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Thursday, June 27, 2024

The number of migrants crossing the U.S. southern border illegally has dropped more than 40 percent in the three weeks since President Biden announced broad restrictions on asylum claims, administration officials said Wednesday. This is the lowest level of illegal crossings since Biden took office, DHS said. read more


Wednesday, June 26, 2024

Residents in Newbern, Alabama - a predominantly Black town with 133 residents - will be able to vote in their own municipal elections for the first time in decades after a four-year legal battle. For decades, white officials appointed Newbern's mayor and council members in lieu of holding elections. Most residents weren't even aware that there were supposed to be elections for these positions. read more


Tuesday, June 25, 2024

Michael Whatley, the current chair of the Republican National Committee, appeared on Fox News late last week to summarize what he sees as the foundational question of the 2024 presidential race: "The American voters are going to go vote based on whether they are better off today than they were four years ago." Four years ago, thousands of Americans were dying each day of Covid-19; more than 20 million Americans were unemployed; also, the country was in the grip of a violent crime wave, with murders soaring. read more


This cohort study of 94,720 recorded infant deaths in Texas and 28 comparison states found that the Texas abortion ban was associated with unexpected increases in infant and neonatal mortality in 2022. These findings suggest that abortion restrictions may have negative spillover effects on infant health. read more


Monday, June 24, 2024

David French: On Friday, eight justices of the Supreme Court not only ruled against Rahimi. They clarified their approach to text, history and tradition in a way that freed lower courts from the straitjacket of finding precise historical analogies. read more


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The shift was evident Tuesday in the Rio Grande Valley of South Texas, which has been one of the border's busiest migration corridors for the past decade. Along areas of the border where migrant families have crossed in large groups to surrender to U.S. authorities and seek protection, Border Patrol agents pursued a handful of adult men trying to evade capture. Agents' radios were mostly quiet.

The Tucson area in the Arizona desert saw a similar decline in unlawful crossings, DHS Secretary Alejandro Mayorkas said during a news conference in that border city Wednesday.

"The president's actions are working because of their tough response to illegal crossings," Mayorkas said. "We are attacking the smuggling organizations that prey on the vulnerable even as the smugglers try to undermine our actions."

Biden administration officials hope the falling numbers of migrants can blunt Republican criticism of the president's border record. The president has criticized Republicans for opposing a bipartisan bill that would have increased enforcement, leaving him to act on his own.

Homeland Security officials cautioned the results of the crackdown were preliminary, and cast the measures as an attempt to balance tougher enforcement with more generous opportunities for migrants to reach the United States legally.

You can guarantee that these numbers will come up tomorrow in the debate, with Biden stating facts and Trump likely calling him a liar and an open border advocate.

Regardless of where one falls, the facts remain that the Congressional GOP negotiated a border security deal that they said was better than anything before it, but they allowed Trump to force its defeat for the sake of his own campaign. Hopefully Biden will contrast himself as the President trying to fix the problem compared to Trump being the candidate trying to exploit the problem for his own benefit, the country's needs be damned.

Clarence is just voting "F--- all y'all" at this point, regardless of the issue.

Pretty much nailed it.

Thomas simply does not grant constitutional amendments the same respect that he gives to the original Constitution. His jurisprudence is inspired by "natural law," a theory that interprets the Constitution as, essentially, a divine revelation to the founders that codifies rights bestowed by a higher authority. Under this view, the product of the Constitutional Convention was nearly perfect, minus its accommodation for slavery - yet, as his Moore dissent illustrates, the justice is willing to downplay or write off this glaring defect when necessary.

Thomas will embrace the 14th Amendment's equal protection clause to outlaw affirmative action, but he otherwise gives remarkably short shrift to the Reconstruction amendments. These amendments fundamentally altered the balance of power between states and the federal government, giving Congress vastly more authority to enforce a panoply of civil rights. But Thomas routinely interprets them as marginalia at best - shooting down, for instance, Congress' prerogative to stamp out race discrimination in voting. In these opinions, the justice insists on enforcing aspects of the original Constitution that, he claims, allow states to suppress civil rights and civil liberties without federal interference. The Reconstruction amendments, in his preferred narrative, fall away as an irrelevant relic rather than the radical transformation of the Constitution that they were meant to be.

