Breaking News: US Federal District Court Judge Has Issued a Temporary Stay of the Immigration Executive Order

Joy Ann Reid on All In on MSNBC has just reported that in response to a suit brought by the Washington State Attorney General that a Federal District Court Judge has issued a temporary stay of the immigration Executive Order issued last Friday. The stay is effective immediately.

This will likely be appealed, but for now the Executive Order has been stayed and people may go and come from the United States they way they always have.

Here’s Washington State Attorney General Bob Ferguson’s press release:

FOR IMMEDIATE RELEASE:
Feb 3 2017

Judge grants nationwide Temporary Restraining Order against President’s Executive Order

SEATTLE — A federal judge in Seattle today granted Attorney General Bob Ferguson’s request to immediately halt implementation of President Donald Trump’s Executive Order on immigration nationwide.

The Temporary Restraining Order will remain in place until U.S. District Court Senior Judge James L. Robart considers the Attorney General’s lawsuit challenging key provisions of the President’s order as illegal and unconstitutional. If Ferguson prevails, the Executive Order would be permanently invalidated nationwide.

To obtain the Temporary Restraining Order, the state needed to prove that its underlying lawsuit was likely to succeed, that irreparable harm was likely to occur without the restraining order, and that halting the President’s order immediately is in the public interest. The state also needed to establish that the potential injury to Washington residents caused by leaving the President’s order in place outweighs any potential damage from halting it.

Judge Robart, who was nominated to the court by President George W. Bush in 2003, ruled that Ferguson had met the high standards necessary to block the Executive Order until the court reaches the merits of the lawsuit.

“The Constitution prevailed today,” Ferguson said. “No one is above the law — not even the President.”

Washington became the first state to challenge the President’s order on Monday. Ferguson argues that the Executive Order violates the U.S. Constitution’s guarantee of Equal Protection and the First Amendment’s Establishment Clause, infringes individuals’ constitutional right to Due Process and contravenes the federal Immigration and Nationality Act.

Major Washington state institutions supported the Attorney General’s lawsuit through declarations filed alongside the complaint. In their declarations, for example, Amazon and Expedia set forth the detrimental ways the Executive Order impacts their operations and their employees.

Minnesota, led by Attorney General Lori Swanson, joined Ferguson’s amended complaint filed Thursday. In addition, since Washington brought its action, Massachusetts, New York and Virginia intervened in similar lawsuits challenging the Executive Order in their respective jurisdictions.

Solicitor General Noah Purcell, Deputy Solicitor General Anne Egeler and Solicitor General’s Office Fellow Kelly Paradis, as well as members of the Wing Luke Civil Rights Unit, including Unit Chief Colleen Melody and Assistant Attorneys General Patricio Marquez and Marsha Chien, are handling the case.

-30-

 

The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Visit www.atg.wa.gov to learn more.

172 replies
  1. 1
    dm says:

    Can we get it to the Supreme Court for a split decision before Garland’s seat is filled?

  2. 2
    Aleta says:

    A Department of Homeland Security official told NBC News that the judge’s order will have no immediate practical effect. All previously issued visas from the seven affected countries were canceled by last week’s executive order, the official said, meaning people would have to reapply.

    -NBC news

    Dual citizenship status is said to be OK>

  3. 3
    mai naem mobile says:

    The Wittle Boy is going to have a tweet meltdown tonight. Hope the judge has good security because the Trumpkin thugs will be out in force tonight.

  4. 4
    Yarrow says:

    Good! And on Friday night when Trump is unsupervised by Ivanka and Jared. Heh.

  5. 5
    Lurking Canadian says:

    This will likely be appealed, but for now the Executive Order has been stayed and people may go and come from the United States they way they always have.

    You seem to be assuming facts not in evidence: namely that the border patrol personnel give a shit what Federal District Court Judges say. Their recent track record in that regard is not reassuring.

  6. 6
    scav says:

    people may go and come from the United States they way they always have.

    I’m sure everyone will just fling their hat in the air and jump on an airplane immediately. And those o-so-fond of stability corporations will likewise relax about critical employees. That’s a dry humor you are packing there son.

  7. 7
    Thru the Looking Glass... says:

    @Lurking Canadian: Indeed… indeed… and what recourse do ‘we’ have if the Thrumptonians just decide to ignore what the judge says?

    Didn’t the union the ICE agents belong to back Trump?

  8. 8

    Oh my god it’s only been a week since this was signed.

  9. 9
    🚸 Martin says:

    I don’t think TROs can be appealed, given that they are temporary. The judge has determined that the State of Washington has standing to sue, so the place for the Trump administration to object is in the actual case.

    But I remain skeptical that the Trump administration will respect the TRO.

  10. 10
    ChrisB says:

    @dm: It will go to the 9th Circuit first.

  11. 11
    dmsilev says:

    The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions.

    The Attorney General! How many divisions has he got?

    (With apologies, I suppose, to Joseph Stalin)

  12. 12
    Adam L Silverman says:

    @Lurking Canadian: @scav: You’re right. This is terrible news. The Federal judge is clearly setting a trap to get tourists, foreign students, foreign workers, and other immigrants to try to come here so that they can be detained at the airport upon arrival. They’re all in on it.

    For someone’s, anyone’s, no one’s Deity’s sake: get a grip! Something positive and right happens and you all act like ninnies. Yes, I’m aware that C&BP were absolutely retched last weekend. But we can either recognize and celebrate that the Rule of Law is being reinforced, even if its only a little bit, isn’t settled, and might require someone to go back to this Federal Judge over the weekend to get a contempt citation to force C&BP to do their jobs. If this should happen, C&BP will not get off easy as I’m sure the Federal Judge in question will not want his weekend ruined because a bunch of GS 10s at an airport somewhere can’t be bothered to do what they’re supposed to do. If this is how you react when there is a win, albeit a limited and conditional one, you’re going to be useless when the shit actually hits the fan.

  13. 13
    dmsilev says:

    @Major Major Major Major: And only two weeks in on this ongoing nightmare.

  14. 14
  15. 15
    Gin & Tonic says:

    @🚸 Martin: If you were put back on a plane to Egypt or Sudan and your visa was cancelled, you’re SOL regardless of whether they respect the TRO or not.

