This Is — Again, As In 2018-19 — A Time For Choosing: Which Side Of History’s Line Will You Fall On?

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I do not want the Cheetolini’s stupid graphic to be the top of my narrative for even one more instant.

No — I want the readership to reflect on the humility (and majesty) of Dr. King’s narrative, from the Birmingham jail, in 1963 — this Sunday morning. I’ve quoted the most salient parts — in view of last night’s threats against the law-abiding people of the City of Big Shoulders — in my masthead, at bottom. [I believe that is Bull Connor in the photo I’ve altered and used (as commentary), but I’ve layered the image with a CGI lens-flare, as I cannot be certain — and I do not wish to unduly embarrass the likely still-living grandchildren of whomever that Jim Crow South police officer is, in the Getty-sourced photo.]

So today, I also want to re-run the Seventh Circuit analysis that holds Chicago (and many other cities) are absolutely on solid grounds, in enforcing their sanctuary city ordinances (or “Welcoming Ordinance”, as ours in known here — another of my backgrounders, here). So, this was my column from late 2018, reposted:

[Original Dateline: Late 2018] Today’s appelate ruling in the Second Circuit only means that — eventually — the case will have to go to the Supremes… long after Trump is voted out of office.

That is so, because the Illinois federal courts had, in early 2018, enjoined his lawless notion — and the Seventh Circuit has affirmed that nationwide injunction. Nothing in New York changes that. So he remains… hamstrung. Here’s a re-print of my report, on that day, from April of 2018:

Just as we said he would, he lost — at trial. and now on appeal. Chucklehead.

I note the 7th Circuit’s opinion for the very severe language used — language unseen in several decades (since Nixon was in that office, at least). Three able federal appellate judges, both republicans and democrats, have penned a 47 page opinion that characterizes Mr. Trump’s administration as evincing “a disturbing disregard for the separation of powers…” Not a good look, here 45/47:

….In considering on appeal the likelihood of success on the merits, it is necessary to focus narrowly on the dispositive question and to avoid the invitation of the parties to weigh in on broader policy considerations. For instance, the Attorney General repeatedly characterizes the issue as whether localities can be allowed to thwart federal law enforcement.

That is a red herring. First, nothing in this case involves any affirmative interference with federal law enforcement at all, nor is there any interference whatsoever with federal immigration authorities. The only conduct at issue here is the refusal of the local law enforcement to aid in civil immigration enforcement through informing the federal authorities when persons are in their custody and providing access to those persons at the local law enforcement facility. Some localities might choose to cooperate with federal immigration efforts, and others may see such cooperation as impeding the community relationships necessary to identify and solve crimes.

The choice as to how to devote law enforcement resources — including whether or not to use such resources to aid in federal immigration efforts—would traditionally be one left to state and local authorities….

In fact, throughout the briefs in this case, the Attorney General is incredulous that localities receiving federal funds can complain about conditions attached to the distribution of those funds. But that repeated mantra evinces a disturbing disregard for the separation of powers. The power of the purse does not belong to the Executive Branch. It rests in the Legislative Branch….

As the Supreme Court has repeatedly held, “’Congress. . . does not alter the funda- mental details of a regulatory scheme in vague terms or ancillary provisions — it does not, one might say, hide elephants in mouseholes.’” Gonzales, 546 U.S. at 267, quoting Whitman v. American Trucking Assns., Inc., 531 U.S. 457, 468 (2001)….

Indeed. Forty Seven 45 is — as I said he would be, repeatedly — a loser, again. Sleep well, all you of good will, and good cheer… and yes, here in 2025 — I am committing: if Trump rolls into Chicago — I personally will be in the streets, escorting people to the nearest Catholic church. I have a heat map, for every neighborhood, and know the quickest car routes — mostly through alleys — to the churches. My spacious, well appointed (with very highly tinted back seat windows!) hybrid Lexus SUV will come in quite handy (in electric mode, it runs completely silently!), should Trump / Noem be so stupid as to even try it.

And, of course, I will also serve as these passengers’ pro bono lawyer, as well.

Onward, resolutely.

नमस्ते

It Really Won’t Matter — Because We Are Ready For Him… But He Is An Impotent Embittered Old Coot — With A 13 Year Old’s Sense Of Humor — And Zero Decorum…

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This evening, the demented guy who’s supposed to be a leader of the free world posted the crap at right — about ALL Chicagoans. [And the mental midget John Hinderaker wallows in licking Donnie Dotard Trump’s boots — for it. Hinderaker apparently slept through the Chicago Welcoming Ordinance litigation — which Trump soundly LOST — during his first tour.]

Not even just “criminals” — as some headlines now mis-state the issue, on Saturday night, late.

I am loathe to give this more oxygen — but rest assured, you Manchurian Cantaloupe… we are more than ready for your wrinkly old a$$.

We have a Welcoming Ordinance, that allows all of us to give shelter and aid to anyone you target — just as multiple courts ruled is our right, in Tangerine 1.0.