It's a frighteningly arrogant approach to judging, one that effectively closes off amendments as a way to fix the court's mistakes. The Constitution begins with the declaration "We the People" and invites future generations to help build a "more perfect union." But to Thomas, the wealthy white men who wrote those words got almost everything right the first time, and the people must never be trusted to build upon their flawed work.

slate.com

I just wish someone would call Thomas out during a Supreme Court case for what is mentioned above.

"This is just one of many examples of the country's longstanding racist practices that deny Black folks the right to vote," said Leah Wong, a voting rights attorney with the Legal Defense Fund. "White folks in this town essentially handed down the positions of power to one another. Throughout the decades, there were never any municipal elections held for mayor or town council. Black folks weren't even told how to get on the town council."

Newbern is about an hour away from Selma, where civil rights activists were brutally attacked on the Edmund Pettus Bridge while marching for voting rights in 1965.

The settlement will reinstate Patrick Braxton as the mayor of Newbern, the first Black person to hold the position in the town's 170-year history. Braxton was the only candidate who filed qualifying paperwork with the county clerk in 2020, so he won the mayoral race by default. The incumbent, Haywood "Woody" Stokes III, hadn't even bothered to fill out the paperwork to run again. Haywood Stokes Jr., his father, had previously been mayor of the rural Black Belt town.

After Braxton assumed office, he discovered the locks to the town hall had been changed, and that the town council had held a secret special election in which they simply reelected themselves. They then reappointed Stokes III as mayor of Newbern in 2021. He has been acting as mayor ever since.

There were no public notices announcing the special election, so the majority of residents didn't know about it, as the Legal Defense Fund noted in its lawsuit.

Reading the details of this story simple enrages me to no end. It makes me want to find Chief Justice Roberts and have him read what is happening in 2024 as it regards whites robbing black citizens of their political power simply because they can ------ with near impunity. Then contrast that with his blindered fantasy that an earth shattering, duly-passed Congressional Act no longer needed to be applied as Congress mandated.

Again, I'm seething. This Court has now decided it's above and beyond Congress and the President in knowing best how laws and regulations should be applied and function, forget what the President or elected representatives say. But there is no thing we can still count on - they will always say that the Constitution is on their side even as they parse and reverse engineer simple language to mean whatever serves their ends at the moment.

This incident is little more than a thru-line from the Confederacy straight to the 21st Century - white supremacy and black subjugation. But according to this Court's majority, the real problems today come from blacks being unfairly advantaged over whites in the never ending quest for an equal society. The Roberts Court said a decade ago - "All is equal already. It's unconstitutional to help any historically disadvantaged group over any other."

I guess Newbern's black residents have benefited from all the education and opportunity afforded them by the local city fathers to the point that they had no understanding of how their city's government was run or even realize that there should have been public elections for every elected office. Yeah, racism is gone and buried. Just like Newbern's civil rights.

That's right, some had flag polls.

Some of the startling revelations of the recent blockbuster Jan. 6 House committee hearing came in snippets of police radio traffic captured during President Donald Trump's rally on the Ellipse and from Trump's purported response to being told there were armed protesters just outside a secured area.

Six men were arrested that day for having guns in the vicinity of the U.S. Capitol, and a seventh who arrived after the riot ended was arrested the following day. Despite some instances in which alerts about people with guns turned out to be false alarms, accounts from police officers and rioters indicate that many firearms were spotted on Jan. 6 but were not seized as law enforcement focused more on defending the Capitol than on arresting gun-law violators.

In video evidence played at his trial, Guy Reffitt of Wylie, Tex., said that as he stood near the front of the mob on the west side of the Capitol, he counted eight firearms carried by five people.

Reffitt said that his count included his .40-caliber pistol and his Texas companion's .45-caliber handgun, five firearms carried by a couple he met at the Capitol and a .22-caliber weapon carried by a woman who stopped to help him after he was hit with bear spray. Reffitt was found guilty in March of encouraging one of the first surges by the mob to overwhelm police while carrying his semiautomatic handgun in a hip holster.