  16. 16
    ChrisB says:

    @Lurking Canadian: There is a statement from the border patrol that it will respect the order. No response from the White House.

    But it is hard to say how the border patrol actually will act on the ground. It may still hold people up.

  17. 17
    Mike in NC says:

    This is the way to handle Trump: drag every loony EO he signs should be dragged through the courts for months.

  18. 18
    Larkspur says:

    @Adam L Silverman: Thank you. I don’t know nearly as much as you, but my first thought was, “Yay! Resistance!” Like it’s actually a good thing even though it’s not a magic thing.

  19. 19
    JordanRules says:

    There is amazing legal work being done at a fast clip on America’s behalf. Major props!

  20. 20
    Adam L Silverman says:

    @🚸 Martin: I’m listening to AG Ferguson now. He indicates it is appealable, but the restraining order was issued because Judge Robarts wants to hear the full arguments from both sides in his court. So the stay is until he can hear the actual case.

  21. 21
  22. 22
    Teddys Person says:

    @dmsilev: I commented to a friend today that it feels like Lord Dampnuts has been president (I just threw up in my mouth a little bit typing that) for fucking ever.

  23. 23
    chris says:

    This is nationwide which is great. Saw a tweet earlier saying Boston would let people in until 5Feb because of a local TRO.

  24. 24
    Thru the Looking Glass... says:

    @efgoldman: Okay… that explains why they backed Trump…

  25. 25
    Thru the Looking Glass... says:

    @Mike in NC: Yes…

  26. 26
    scav says:

    @Adam L Silverman: I’m not contesting the fact that the individual event is good. If we can get the rule of law working, grand. But, people are not going to immediatly forget the preciptating event, that danger and the ongoing danger that it will all change back will continue to impact decisions made by individuals and corporations.

  27. 27
    Peale says:

    @Aleta: ok. This is just nuts. Were the visas cancelled for both people who were outside and who were inside the country or not? If you were here on a tourist visa, are you now an overstay? If you are a refugee from Syria and it was actually the Jordanian embassy that processed your visa application are you in or out?

  28. 28
    chris says:

    @efgoldman: I heard they have to convincingly threaten the interviewer too.

  29. 29
    Adam L Silverman says:

    @Larkspur: I’m not trying to dump on anyone, but defeatism isn’t going to help. Neither is panic. This judge is a George W. Bush appointee. He has, according to AG Ferguson, that Washington’s suit, brought in conjunction with Minnesota, has merit and is likely to succeed at argument. Hence the TRO. There will be, as we’ve all suggested or speculated, an assault on the Rule of Law. When we get evidence that the Rule of Law will be upheld, and when its coming from a conservative judge, that is cause for optimism. Its not the end of things, but campaigns are not one all at once. The first objective has been taken. There are many more to go.

  30. 30
    ChrisB says:

    So here’s a question: if this gets appealed to the 9th Circuit, who names the panel? There’s a relatively recent article which says that the process is opaque and not necessarily random:

    https://verdict.justia.com/2014/12/01/mystery-case-assignment-ninth-circuit

  31. 31
    Larkspur says:

    I’m glad Joy Ann Reid is on duty.

  32. 32
    Adam L Silverman says:

    @JordanRules: And here’s one of the commanding generals doing it:
    http://www.politico.com/magazi.....ork-214734

  33. 33
    Renie says:

    stand by for a twitterstorm tonite

  34. 34
    Adam L Silverman says:

    @scav: No argument here and if I’m picking a fight or just picking on you where that’s not warranted, I apologize. Yes, incalculable damage has and is being done, but there are signs of hope and progress. This TRO today. The fact that our civil society seems far more resilient than people expected leading to the pushback in protests, demonstrations, attendance at Congressional constituent meetings/town halls, calls to elected officials, etc.

  35. 35
    🚸 Martin says:

    One thing that really bothers me about the approach being taken by the Trump admin – him, Spicer, etc. is that they come off as being so fucking terrified of everything. Even GWB could generally present reasoned explanations for why we do things, but this is constantly being presented as everyone who comes to the US is going to cut off someone’s head.

    The US is not a chickenshit country, but it sure looks like we’re marketing it as one.

  36. 36
    Adam L Silverman says:

    @efgoldman: And that’s so she can make a determination of whether she should order the visas back into effect.

  37. 37
    🚸 Martin says:

    @Adam L Silverman: Yep. Becerra will be there soon – he’s just getting into office.

  38. 38
    Adam L Silverman says:

    @ChrisB: The 9th is the most liberal circuit. Their is an internal process at the 9th Circuit, under the supervision of the Chief Judge of the Circuit, for naming the three judge panel.

  39. 39
    Adam L Silverman says:

    @🚸 Martin: And Judge Robarts basically denied this as an argument in issuing the TRO so he could hear proper arguments.

  40. 40
    debbie says:

    Ferguson isn’t the AG I’d have thought would be the one to do this.

  41. 41
    Baud says:

    @🚸 Martin: Trump is a coward.

  42. 42
    SiubhanDuinne says:

    @EBT:

    It will never happen, of course, but I yearn for a day that every MSM outlet in the country simply refused to cover Republican President*. Just one day in which no reporters showed up for a press briefing or photo op, no talking heads elbowed for prime spots on the WH lawn to do the morning shows. One day in which the Republican President*’s name and picture didn’t appear in the WaPo, NYT, Time Magazine, People, or any other print media.

  43. 43
    JMG says:

    Please listen to Adam. The Roberts Court is reactionary, but one thing they will react to with extreme prejudice is a challenge to the authority of the federal courts. If the Trump administration doesn’t listen to ’em, why should anyone else?

  44. 44

    @Baud: Most people who voted for T live within 20 miles of where they were born and also they never left their hometowns.

  45. 45
    Thru the Looking Glass... says:

    @Baud: Yup… he’s clearly a bully and every bully I’ve ever dealt w/ is a coward on the flip side…

    One of the few axiomatic rules for human behavior you can really bank on…

  46. 46
    MomSense says:

    @Baud:

    He’s a barbarous fuckhead.

  47. 47
    🚸 Martin says:

    @debbie: I think what you’re going to see is some measure of coordination among state AGs. The sheer volume of lawsuits that are going to come would overwhelm any one AG office, but if CA can take up the sanctuary city and energy stuff, and WA the travel ban, etc. they can certainly put their efforts behind other suits, but everyone can take the lead on this or that.

