Robert Pogson

In REGENTS OF THE UNIV. OF CAL. V. USDHS the 9^th Circuit Court of Appeals decided:
“With due respect for the Executive Branch, we disagree. The government may not simultaneously both assert that its actions are legally compelled, based on its interpretation of the law, and avoid review of that assertion by the judicial branch, whose “province and duty” it is “to say what the law is.” Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803). The government’s decision to rescind DACA is subject to judicial review. And, upon review, we conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA—at least as justified on this record—is arbitrary, capricious, or otherwise not in accordance with law. We therefore affirm the district court’s grant of preliminary injunctive relief.”
 

See? There is intelligent life in USA and Trump doesn’t get his way, again.

See the whole opinion in REGENTS OF THE UNIVERSITY OF CALIFORNIA v United States Department of Homeland Security

Of course, this is not over yet but Sessions, Nielsen and Trump are just wrong so many ways in everything they say and do about immigration. They should just pack their bags and go away.

“Ryan threw cold water on the President’s assertion that he can use executive action to end the constitutional guarantee of citizenship to anyone born in the United States.
 
Ryan told a Kentucky radio station Tuesday that “you cannot end birthright citizenship with an executive order,” following remarks from the President indicating that Trump believes he can do just that, though many legal scholars disagree.”
 
See Trump attacks Paul Ryan, says he ‘knows nothing’ about birthright citizenshipThis is interesting. In an attempt to throw red meat to his shrinking support and distract from issues like universal healthcare on which the GOP have nothing, Trump threw out the idea of revoking citizenship to folks born in USA to illegal immigrants. The idea is totally daffy, since the 14^th Amendment recognizes citizenship as a birth-right.

It does leave to an interesting concept however. Suppose, somehow, Kavanaugh and four other justices of SCOTUS could be persuaded to support Trump on this… I know it’s a stretch but just suppose that were to happen and Trump gets impeached, dies in office or is retired by the electorate. The next Democratic president could just revoke the citizenship of GOP members. McCarthy used to ask, “Are you now or have you ever been a member of the Communist Party of the United States?”. Why not replace “Communist Party” with “Government of Pigs”, “old fat guys club” etc? It would be very efficient at creating a tyranny much like the Divine Right Of Kings etc, which even predates the 1950s, when I came along.

Clearly, no right-thinking justice would put this wedge in the door but it will allow Trump to muddy more waters, distract more voters/media/candidates, and further besmirch the reputation of USA as an “advanced” nation in the world.

It’s been a long haul but we are almost there. Early voting has started and the usual voter-suppression tricks are being exposed. Trump is panicking and telling more and bigger lies. The House is almost certain to go to the Democrats so some token opposition to Trump can return. The Senate is too close to call. There are still two weeks for people to come to their senses. The Democrats are not doomed in the Senate but it is certainly a “darkest hour” situation.

I think I can survive another two weeks to live to see Trump have his “comeuppance”. It’s only a question of how lame the duck he will be and how hot the oven in which he roasts. We should soon see the progress Mueller has made. We should soon see the House really investigate Trumpism forcefully. We should soon see more public trials. I hope Trump’s is one of them. I hope the experience of taking failure to vote too far has been educational for millions of USAians.