Of the alleged rioters who approached the Capitol on Jan. 6, four have been charged with taking guns onto the Capitol grounds, and two of those have been convicted. Three other supporters of Donald Trump have been convicted of bringing weapons into D.C. but not to the Capitol. And a New York City man suspected of taking weapons to the Capitol was found to have a cache of guns and ammunition in his Manhattan residence and was sentenced to 3 years in prison.

www.washingtonpost.com

Flag polls... smh. Whatevs ignoramus.

Justice Clarence Thomas wrote the majority opinion in a 6-to-3 Bruen decision split along ideological lines. He applied the text, history and tradition test by walking through the very complex, often contradictory, history of American gun laws to determine whether New York's restrictions had analogies with the colonial period or the periods after ratification of the Second Amendment and the Fourteenth Amendment, which applied the Second Amendment to the states. Under a fair reading of Thomas's opinion, lower courts would be hard pressed to uphold any gun restriction unless they could point to an obvious historical match.

Judicial reliance on founding-era legislation suffers from (a fatal) conceptual flaw: State legislatures are hardly stuffed with constitutional scholars. Then and now, our state legislatures are prone to enact wildly unconstitutional legislation.

Our courts exist in part to check legislatures when they go astray. The courts do not rely on legislatures to establish constitutional doctrine. In our divided system of government, legislators are not tasked with interpreting constitutional law. Yes, they should take the Constitution into account when they draft laws, but the laws they draft aren't precedent. They do not and should not bind the courts.

Chief Justice John Roberts declared that "some courts have misunderstood the methodology of our recent Second Amendment cases." The court's precedents "were not meant to suggest a law trapped in amber." Or, as Justice Amy Coney Barrett wrote in her concurrence, "Historical regulations reveal a principle, not a mold."

Barrett put her objections well. "Imposing a test that demands overly specific analogues has serious problems," she wrote. "It forces 21st-century regulations to follow late-18th-century policy choices, giving us a law trapped in amber.'

As a practical matter, this means, as Roberts wrote, that "when a challenged regulation does not precisely match its historical precursors, it still may be analogous enough to pass constitutional muster.'" Applying this more flexible framework, the court reached a holding that will echo beyond Rahimi's case: "An individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment."

That holding is relevant not just to domestic violence restraining orders; it's also relevant to so-called red-flag laws or extreme risk protective orders.

This weekend there was a thread on ACB making a break with originalism in her Bruen concurrence, though she did preface her decision as one centered on the 2nd Amendment, not originalism itself. But perhaps the most important fact which undermines the conservative jurist's use of originalism as a template for constitutionality is this:
Then and now, our state legislatures are prone to enact wildly unconstitutional legislation ... In our divided system of government, legislators are not tasked with interpreting constitutional law. Our courts exist in part to check legislatures when they go astray. The courts do not rely on legislatures to establish constitutional doctrine.
Originalism is nothing more than a joke used by jurists to adjudicate laws in the tradition of this nation's white male supremacist privilege, where their concerns and unbalanced concentration of wealth and power remains unchallengeable by modern societal evolutions in civil and personal rights for individuals and groups comprised of persons not included in the founding discussions, debates, and agreements - now supposed to be legally determinative 250 years later.

As ACB wrote herself, "Historical regulations reveal a principle, not a mold." Somebody be sure and tell Clarence Thomas and Bellringer. Both of them appear to be confused with this simple inescapable Constitutional logic.

One colleague argued to Cannon that it would be better for a judge in Miami, rather than her satellite Fort Pierce courthouse, to deal with the case, in part because the Miami courthouse has a facility for sensitive documents, the paper reported. When Cannon demurred, the chief judge of the district called her and argued that her reversed decision earlier meant that her having this case would look bad. She again declined to hand it off.

Whether Cannon's colleagues were concerned about inexperience or bias is not clear from the reporting, but what is striking is that they seem to have reached the same conclusion that many outsiders did at the time and later: Cannon has no business presiding over the case.

The trial was once scheduled to begin in May; now no tentative date even exists. She's also ruled against prosecutors again and again. Even when Cannon has ultimately rejected defense claims, she has first held hearings on matters that few judges are willing to entertain.