  48. 48

    I was always a bit pointlessly proud of growing up in Philadelphia, an important city in early US history.

    Today, my pride in living in Washington is just as high (and yeah, just as pointless, since I wasn’t asked, BUT STILL).

  49. 49
    Gin & Tonic says:

    @schrodingers_cat: I have no reason to doubt that, but I’m just curious if you have a source handy. Asking for a friend.

  50. 50
    SiubhanDuinne says:

    @🚸 Martin:

    The US is not a chickenshit country, but it sure looks like we’re marketing it as one.

    Land of the free and home of the brave my aged white ass.

    Edit: Obviously (I hope), I refer to our “leaders,” not to the American people in general.

  51. 51
    Renie says:

    good reason to donate to ACLU; courts may be our only hope to stop this insanity cuz your know the GOP won’t do anything to stop him

  52. 52
    Adam L Silverman says:

    @JMG: Exactly. Its one thing for legislation or a Supreme Court ruling that returns an issue to the states so that each one can work out their own response a la the laboratories of democracy idea under the “states have powers” portion of the 10th Amendment. That is a far cry from having states or the Federal government just ignore Federal Court rulings wholesale because they’re inconvenient. Without throwing the thread way, way off topic, this is actually the real issue with the Heller and McDonald rulings regarding firearm ownerships. Lower courts, states, and municipalities basically state “yes, we acknowledge and accept Heller and McDonald” and then they just act as if they don’t exist. I’m not arguing that either was or was not a correctly decided case, but having Federal, including Supreme Court decisions that are just ignored is not good. In some ways this is also what happens with a lot of states when they approach Roe V Wade and Casey V Pennsylvania.

  53. 53
    Lurking Canadian says:

    @Adam L Silverman:

    The Federal judge is clearly setting a trap to get tourists, foreign students, foreign workers, and other immigrants to try to come here so that they can be detained at the airport upon arrival. They’re all in on it.

    At the risk of sounding belligerent, where the hell did I say anything like that? I have no doubt the judge in question is an honest servant of the law.

    But there were numerous reports last weekend of border patrol officers ignoring court orders and telling those trying to serve said orders to take it up with Trump. If there is something special about this court order that makes you think it has power those other court orders did not have, that’s terrific, but it is not obvious.

  54. 54
    eclare says:

    Yo, for the next four years (hopefully only) consider me fully gripped.

  55. 55
    Gin & Tonic says:

    Hey Adam, you keeping on eye on Belarus? Aleksandr Lukashenka morphing into a freedom fighter, or what?

  56. 56

    @Gin & Tonic: I forget where I found that. That was the biggest indicator of T support.

  57. 57
    Wapiti says:

    @SiubhanDuinne: At a minimum, all of the legitimate television/cable press should have Trump and his staff on a tape delay, so the reporters can call out the lies. This should go for everything, up to and including the State of the Union address.

  58. 58
    ChrisB says:

    @Adam L Silverman: Yes. Makes me think that the White House wouldn’t want to appeal through the 9th Circuit since a loss there would stand if SCOTUS deadlocks 4-4. But what choice does the White House have if the Washington District Court’s order is effective nationwide?

  59. 59

    @🚸 Martin: Yes, that is one thing that *really* upsets me. The definition of “cowardice” is that quality that causes a person to do something (or fail to do something) they know they shouldn’t (/should) because of fear. Since 9/11, so much of our nation has been shaped by cowardice that it really sickens me.

    (The only thing that’s worse? I once pointed out that invading Iraq was cowardly – that the risks didn’t justify invasion. One person actually argued that, no, it wasn’t FEAR it was ANGER. How do you respond to someone who makes an argument that’s the moral equivalent of “I’m angry at my boss so I went home and beat my wife?” I mean, other than getting their wife the (expletive deleted) out of Dodge, which wasn’t possible since Iraq was already out of Dodge, and wow, is this metaphor melange strained!)

  60. 60
    🚸 Martin says:

    @SiubhanDuinne: Well, I fall back on one of Obama’s core viewpoints, that the US was sufficiently powerful and stable that we alone could afford to be generous with other nations in order to resolve disputes. We could give Iran some space and trust, because we have the capability to intervene and contain them should it not work out. That’s a powerful concept of America. That’s what american exceptionalism has always really meant – we could afford to be first on the moon, first to address climate change, first to extend a hand to a foreign nation, and yes, first on the beach if needed. That is an inherently courageous view of America.

  61. 61
    JordanRules says:

    @Adam L Silverman: And my AZ Senators are all about breaking up the 9th circuit. I’m inclined to think this will become even more important for the GOP as these legal battles, and many more to come, threaten their common agenda with the Trump admin.

  62. 62
    Lizzy L says:

    @Adam L Silverman: Preach, brother! Defeatism is so tiresome. The Rs in Congress are running scared: more than one cowardly Congresscritter and Senator has made him/her self unavailable to constituents because the push back has been so constant and strong. This — the phone calls, the marches, the immigration lawyers at work, the people showing up spontaneously at the airports — is American democracy proving that it still lives. 45 and those Breitbart scumsuckers can’t kill it. Push back push back push back. Resist.

  63. 63
    Larkspur says:

    @Lurking Canadian: For what it’s worth, I agree with you and Adam Silverman, and do not wish to dump anything on anyone.
    ETA: I mean, anyone here in Juiceville.

  64. 64
    🚸 Martin says:

    @Lurking Canadian:

    But there were numerous reports last weekend of border patrol officers ignoring court orders and telling those trying to serve said orders to take it up with Trump.

    I think you’re misinterpreting that. There were numerous border patrol officers who were saying ‘take it up with Trump’ because nobody in their chain of command knew what the fuck was going on. That is a fairly standard tactic of a pissed off low-level employee who is looking out for their equally pissed off boss. It’s a sign of frustration.

  65. 65
  66. 66

    @Gin & Tonic: It was one of the polling outfits, like Pew or Gallup. I will keep looking. T vote was either motivated by fear or spite or a combination of the two.