So bring it on, with you — and your impotent wanna-be’s. We are ready. More than ready, actually. Bank on it, you malign dotard. We will peacefully take you to school, you sad, embittered old man — just as we did during Tangerine 1.0.

नमस्ते

Here’s A Taste — Of The Baseless Noem / Miller Claims Made, To Try To “Bootstrap” Summary Deportations — Of Guatemalan Children Without Guardians In The US… Damn.

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As the fast moving case protecting the Guatemalan kids rolls forward in DC, we read a silly Saturday declaration filing — by the Noemites.

The agent purports to say that she (alone?) is tasked with deciding “due process” rights for under age people on US soil.

That is transparently silly.

Article III judges are the ones empowered, exclusively, to make those determinations — about the “best interests of the child” found on US soil. Guatemala doesn’t decide that — and the guardians in that nation do not decide that. If either wishes to assert interests in the due process proceedings, they may travel to the US, and appear in a US District courtroom, to make their claims. Short of that, there is not much else to be said.

In very unusual situations, a diplomatic solution might arise, for (say) the child of a foreign president or king. But even then, the arrangement must be blessed in a federal district court. So, this all is just mostly. . . non responsive:

…ORR is statutorily responsible for the care and placement of unaccompanied alien children. [Ed. Note: “placement” does NOT include deportation decision-making!]

With respect to Guatemala’s request for repatriation of UACs, ORR made individualized determinations based on a review of its records to identify children who met the above criteria. These children do not have a parent or legal guardian in the United States who can sponsor them, meaning they will either need to remain in ORR care and custody in a group care setting, or be released to non-parent sponsors. Further, ORR verified based on its records that each of the identified children do have a parent or legal guardian in their home country of Guatemala and their government is requesting that the children be returned to their parent or legal guardian in Guatemala. ORR’s statutory authorities contemplate reunification with a parent abroad in appropriate cases, and in ORR’s view, given these facts and the other criteria identified above, it is appropriate and in the best interests of these children to reunite these children with their parent or legal guardian in their home country….

[Ed. Note: It is absolutely clear that ORR LACKS that power — to decide removal of unaccompanied minors on US soil, without an Article III judge holding a true due process hearing. Damn.]

Based on the aforementioned criteria, as of August 29, 2025, ORR initially identified a total of 457 Guatemalan UAC in ORR care and custody as potentially appropriate for reunification with a parent or legal guardian as requested by the Government of Guatemala. After individualized case review, 91 children were removed from eligibility for reunification. ORR reviewed the children’s cases for claims of fear of persecution with DHS’s verification, as well as whether there were any pending asylum applications. Moreover, any child with other pending forms of immigration relief or human trafficking indicators were also removed from consideration. DHS also performed its review of the same case files for fidelity with their records. Any child under 10 years of age was further removed from consideration. 327 children were determined to be ultimately eligible in the end. Based on available information and belief, five of the ten named plaintiffs were included among these 327 UACs….

Again — Trump/Noem/Salazar here pretend that they are allowed to serve as the cop, the judge, the jury — and effectively, the executioner — all in one moment. That is precisely what the Founders wrote we would never again accept: no “Star Chambers“.

Every person (young or old) present on our soil has full 14th Amendment rights. Full stop.

नमस्ते

While The Global Concern Is Abating — Mpox Clade 1b Remains Of Significant Concern On The Continent Of… Africa: WHO

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This is good news, to be certain.

And there will still likely occasionally be cases, dotting the globe — from recent travels to or from Africa. But the pandemic concern — internationally, is now abated. Africa — specifically, sub-Saharan Africa still faces a daunting epidemic of Mpox Clade 1b. Here’s the latest, from PBS reporting:

…The World Health Organization no longer considers the mpox outbreak in Africa to be an international health emergency, the U.N. agency’s director said Friday.

The new form of mpox emerged in early 2024 in Congo and neighboring African countries, spread through close contact including sex. WHO declared it a global health emergency in August of last year.

WHO Director-General Tedros Adhanom Ghebreyesus told reporters Friday that an emergency panel created after the outbreak has advised that the situation is no longer an international emergency, and “I have accepted that advice….”

The international emergency declaration, the agency’s highest level of warning about threatening health issues, triggers the release of resources and enhanced public awareness campaigns, among other measures.

“Of course, lifting the emergency declaration does not mean the threat is over, nor that our response will stop,” the WHO chief said….

Now you know. Onward, resolutely — all of the above, after an appeals court ruled yesterday (agreeing with the trial court / USDC Judge Amir Ali) that Trump’s gutting of USAID was unlawful.

This is ANOTHER one that will have to ultimately be decided in the Supremes. Out.

नमस्ते

Trivia: Bill Glahn Is Out Of Date; As Is Faux News.

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Tonight Bill quotes Faux (Entertainment Fictions) as claiming Noem is moving to dump Abrego in South Africa… somewhere.

Bill and Faux both seem unaware that at least four federal court orders in Maryland and Nashville (both from highly esteemed judges) expressly and clearly prohibit ANY move outside the continental US as to Mr. Garcia.

Damn Bill — do try to keep up.

Onward, resolutely.