The case is crawling forward at the same time that the Supreme Court has been dilatory in ruling on Trump's argument that he should be immune to prosecution for acts taken as president - a claim that could upend his federal indictment for subverting the 2020 election. And just as no mechanism exists to speed up the justices, prosecutors have little recourse with Cannon.

In the future I surely hope that Congress passes a law that prohibits any federal judge who was appointed to their position by the President to adjudicate any case involving that President. The days of believing that judicial nominees themselves will always be impartial from the bench is over. This is the result of ignoring the professional recommendations of the ABA and other legal peer groups as to the professional worthiness of judicial nominees based on their legal histories and backgrounds. Only the best and brightest should occupy lifetime seats on our judiciaries, not politically in-the-tank hacks and jurists willing to bend the processes of law to points of relative absurdity when compared to the historical precedence of procedures and conduct.

Statistically, Americans have a less than one percent chance of living to 100. And Carter faces particularly significant challenges in reaching the milestone. For the past 16 months, he's been in hospice, end-of-life care that focuses on comfort and foregoes medical intervention. Half of people in hospice die within 17 days, according to the National Hospice and Palliative Care Organization.

According to friends and family, Carter continues to have a good appetite and eats meals made from the squash, peppers, corn and other vegetables grown on his boyhood farm, which is now a museum maintained by the National Park Service. They said he still recognizes people and smiles.

For several years he has not been able to walk, and the last time he went outside his home in Plains, Ga., was when he was wheeled into his backyard on Easter Sunday in March.

More recently, Carter has been sleeping or resting for much of the time, sometimes in a favorite recliner in the living room.

Since his improbable rise from peanut farmer to president in 1976, Carter has been an underdog. In 2015, he survived metastatic melanoma, which had spread to his liver and brain. He has long outlived all three siblings, who died of pancreatic cancer.

One of the most remarkable and productive lives of the last 2 centuries, Carter again stands as an unique icon - arguably more famous for his 43 post presidential years than his 4 years as President.

It's laughable how differently supposed evangelicals viewed this devoted man who openly lived his faith every single day of his life versus how they deify a philandering grifter who has never shown a moment of simple humanity - remorse, understanding or regret - as he daily breaks the very Commandments he claims to love.

Maybe Jimmy Carter was a living example of the abject hypocrisy that many people who espouse that religion guide and control our government and people obliviously represent. The Carter's lives were filled with continuous service to humanity and their own communities up until they were physically unable to do any more. What an American life - that isn't quite over yet.

Roberts Tries To Put The Bruen Toothpaste Back In the Tube

Thomas' dissent, in which he argues that there is no historical analogue to a law taking firearms from a domestic abuser under a protective order, is (horrifyingly) probably closer to the truth of what Bruen established. Roberts stretches the need for a historical predecessor into generalities, finding laws from the founding that took a bond as punishment if someone committed violence, or that removed weapons from those who'd menaced others. It's clear that the Court's sanctified history and traditions test is more flexible than it appears; when it comes to a drug dealing respondent who has fired his gun at his ex-girlfriend, at cars in traffic, in a fast food restaurant, and kept his weapons in his home nearby a copy of the restraining order forbidding him to have them, our history becomes much more forward-looking.

To be clear: Thank God. Anyone with half a brain already knows that this Court is almost entirely results-oriented, and if the conservatives need to pretend that the founders cared about wife-beating to stop domestic abusers from so easily murdering their victims, so be it.

But it also amplifies the mortification all of the right-wing justices should feel for signing onto Bruen in the first place, in which Thomas made abundantly clear that virtually all gun regulations were now at existential risk.

I'm glad the conservatives were shamed into this ruling; it'll mean fewer dead women. But it's yet more proof that these justices are fundamentally political actors, and that their supposedly ironclad interpretive tests are worth no more than the paper they're written on.

- Kate Riga

The divide became evident last week as the court ruled on what was expected to be an amusing but not terribly significant case over a trademark application for crude anti-Trump T-shirts. Despite the trivial subject matter, Barrett squared off with Thomas in such a confrontational manner that they seemed to be really fighting about something else.