  67. 67
    AliceBlue says:

    Thank you Adam. I was feeling pretty down tonight about everything, but this put a smile on my face. Hell yes, I’ll celebrate a victory, no matter how small or incremental.

  68. 68
    Mnemosyne says:

    @JMG:

    Given that Trump’s favorite president is Andrew “Trail of Tears” Jackson, I am also nervous that he will ignore the courts. We’ll have to wait and see, I suppose.

  69. 69
    SiubhanDuinne says:

    @efgoldman:

    I’m not talking about forever, just one 24-hour press strike or ban or boycott or whatever you may call it. For one thing, he would go absofuckinglutely batshit crazy if he woke up to find that he wasn’t the lead story. By that time, of course, the media would be back to covering him so they’d see the meltdown in more or less real time.

    For another thing, it would be good for the news consumer. The normal reader/viewer, absent the latest Trumpian outrage or tweet coverage or whatever, would be forced to listen to some other news, maybe even from another part of the world.

    Just 24 hours is all I’m asking.

    And remember, I did say that I know it’ll never happen :-)

  70. 70
    Demsrwackos says:

    Have any of u dems actually read the constitution? These people are a threat to our nation. Some here ILLEGALLY. Where is the common sense on the word ILLEGAL? Morons the lot of u!! Since when does a judge besides the supreme court have the authority to outweigh a presidential order designed to protect your freedoms. Unreal. The law is the law but convenient the way u dems bend it to your will when you dont agree. None of you cared when Obama was writing his EOs and shipping billions to terrorist countries.

  71. 71
    japa21 says:

    Here is my question. Does this ruling really have any impact in the here and now. If all visas for travelers from those counties have been revoked, how can they get here? Or does this basically negate the revocation that occurred? because my understanding is that that includes visas for people in this country and if they leave the country they won’t be allowed back in.
    Don’t get me wrong, i am thrilled with the TRO, but if the revocation of visas is not corrected,it doesn’t do what it needs to do.

  72. 72
  73. 73
    Thru the Looking Glass... says:

    @Lizzy L:

    The Rs in Congress are running scared…

    This… the fact that they’re moving so quickly and are keeping really quiet about some of the crap they want to pull, to me, means they KNOW shit’s gonna hit the fan when the rest of us find out and that they’re really not sure they’re going to get away w/ it…

    I’ve never seen people so mad as they are now… the Tea party poutrage always seemed kinda phony to me… astro-turfed… but NOW people are furious to a degree I’ve never seen before… last time I saw anything close to this was during the Viet Nam era and I think this is more intense…

    Makes me feel good…

  74. 74
    Mnemosyne says:

    @🚸 Martin:

    I will probably stick with the classic kitty hat, but will admire any brain hats that I see.

    I’m not sure how many people realize what a huge crossover there is between scientists and knitters. I can think of several well-known knitting designers who started off in the sciences.

  75. 75
    🚸 Martin says:

    @SiubhanDuinne: Well, there’s two things they could do which would help:

    1) Never run a Trump event live. Always run it from tape so you can have commentary ready to go.
    2) Don’t include his picture. It’s his picture that he cares about – that he’s on the cover, etc. Remember this story:

    “I have interviewed him multiple times,” Todd, the host of “Meet the Press,” said in an interview with Politico. “The amount of times he spends after the interview is over with the sound off. He wants to see what it all looked like.”

    “He will watch the whole thing on mute,” Todd said. “He thinks this way, and look, it’s an important insight in just understanding him. The visual stuff is very real beyond just himself.”

    So don’t put him on the cover. Put some proxy image for him instead. Don’t include a photo in the story, etc.

  76. 76
    Thru the Looking Glass... says:

    @Mnemosyne: Isn’t jackson also the one who stabled his horse inside the WH?

    Somehow… that seems appropriate for Trump, given the amount of horse shit that must have produced…

  77. 77
    🚸 Martin says:

    @Mnemosyne: At a faculty meeting today some idle chat about the march came up and it looks like a majority of my faculty are going should things continue to build. Within that was a call for who needed hats – there were a number of people who could make them.

    Of course, if this continues, I’ll have one of these to play with soon.

  78. 78
    dm says:

    @schrodingers_cat: Not quite most. But 40% of them. ETA: Never mind. I see you found the article yourself.

  79. 79
    Peale says:

    @japa21: none of this makes sense. It’s not like there’s “visa central” in the mall in the suburbs, where you go to apply. If they have to apply again, many people have to go back to start over. And then you have to wait. What are you applying for? An h1B if you were already had permanent residency? If you had to wait two years for your student visa, are you waiting 2 more? Or longer? Are you at the back of the line?

  80. 80
    MomSense says:

    @🚸 Martin:

    I saw that the other day. So funny. I’m going to make some but the problem with them is that they aren’t as fast and easy (heh) as the pu_syhats. My kids and I are going to try to meet up in DC for the science march.

  81. 81
    amk says:

    At least, one arm of the government is working like it is supposed to. Go courts. The defiance by ‘border control’ agents must be pissing off many judges right now.

  82. 82

    Republicans in Congress can stop this if they want to. Paul Ryan and Mitch McConnell need to be asked to justify this ban, constantly.

  83. 83
    JordanRules says:

    @🚸 Martin: From some people’s perspective, including mine, it’s much easier to interpret these law enforcement folks not acting in accordance with the law. It mimics many everyday interactions with these types of authority figures. There were a lot of stories of them just being assholes which is very familiar to a lot of folks.

  84. 84
    Teddys Person says:

    @🚸 Martin: This, a thousand times this.

  85. 85
  86. 86
    SiubhanDuinne says:

    @🚸 Martin:

    Yup. I’ve also seen multiple accounts of meetings he’s held — including formal editorial board meetings at either NYT or WaPo, can’t remember (maybe both) — in which he would interrupt himself again and again in order to watch himself on a TV monitor. Demonstrates both his NPD and ADD tendencies in one swell foop.

  87. 87
    Chet Murthy says:

    @Mnemosyne: Well, as my friend Deb Hild (PhD Textiles) pointed out several decades ago, it’s all physics, and in fact rather complicated physics. So fighter-plane nosecone fabrication is also in textiles, since it’s carbon fiber (or fiberglass, or fiber-something), and the physics involved descends from the physics of analyzing the properties of woven materials.