A Puzzlement: How Is It, That Mirengoff Can See This — But Not See How It Applies To Civil Rights, For Black And Brown People — In The US?!

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Paul decided overnight to explain his understanding of the roots — and causes — of… Antisemitism. It is a long form piece — and his thesis is correct, despite minor side-digressions that are ill-founded.

The thesis is that the nation we call Israel (after 1948)… was itself an attempt to “cure” or blunt Antisemitism — or at least provide people with a relatively-safe haven from its pernicious effects.

He is correct.

But it puzzles me that he cannot see that his same argument would apply to civil rights in the US — and yes, to the innocent civilians of Gaza. The faithful, peaceful, tolerant Palestinians — who simply want a land to call their own. A small portion of the lands they once controlled [for almost 2,000 years] right in that region.

Geez Paul… spare me your blind hypocrisy.

Out.

नमस्ते

You May Recall That The Last DRC Ebola Outbreak Ended With Only Four Deaths (2023); Now 15 Already, In A Month — And 28 Cases, Including 4 Health Care Workers. DAMN.

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This is the barbarous outcome… of Trump’s — and Musk’s — feckless lack of empathy for their fellow humans. They together conspired to effectively end all USAID relief efforts in Africa, earlier this year. Now what might have been a much smaller outbreak of Ebola in DRC, Kasai Province… is claiming scores of victims. Damn them. [My 2023 Mothers’ Day backgrounder on the prior DRC outbreak is here.]

Here is the breaking story — in black and white. These are facts, not Tangerine fantasies. He is killing children, and women and young and old men — with his despicable racism, put into action:

…The presence of the virus had been confirmed in a 34-year-old pregnant woman who was admitted to hospital last month after showing symptoms that included a high fever and repeated vomiting, the ministry added. She died a few hours later from multiple organ failure.

This will be the 16th outbreak of the deadly virus in the vast central African state that has poor health services, and is hit by conflict in the east….

The latest outbreak is in central Kasai province, with 28 suspected cases recorded (and 15 people confirmed dead of Ebola), the ministry said.

Officials have urged strict adherence to preventive measures, including frequent handwashing and social distancing in high-risk areas.

Tests identified the Zaire strain of Ebola, a rare but often deadly disease, officials said….

Four health workers were among the 15 people who had died, it said.

“Case numbers are likely to increase as the transmission is ongoing. Response teams and local teams will work to find the people who may be infected and need to receive care, to ensure everyone is protected as quickly as possible,” WHO added in a statement….

I am simply out of adjectives for this sort of wanton, knowing… depravity — from Trump-World. Dammit.

नमस्ते

If Trump Prevails On His Chaotic Tariffs Gambit @ The Supremes, It Will Mean That John Roberts Now Believes Statutes Do Not Mean What They Say, On Their Faces… Yikes.

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To be clear, though — I think this case will break 6-3, saying the IEEPA does not authorize Trumpian tariffs.

The statute could not be much clearer, on its face — that Congress specifically withheld this sort of chaotic, random taxing / tariff power from the Executive — and kept it where it belongs… that is, in Congress’s hands. I’ll not quote any of the silly filing the Manchurian Cantaloupe made yesterday, as it is poorly reasoned and largely based on preposterous fictions — of undeclared wars and faux) national emergencies.

I will link it for the sake of a complete record.

Onward, to the last full day with my youngest son at home, and then headed back to Oregon, tomorrow after about 15 days (counting the time in Vermont with all of them, as well). Now you know. Grin!

नमस्ते

Harvard Shows Trump… How American Viewpoint / Teaching / Research Actually Works, And How… The Government May Not Suppress Peaceful (Even If Controversial) Thoughts / Expressions.

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Well. That any 21st Century US preznit would need to be told — in a court of law — that he cannot suppress peaceful free speech or thought… is rather astonishing. But this is the (second) time… of the Manchurian Cantaloupe. So it goes.

You likely already saw the headlines, in papers around the East Coast — but here’s the excellently-reasoned 84 page opinion — and the sharpest end of this spear, below:

…[Harvard challenges] the decision to freeze and ultimately terminate nearly $2.2 billion in federal grants to Harvard.

More specifically, Plaintiffs collectively challenge the decision to freeze and then terminate the grants on three primary grounds, contending that (1) the funding decisions were made in response to Harvard’s refusal to capitulate to Defendants’ content- and viewpoint- based demands and its subsequent decision to file a lawsuit, in violation of the First Amendment; (2) the grant terminations did not comply with the procedural requirements of Title VI and are thus invalid; and (3) Defendants acted arbitrarily and capriciously when they froze and subsequently terminated funding to Harvard, as they failed to provide a reasoned explanation for how or why freezing and terminating funding would further the goal of ending antisemitism, to weigh the importance of the grants they sought to terminate, and to consider decades of reliance engendered through their prior practice of funding research at Harvard….

For the reasons stated herein, Harvard’s motion for summary judgment, [Harvard, ECF No. 69], is GRANTED IN PART….

Hilarious — put that in your pipe and smoke it, you faux would-be / autocrats!

नमस्ते