Thomas wrote the majority opinion rejecting the trademark applicant's claim. Barrett (and all the other justices) agreed with that bottom-line result. The quarrel came down to methodology.

In a concurring opinion, Barrett used unusually blunt terms to skewer Thomas' history-based rationale for denying the trademark. She described his approach as "wrong twice over," and she made clear that her gripes went far beyond this case alone.

Barrett complained in her 15-page concurrence that her conservative colleagues have become so enamored of history that they're now employing it even when the record is ambiguous and the purpose of embracing a retrospective approach is unclear.

"The views of preceding generations can persuade, and, in the realm of stare decisis, even bind," Barrett wrote, using the Latin term for the principle that courts should adhere to past rulings. "But tradition is not an end in itself - and I fear that the Court uses it that way here."

"It presents tradition itself as the constitutional argument. ... Yet what is the theoretical justification for using tradition that way?" she wrote.

Barrett's next critique amounts to fighting words among legal conservatives: She compared Thomas' approach to the kind of amorphous, multi-pronged legal tests that conservatives frequently accuse liberal judges of concocting.

"Relying exclusively on history and tradition may seem like a way of avoiding judge-made tests. But a rule rendering tradition dispositive is itself a judge-made test," she asserted.

Last week's trademark case wasn't the first time Barrett has unfurled the yellow caution flag as the court turned to history to resolve a case. Almost a year ago, in a case involving the admissibility of confessions by co-conspirators, Barrett again accused Thomas of making too much of a very limited historical record.

"The Court overclaims. That is unfortunate," Barrett wrote in a solo concurrence, referring to Thomas' majority opinion. "While history is often important and sometimes dispositive, we should be discriminating in its use. Otherwise, we risk undermining the force of historical arguments when they matter most," she declared.

Completely outside the realm of political implications, this is truly huge. ACB is making the argument that fellow conservative justices seeking historical analogues as matters of ruling on contemporary constitutionality are themselves utilizing a "judge-made test" - the same thing these justices decried as being extralegal and outside the power of the SCOTUS.

For those who follow the progression of legal interpretations, ACB is telling Thomas and Alito that not only are their references into history just another "rule" created from the bench, she also argues that the examples they use do not fully represent the totality of viewpoints or considerations of the issues at particular points in history.

"It does seem to me that Justice Barrett is trying to lay down a marker of at least some limitation or clarity in terms of where she and the others on the court see history and tradition' moving in the future," said Catholic University law professor Jennifer Mascott, who clerked for Thomas at the Supreme Court and Kavanaugh when he was an appeals court judge. "Justice Barrett is basically raising questions that could really shift and perhaps limit the impact of the way specific [historical] examples are used."

store closings due to rampant theft that goes un-prosecuted

Just another gullible mind wallowing in the ignorance spewed by the Trumpist right wing media:

The alleged crime epidemic in places like San Francisco causing stores to flee may actually just be bad management, investment bank suggests

Retail theft in US cities: Separating fact from fiction

The fiction: Retail theft myths

There are three primary problems with the current retail theft narrative, which require policymakers' and the public's attention.

The first is a big one: Existing data on retail theft is highly unreliable and imprecise. First, "retail theft" is not an independent category reported by most police departments. Moreover, the terms increasingly used by industry and government officials - "organized retail crime" or "organized retail theft" - have no consistent legal definition across states and often encompass broader crimes such as cargo and employee theft (which are already associated with more severe sanctions). Even the California Retailers Association has acknowledged a lack of comprehensive and reliable data on retail theft.

The second is that shoplifting in major cities did not actually spike in the ways that media has reported. According to the Council on Criminal Justice, only 24 cities consistently reported shoplifting data over the past five years, and of those cities, shoplifting decreased in 17. Moreover, looking across all 24 cities, the prevalence of shoplifting in 2023 remained below 2018 and 2019 levels. Even San Francisco - which has often been cited as having a "shoplifting epidemic" - saw a 5% decline in shoplifting between 2019 and 2023.

Finally, corporate claims are not holding up to scrutiny, and are being used to close stores that are essential assets for many communities. Although the National Retail Federation said that "organized retail crime" drove nearly half of all inventory losses in 2021, the group later retracted its claim; it now no longer attaches a dollar amount to money that is lost due to retail theft. And in memorable cases, major retailers have chosen to maintain stores with much higher rates of crime, while closing others.