  88. 88
    JMG says:

    @JordanRules: Being an asshole in defiance of a court order takes it up a notch or nine. Judges can demand you appear and do things like you, the pig cop, overnight in a holding cell. First rule I learned as a teenager when I worked nights for Teamster local 1107, President Frankie Sheehan, who confessed to being the trigger man on the Hoffa hit, was “the worst thing you ever call a judge is “Your Honor.”

  89. 89
    JordanRules says:

    @Teddys Person: Also cosigning this comment by Martin and the hat tip to Obama’s vision of strength and American exceptionalism!

  90. 90
    Lizzy L says:

    http://www.esquire.com/news-po.....egulation/

    Above; OT but important. Charles P. Pierce wants to talk to you about your money, while you still have some.

  91. 91
    rikyrah says:

    Jesse Lehrich
    ‏@JesseLehrich

    Trump’s new FCC chairman just banned companies from providing subsidized Internet to the poor

  92. 92
    Roger Moore says:

    @JordanRules:

    And my AZ Senators are all about breaking up the 9th circuit.

    They just don’t want to be governed by liberal California judges. Unfortunately, there’s a serious problem with breaking up the 9th Circuit: California. The 9th Circuit is huge mostly because California is huge. California by itself has a substantially larger population than any Circuit other than the 9th. If you split the 9th into a California Circuit and a Rump 9th Circuit, the new California Circuit would still be enormous, have a huge amount of vital litigation, and would be even more liberal than the current 9th Circuit.

    The only other alternative would be to split the 9th so that Northern and Southern California fell into different Circuits. That would be awful, because it would lead to different parts of California having different interpretations of the law, which would necessarily lead to lots of Supreme Court appeals.

  93. 93
    Teddys Person says:

    @JordanRules: I saw pictures and video of the Obamas on their vacation. BHO was rocking a backwards baseball hat and flip flops looking chill. I burst into tears knowing that he displays more grace and dignity without even trying than Lord Dampnuts can dream of displaying at his staged circus events.

    ETA And to torture myself a little more, I watched the “To Sir with Love” tribute from SNL.

  94. 94
    Gin & Tonic says:

    @schrodingers_cat: Thanks.

  95. 95
    rikyrah says:

    Bloomberg Verified account
    ‏@business

    Trump Hotels will open a Scion property in Dallas with the help of foreign investors

  96. 96
    CarolPW says:

    @Mnemosyne:

    I’m an analytical environmental chemist and I used to knit in my undergraduate classes. A bunch of women scientists at the nearby agricultural research station needlepoint during seminars/lectures.

  97. 97
    Roger Moore says:

    @🚸 Martin:

    So don’t put him on the cover. Put some proxy image for him instead. Don’t include a photo in the story, etc.

    Alternatively, use the most unflattering image of him possible. He apparently blows up at pictures that show off his multiple chins. Making him look stupid and ridiculous also helps to undermine his authority.

  98. 98
    chopper says:

    seattle FTW!

  99. 99
    Lizzy L says:

    @rikyrah: Whoa, that sucks frogs. How can we push back against that? Phone calls to the FCC? Suggestions, folks?

  100. 100
    amk says:

    Sweden’s deputy PM trolls the misogynistic pos currently in office.

  101. 101
    Argiope says:

    @CarolPW: I’m just going to confess here & now that I-cords are boring, and also the march is in late April in DC. Much as I love to knit, I’m thinking lab coats, not hats. Maybe in cotton, though.

  102. 102
    Gin & Tonic says:

    Sorry if this has already been posted, but here’s a great pic posted by Sweden’s Deputy PM, Isabella Lövin, trolling our Cheeto.

  103. 103
    Gin & Tonic says:

    Shit, three minutes too late.

  104. 104
    Mnemosyne says:

    So I’m just going to put this civil disobedience idea out into the ether (and in this thread so it’s a little more on the down-low than the one above):

    If the Trump administration did decide to go all Andrew Jackson, and if I were an activist, I would plan to block TSA at every airport in the DC metro area the next time Congress recesses to prevent any Congresscritters from leaving town. Yes, it’s illegal and many people would be arrested. That’s what makes it civil disobedience and not just a protest.

  105. 105

    @amk: LOL. That’s great. Love the very pregnant woman on the right.

  106. 106
    CarolPW says:

    @Argiope:

    I like the beanie with the propeller. It’s a classic. Don’t think I could knit the propeller though.

  107. 107
    Millard Filmore says:

    @Adam L Silverman:

    the Rule of Law will be upheld, and when its coming from a conservative judge, that is cause for optimism

    Eh? Is there an assumption now that conservatives will ignore the rule of law? When I was young, I considered myself a conservative. When I was young, my impression was that conservatives liked the law and liberals were hippies that flouted the law to do their own thing, all over everybody.

    And now the world is turned upside down?

    When I was young, was my head really that far up my ass?

  108. 108
    Mnemosyne says:

    @Argiope:

    Lab coat with a pussyhat. I’m starting to figure out a summer pink hat wardrobe — maybe cotton yarn in a simple lace pattern?

  109. 109
    Gin & Tonic says:

    So the Twitter is telling me that Tillerson is picking Elliott Abrams as Deputy SoS.

    Fun times ahead, kids.

  110. 110
    Roger Moore says:

    @Argiope:

    Much as I love to knit, I’m thinking lab coats, not hats. Maybe in cotton, though.

    Cotton is quite common as a lab coat material, especially where there’s some fire hazard, since synthetics and blends are more flammable. Where there’s a really serious fire hazard, though, the material of choice is Nomex.

  111. 111
    Adam L Silverman says:

    @Lurking Canadian: I am fully aware of the CBP response last weekend and through the week. It is not encouraging. And your comment reads as if instead taking some small comfort here, we should instead be wailing and gnashing our teeth.

    But this is a win for the rule of law. A small win, but an important one. And if the Administration decides it wants to ignore it, create a full fledged constitutional crisis, and try to act as if the Rule of Law does not apply any longer, better sooner rather than later. Better to get it clearly into the open now, than wait until more damage is done. Better to fight it now before the stolen Supreme Court seat is filled.

