine order. Next, I’ll read the unsealed Rubio stuff, and post on it — in the morning:

…ORDER directing that the Clerk unseal the Declaration of Secretary of State Marco Rubio; directing that the Government supplement the Declaration of Secretary of State Marco Rubio and provide to Plaintiffs an updated privilege log by 5/23/2025; granting [116] & [117] Plaintiffs’ request for leave to take 3 additional depositions; Defendants must complete supplemental production of discovery on a rolling basis, but by no later than 5/30/2025. Signed by Judge Paula Xinis on 5/16/2025….

Now you know. And, at practically every turn (on a cumulative record of something like 108 to 3), Trump (a losing loser!) has been rebuffed and/or rebuked — for trying to trample on the laws of our nation, our treaty commitments, or the Constitution itself.

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In Paul’s And John’s Opinion, A Story Of A Man Aging In Office (But Long Gone)… “Trumps” Today’s Felonies Committed — By 47?!?

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Paul is a loon, here.

John is a loon — as well.

They’ll do just about anything to avoid talking about the current felony of taking a $500 million bribe.

Including belaboring the entirely unsurprising notion that a man who is elderly when he enters office is… more elderly when he leaves office — four years later.

Do take a seat, boys — until you’re ready to stop this crime spree still in progress, straight outta’ 1600 Penn., I don’t want to hear it.

Updated: include Scott Johnson among the loons, here.

Damn.

Trump Loses On AEA Removals, At The Supremes (7-2). Fifth Circuit, Tossed. Woot!

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Well — sanity is making a comeback. Only the predictable miscreant duo — of Alito and Thomas — dissent from the per curium ruling (and Kavanaugh writes a concurrence, but agrees with the spanking of the reactionary Fifth Circuit).

Without further ado — this is a sharp rebuke of Tangerine’s unconstitutional, cruel and lawless demonization of people who were born in Venezuela (for no reason other than that they happened to be born there). Do read it all:

…We now construe the application as a petition for writ of certiorari from the decision of the Fifth Circuit. See Reply 15. We grant the petition as well as the application for injunction pending further proceedings, vacate the judgment of the Fifth Circuit, and remand for further proceedings….

“[T]he Fifth Amendment entitles aliens to due process of law in the context of removal proceedings.” Trump v. J. G. G., 604 U. S. ___, ___ (2025) (per curiam) (slip op., at 3) (internal quotation marks omitted). “Procedural due process rules are meant to protect” against “the mistaken or unjustified deprivation of life, liberty, or property.” Carey v. Piphus, 435 U. S. 247, 259 (1978). We have long held that “no person shall be” removed from the United States “without opportunity, at some time, to be heard.” The Japanese Immigrant Case, 189 U. S. 86, 101 (1903)….

[I]n J. G. G., this Court explained — with all nine Justices agreeing — that “AEA detainees must receive notice . . . that they are subject to removal under the Act…. within a reasonable time and in such a manner as will allow them to actually seek habeas relief ” before removal. 604 U. S., at ____ (slip op., at 3). In order to “actually seek habeas relief,” a detainee must have sufficient time and information to reasonably be able to contact counsel, file a petition, and pursue appropriate relief.

The Government does not contest before this Court the applicants’ description of the notice afforded to AEA detainees in the Northern District of Texas, nor the assertion that the Government was poised to carry out removals imminently. The Government has represented elsewhere that it is unable to provide for the return of an individual deported in error to a prison in El Salvador, see Abrego Garcia v. Noem, No. 25−cv−951 (D Md.), ECF Docs. 74, 77, where it is alleged that detainees face indefinite detention, see Application for Injunction 11. The detainees’ interests at stake are accordingly particularly weighty. Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster. But it is not optimal for this Court, far removed from the circumstances on the ground, to determine in the first instance the precise process necessary to satisfy the Constitution in this case. We remand the case to the Fifth Circuit for that purpose….

Onward. Excellent!

नमस्ते

The Whole Malignant Clown Show Now Begins To Unravel — As Ever, Over… Money. Speaker Johnson’s Time, Limited?!

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As we await USDC Judge Paula Xinis’ ruling on unsealing the government papers related to Mr. Abrego Garcia’s detention in El Salvador… we grin — ear to ear — seeing that as we predicted, the coalition of banality… (Tangerine 2.0) is already breaking, under its own weight (of evil hubris).

This afternoon, Trump’s own GOP handed him a stinging embarrassment, by refusing to vote the big budget/tax bill out of committee. Couldn’t happen to a nicer jamoke. Here’s the story:

…Speaker Mike Johnson and his leadership team will now spend the weekend trying to win over those Republicans before attempting to take that vote again, potentially as soon as Monday. But it will be a tough task to flip the right-wing Republicans, who are demanding more spending cuts from Medicaid and from federal clean energy programs, especially as Johnson must also be careful not to alienate moderates whose votes he also needs with any changes to the bill.

A core of right-wing Republicans had warned Johnson and his leadership team, both privately and publicly, that they planned to oppose the vote in the House budget panel meeting on Friday. But GOP leaders took the gamble, and went ahead with the vote anyway….

It is not at all clear that weekend vote / whip efforts will solve this. It is a fundamental disagreement about what to cut — and by how much. The MAGA wing doesn’t care that it will harm rural whyte children in red states. The moderate GOP (to the extent than anything remains of it!) doesn’t want to be voted out, on this score — come 2026. Hilarious.

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