Another view:

As of Tuesday, 110 days had passed since the court agreed to hear the Trump immunity case. And still no decision.

This court has lost the benefit of the doubt for myriad reasons, including its willingness to act quickly in cases that benefit Republican interests. In addition to the disqualification case, two and a half years ago, the court scheduled a challenge to the Biden administration's test-or-vaccinate policy two weeks after the justices decided to hear it, and then issued a decision invalidating the policy less than one week later.

In a case in South Carolina decided by the court 6-3 in May, it was not speed but sloth that aided Republicans. The court allowed the state to continue using a 2021 congressional map that a lower court had found was an unconstitutional racial gerrymander. Both parties in the case had asked the court to rule by Jan. 1; when no decision was issued by mid-March, a district court panel ordered the contested map to be used in this fall's election.

In the immunity case, the question before the court is this: "Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

In addressing that question, the court could follow a path well charted in other cases and rule narrowly. The justices need not resolve anything and everything related to presidential immunity. It would be enough to conclude that whatever the precise bounds of presidential immunity, it doesn't extend to orchestrating a monthslong effort to overturn the valid results of a presidential election.

Even if presidents enjoy some immunity for official acts, plotting to remain in office while continuing to question the results of an election they clearly lost isn't one of them.

Leah Litman

The Supreme Court has slow-walked Trump's criminal cases at every turn. In December 2023, the Court denied the Department of Justice's request to hear Trump's claim that he is absolutely immune from criminal prosecution, opting to instead let the question make its way up to the justices through the lower courts. After the D.C. Circuit heard Trump's argument and decided unanimously against him within 28 days, the Supreme Court waited 22 days before it announced it would indeed hear Trump's claim of presidential immunity, scheduling oral arguments for the last day of its term, 57 days later. The ultra-conservative Supreme Court has weaponized time to delay accountability for their friend Donald Trump and influence the November election.

It is increasingly obvious to Americans who are paying attention that the Supreme Court is no longer a neutral arbiter of the law, but a partisan outfit willing to protect its political allies and overturn long-established precedents like Roe v. Wade for ideological reasons.

Trump v. United States presents an obvious conflict of interest for Justices Clarence Thomas and Samuel Alito. Ginni Thomas' efforts to overturn the 2020 election are well known. Rather than recuse himself and despite the Court's new sham of a code of conduct, Justice Thomas ignored calls from legal experts and Democratic lawmakers. After revelations that a Stop the Steal' flag flew at Samuel Alito's residence, Justice Alito joined Justice Thomas in disregarding calls to remove himself from the case, thumbing his nose at Congress and federal laws requiring justices to recuse themselves when their "impartiality might reasonably be questioned." We simply cannot trust the justices to rule without bias and uphold the integrity of our elections when they're so clearly aligned with Donald Trump.

Pretty straightforward. When Trump's access on a state ballot was threatened, the SCOTUS acted within weeks to rule in his favor. Trump makes wild claims antithetical to the Constitution, and the Court is taking months to issue a ruling, halting a prosecution for stealing classified documents many voters wanted to see decided prior to election day.

Things are what they appear to be.

'Total Fiction': CNN Fact-Checker Exposes 30 Obvious Lies In New Trump Speech

Donald Trump's rally in Wisconsin on Tuesday was marked by so many falsehoods that CNN fact-checker Daniel Dale's attempt to list them rapid-fire still took three full minutes.

Dale told Abby Phillip he found 30 obvious lies. Some were his usual false claims and conspiracy theories about the 2020 election, while others had a newer origin, such as a reference to a "cheapfake" edit of footage of President Joe Biden at the G7 meeting that made the rounds of right-wing media.

"He said Biden wandered off at the G7 and didn't know where he was," Dale summarized. Then he delivered a correction: "No, Biden was briefly chatting with a skydiver who had landed near the group."

Dale also delivered quick fact-checks to Trump's claims about everything from Al Capone to Nancy Pelosi to taxes.

"He said Biden's plans would quadruple your taxes," Dale said. "Total fiction."

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