  112. 112
    Mnemosyne says:

    @Millard Filmore:

    A little bit of Column A, but mostly Column B. Conservatives have always been just as happy to ignore laws they disagree with. See the actions post-Brown v Board of Education, or the various anti-gay antics recently.

  113. 113
    Adam L Silverman says:

    @Gin & Tonic: Yep, I’m monitoring. Also, I see that NATO has put the Serbs into full pucker mode. Which is richly deserved.

  114. 114
    Lizzy L says:

    @Gin & Tonic: Well, he’s got lots of experience. *ducks*

  115. 115
    scav says:

    @CarolPW: Propeller? knit an icord and thread it over a figure-8 wire frame. Attach. Won’t spin (although some sort of button+wire system might even allow that with more experimentation).

    eta, sorry, but at least it’s a lot less icord.

  116. 116
    Adam L Silverman says:

    I’ve just released a first time poster from purgatory. Comment 73. Play nice with your food!

  117. 117
    Gin & Tonic says:

    @Adam L Silverman: I *don’t wanna* live in interesting times.

  118. 118
    Adam L Silverman says:

    @ChrisB: Has to go through the 9th Circuit. That’s the next step up from Judge Robarts’ court.

  119. 119
    GregB says:

    @Gin & Tonic:

    I was assured that Trump was going to be a peace mongering isolationist.

  120. 120
    Mnemosyne says:

    @Adam L Silverman:

    Couldn’t you have found one that wasn’t already brain-dead?

  121. 121
    Argiope says:

    @Roger Moore: Now I want to find yarn made of Nomex. And I thought yak hair was exotic.

  122. 122
    amk says:

    should we start a watch out for the weekend meme?

    #twitlergasm

  123. 123
    Mnemosyne says:

    @Roger Moore:

    I think she meant cotton hats. I can tell you don’t speak fiber.

  124. 124
    randy khan says:

    @Aleta:

    The judge may have a different view than that. After all, they didn’t physically take the visas away; they just declared them to be no good as of the date of the EO.

  125. 125
    🚸 Martin says:

    @Roger Moore: I actually don’t think that works. I think what matters to him is that he was deserving of a photo, even a bad one. That’s what you are trying to deny him.

  126. 126
    Mnemosyne says:

    @Roger Moore:

    Also, in case you didn’t already know, wool is self-extinguishing, so 100 percent wool should also be lab-safe.

  127. 127
    Timurid says:

    Now they’re digging up the mummy of Elliot Abrams… We really are living in a bad movie.

  128. 128
    Mike in NC says:

    @Gin & Tonic: That fucker again?

  129. 129
    SiubhanDuinne says:

    @Gin & Tonic:

    So the Twitter is telling me that Tillerson is picking Elliott Abrams as Deputy SoS.

    Elliott Abrams? The Elliott Abrams who was convicted and then pardoned in the Iran-Contra case? That Elliott Abrams?

  130. 130
    Lizzy L says:

    @Adam L Silverman: I thought all visiting children had to be accompanied by an adult.

  131. 131
    Lizzy L says:

    @SiubhanDuinne: And the little lady wins a kewpie doll! Back to the future!

  132. 132
    CarolPW says:

    @scav:

    I was thinking a fuck-ton of starch, but wire would work. If I put it on my puzzy hat I would have to make sure it cleared the ears.

  133. 133
    Gin & Tonic says:

    @SiubhanDuinne: How many can there be?

  134. 134
    Mike in NC says:

    @Demsrwackos: Fuck off, troll.

  135. 135
    Adam L Silverman says:

    @Demsrwackos: Yes, and I’ve taught it. And I’ve sworn an oath to it. Also, who said I was a Democrat?

    Now to substantially answer your question: 1) Federal Courts do have the power to do what Judge Robarts did. And by the way, Judge Robarts was appointed by President George W. Bush. You may have heard of him – he’s a Republican. 2) Many people were very concerned, across the political spectrum, with President Obama’s Executive Orders. Both because they could be undone by any of his successors or by acts of Congress or stayed through the Federal Courts. And many of them were stayed in the Federal Courts. The difference here is that President Obama actually staffed his Executive Orders for full and proper review. The DOJ’s Office of Legal Council reviewed them. They often sent them for review in Congress. And they were reviewed by the appropriate agencies and departments of the Federal government before they were issued. This isn’t full proof, obviously, as several were stayed by the Federal Courts, but often those seeking those stays had to shop for Federal Judges in very out of the way places – like Bronwsville, TX.

    There is an additional difference here. President Obama issued his EOs either in response to Federal Laws that were passed that then require the Executive Branch to develop and issue regulations to implement. For instance, the Fiduciary Rule that the President indicated today he was going to roll back is the result of a Federal Law passed a little over 6 years ago. That Federal Law required the Obama Administration to develop the regulation and the process for doing so includes multiple rounds of public comment. The result is that it took 6 years from beginning to end to produce a regulation that says your broker can’t enrich himself at your expense. I think that’s a good idea, but your mileage may vary. The or in this either or is that he issued them because the GOP majority in the House and minority through 2014 and then majority in the Senate refused and rebuffed any and all attempts to work with him and their Democratic counterparts. As a result, and because existing Federal Law required that the Executive Branch execute, so to speak, President Obama used EOs. A quick example before I stop: undocumented immigration and deportation. Congress only appropriates enough money to deport 400,000 undocumented immigrants per year. By undocumented I’m referring to those who enter without documentation or who overstay their documented entry/resident period. The former is a misdemeanor with no specified penalty. The latter isn’t even a crime. So the Obama Administration in conjunction with DHS and DOJ developed a policy and rules for who to prioritize: violent criminals, human traffickers, members of gangs and other organized crime groups, things like that. And they maxed out the deportations almost every year. They were then sued in Federal Court in the middle of nowhere Texas after those filing the suit went judge shopping to stop doing this. Because it was Executive overreach. The judge they found agreed it was and issued a stop to one of these EOs. And the Obama Administration observed and accepted the judge’s ruling. Even as they disagreed with it.

    Have a nice night!

  136. 136
    Millard Filmore says:

    @LongHairedWeirdo:

    One person actually argued that, no, it wasn’t FEAR it was ANGER

    So, your friend is into revenge porn!

  137. 137
    LAC says:

    @Adam L Silverman: god bless you for saying this. The ninny brigade is a constant presence here, filling the streets with rendered garments.

  138. 138
    amk says:

    @Adam L Silverman: Now that we have seen the nice Adam, let’s see the hardass Adam.

  139. 139
    SiubhanDuinne says:

    @Gin & Tonic:

    How many can there be?

    All of them, Katie.

    (That line just keeps giving and giving….)

  140. 140
    amk says:

    @Demsrwackos: why only random caps ? whatev happened to them scare quotes? dumb ass.

  141. 141
    SiubhanDuinne says:

    @Mike in NC:
    @Adam L Silverman:

    I have to say, reading your two very different, yet both extremely apt, responses to the new/old troll was quite the experience!

  142. 142
    Shalimar says:

    @Adam L Silverman: You released him from moderation, so now you have to teach him logic or you can’t keep him.

  143. 143
    zhena gogolia says:

    @🚸 Martin:

    Yet they’re not at all scared by all the Bushmasters floating around. It’s so ridiculous.

  144. 144
    zhena gogolia says:

    @Mike in NC:

    Seemed like spoof to me.

  145. 145
    Aleta says:

    The State Department said earlier Friday that it had already revoked some 60,000 visas, so even if the stay survives appellate review, it’s not clear whether many travelers from those countries will be immediately free to enter the country.

    The State Department said today “roughly 60,000 individuals’ visas were provisionally revoked” as a result of Trump’s Jan. 27 executive order barring refugees from seven countries.

    That number is considerably lower than the number given by a Justice Department attorney, who said today in federal court in Virginia that 100,000 visas were revoked as a result of the order, as Carmel Delshad of NPR station WAMU reported.

    Both numbers are considerably higher than the figure provided by the Department of Homeland Security earlier this week. Kevin McAleenan, acting commissioner of U.S. Customs and Border Protection, told reporters on Tuesday that 721 people with visas had not been allowed to board airplanes to the U.S. in the first 72 hours after the order went into effect. An additional 1,135 people with visas were granted waivers to enter the country, he said.

    The 100,000 figure came out during a hearing for two lawful permanent residents from Yemen who filed a lawsuit after arriving at Dulles International Airport last Saturday. The two men allege they were detained and coerced into giving up their immigrant visas before being put on a return flight to Ethiopia, Delshad reported.

    “U.S. District Judge Leonie Brinkema said that it was clear to her the temporary travel ban on seven majority-Muslim countries went into effect too quickly, and not a lot of thought went into it,” and she issued a seven-day extension of a temporary order barring the deportation of green card holders from Dulles Airport, Delshad reported.

    from NPR

  146. 146
    Ruckus says:

    @efgoldman:
    This country certainly has some chickenshit elements. But not everyone is afraid of everyone/everything. I’d imagine the Republican president would be, as he’s fucked over enough of them.

  147. 147
    randy khan says:

    @Aleta:

    This is on CNN’s Twitter feed right now:

    Customs and Border Protection told US airlines that it’s reinstating visas following a federal judge’s halt to Trump’s travel ban

    I sure hope it’s right.

  148. 148
    oklahomo says:

    @zhena gogolia: Anymore, how can you tell spoof from propaganda from stupidity? (Not that these things are mutex.)

  149. 149
    Aleta says:

    @Lurking Canadian: One report of CPB obstruction was in the Daily Beast around 5 days ago:

    For the lawyers at Dulles Airport, Brinkema’s ruling generated a ton of excitement. She ruled that the travelers detained by Customs and Border Protection (CBP) had a right to see lawyers.
    After the ruling came out, lawyers bustled around, filling out forms declaring that detainees were their clients (someone had thought to bring a printer). Any minute, they expected, they would be able to see the detainees and try to help them get into the U.S.
    At this point, it wasn’t clear how many people were detained and which of them were legal permanent residents of the U.S. Lawyers didn’t even know all the names of the people they were trying to help. It wasn’t clear if some detainees had been put back on planes returning to their countries of origin, or if detainees had been shuttled off to immigrant detention centers in Northern Virginia. The travelers were all being held in what’s called “secondary inspection,” referred to as “secondary.” It’s part of the CBP screening process where lawyers are rarely, if ever, allowed to be present.
    But lawyers who spoke to The Daily Beast said it’s also unheard of for government agencies like CBP to prevent people who have the legal right to live in the U.S. from seeing their lawyers. And that’s what was happening.
    After Brinkema’s order came down, and lawyers at Dulles prepared to meet their new clients, the CBP balked, barring these lawyers from seeing their would-be clients.
    Time ticked. Protesters chanted. CBP officials were invisible; for hours, lawyers didn’t know if CBP officials at Dulles had even acknowledged Brinkema’s ruling existed.
    Lawyers wrung their hands. And then, slowly, detainees started trickling out, one or two at a time.
    … (details about detainee treatment)
    As the night wore on, it became increasingly clear that CBP was defying Brinkema’s ruling. Lawyers concluded that that meant someone was in contempt of court. The judge could theoretically send in federal law enforcement officers to force CBP to let the lawyers meet with the detainees. But sending in the U.S. Marshals—who are part of the Department of Justice—to take on Customs and Border Patrol—which is part of the Department of Homeland Security—would have been a bureaucratic clash of the titans. And, like everything else that night, it would have been unprecedented. It didn’t happen.
    Though detainees were slowly being released, lawyers were disturbed that they couldn’t meet with them. What if CBP tried to coerce detainees into signing paperwork that could jeopardize their legal status? Release wasn’t enough. A federal agency was defying a federal judge, and no one was quite sure what to do.
    Then at around 11:45 p.m., New Jersey Senator Cory Booker showed up.
    He had come to get the travelers out of detention, “or at least access to an attorney,” he told The Daily Beast.
    Then he disappeared down a hallway blocked off by police, back to where the CBP officials had quarantined themselves.
    Booker stayed back there for about half an hour, and then he pushed through the crowd of roaring protesters and—flanked by glowering policemen—addressed the crowd. After a few opening words, he held up a copy of Brinkema’s order.
    “I am now of the belief that though this was issued by the judicial branch, that it was violated tonight,” he said. “And so one of the things I will be doing is fighting to make sure that the executive branch abides by the law as it was issued in this state and around the nation. This will be an ongoing battle.”
    The crowd cheered.
    “We see tonight what I believe is a clear violation of the Constitution,” he continued. “And so clearly tonight we have to commit ourselves to the longer fight. Clearly tonight, we have to commit ourselves to the cause of our country. Clearly tonight, we have to be determined to show this world what America is all about.”
    Booker told The Daily Beast that CBP didn’t give him an explanation for why they wouldn’t let lawyers access detainees.
    “They told me nothing, and it was unacceptable,” he said. “I believe it’s a Constitutional crisis, where the executive branch is not abiding by the law.”
    A source familiar with Booker’s exchange with CBP officials told The Daily Beast that officials with the agency refused to see him face to face. Instead, Booker wrote questions on a piece of paper which he handed to police officers, and those officers gave the paper—along with a copy of Brinkema’s ruling—to CBP officials. Those CBP officials then wrote out their answers to the senator’s questions, according to the source. The source described it as a half-written, half-spoken game of telephone.
    It was a surreal moment: An executive agency was defying the ruling of a federal judge, and a U.S. senator was trying—unsuccessfully—to make that agency comply.

  150. 150
    Lizzy L says:

    @randy khan: The Hill and Fox.com are repeating it.

  151. 151
    Ruckus says:

    @rikyrah:
    @Lizzy L:
    Well that settles that. My provider, Charter just raised my rate 50%. I filed a complaint but I’d bet that will get me just about no fucking where. Asshole corporations are going to fuck that golden goose and render most of us far poorer than we are now. I wonder how that will play in their boardrooms when enough of their customers tell them to go fuck themselves. Too bad the greedy fuckers can’t see with their heads up their asses.

  152. 152
    Aleta says:

    @randy khan: That’s great news. I wonder, of those back in the affected countries, especially those far from the airport or out of money, how many hoops they will have to go through. And who will pay for the flights, how much wait to get booked.

  153. 153
    randy khan says:

    @Lizzy L:

    CNN Twitter also is now reporting that the Administration plans to seek an emergency stay of the order. It’s the 9th Circuit, so it may be a tough lift.

  154. 154
    Aleta says:

    @Ruckus: Damn.

  155. 155
    Aleta says:

    @randy khan: Booker: ““I believe it’s a Constitutional crisis, where the executive branch is not abiding by the law.” Separate situation, but do you think the 9th C will see it this way in any aspect?

  156. 156
    Ruckus says:

    @efgoldman:

    They must buy Depends by the carload.

    Yes but I’d bet they have some sort of deviant reasoning.

    Also you misspelled ruin.

  157. 157
    Ksmiami says:

    @Demsrwackos: they were here on vetted visas you know nothing fool

  158. 158
    Ruckus says:

    Why oh why do you all feed the trolls?
    Even a nice Fuck Off Asshole feeds them. They know they’ve pissed you off.
    Just ignore them, they will go away. Eventually. Hopefully.

  159. 159
    randy khan says:

    @rikyrah:

    So, that’s not really right. I work in the telecom biz, and follow this stuff, and actually read the order that came out today because I needed to explain it to somebody. The order rescinds a decision granting a few small companies the right to provide subsidized Internet service to low income households. It’s probably a dumb decision (and eventually the companies probably will be granted the right provide the subsidized service), but most of the subsidized service is provided by much larger companies that are unaffected by the order.

    The decision was part of a Friday afternoon dump of a dozen different decisions, all but one of them reversing things done by the FCC in the last couple of months before inauguration. (The exception was something that the FCC did in 2014, although in practice that particular item was a dead letter already for other reasons.) All of the rest of the decisions were intended to actually reverse what the FCC had done before – including the issuance of two reports, which was pretty stupid. This one was just intended to put the applications filed by the companies back into the queue. (And, I should add, the underlying decision that allowed the applications to be filed was supported by the two Republican commissioners, so I don’t think they intend to undo it.)

    And, yes, the new Chairman of the FCC is this petty. He apparently wasn’t even willing to give the remaining Democratic commissioner a couple of extra days to review the 12 decisions that came out in a spasm this afternoon.

  160. 160
    randy khan says:

    @Aleta:

    It always depends on the judge or judges you get, but the odds in the 9th Circuit do not favor the Trump Administration. Of course, they can try the Supreme Court after that; I don’t know what they would do.

  161. 161
    ChrisB says:

    @Adam L Silverman: Well, yes, if that’s the case they choose to appeal. I’m just wondering, since they apparently cancelled all the visas from those countries (100,000 or so), which may effectively prevent people from entering the country anytime soon without further order of the court, whether there’s a pending case in another circuit as to which they may prefer to take their appeal.

  162. 162
    Adam L Silverman says:

    @ChrisB: Judge Brinkema has ordered that she be provided a list of everyone turned away, who had a visa revoked, and/or detained. My guess is she’s going to order them reinstated.

  163. 163
    randy khan says:

    @Adam L Silverman:

    As noted above, CBP says it’s reinstating the visas, presumably in response to the Washington order.

  164. 164
    Gravenstone says:

    @Adam L Silverman: Boring and not worth the time. Nice thought, though.

  165. 165
    Adam L Silverman says:

    @randy khan: Most likely. So that’s good news too!

  166. 166
    Adam L Silverman says:

    @Gravenstone: Perhaps you’d like to see the bar menu?

  167. 167
    Chet Murthy says:

    @Demsrwackos: So much fail, so few neurons!

  168. 168
    TenguPhule says:

    @Thru the Looking Glass…: Federal Marshals.

    After that, mob violence.

    I wish I was joking.

  169. 169
    TenguPhule says:

    @ChrisB: They ignore it and dare the court to stop them. This Black House of Hate is arrogant enough to try it.

  170. 170
    LAC says:

    @efgoldman: true. That is what happens when you are sifting through comments on a post op narcotic high.
    Hope I spelled gnashing correctly. :)

  171. 171
    opiejeanne says:

    @Demsrwackos: People with green cards or Visas are not illegal. These are people who live here, work here, go to school here, or are visiting family that lives here.
    Illegals don’t come in through immigration at airports.

  172. 172
    Seth Owen says:

    @Millard Filmore: Today’s ‘conservatives’ bear little resemblance to the sober conservatives of our youth.

Comments are closed.