Sunday, 19 March 2017

Trump's 'Muslim Ban' Mk2 also falls at first judicial hurdle


Massachusetts, New York, Oregon, Minnesota and Maryland joined with the State of Washington in seeking to restrain U.S. President Donald J. Trump’s Executive Order of 6 March 2017 which revised his earlier order of  February 2017.

Along with Hawaii in separate litigation that makes seven states opposing what is colloquially known as Trump’s Muslim Ban.

AP News, 16 March 2017:

HONOLULU (AP) — Hours before it was to take effect, President Donald Trump's revised travel ban was put on hold Wednesday by a federal judge in Hawaii who questioned whether the administration was motivated by national security concerns.

U.S. District Judge Derrick Watson also said Hawaii would suffer financially if the executive order blocked the flow of students and tourists to the state, and he concluded that Hawaii was likely to succeed on a claim that the ban violates First Amendment protections against religious discrimination.

"The illogic of the government's contentions is palpable," Watson wrote. "The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed."…..

The judge issued his 43-page ruling less than two hours after hearing Hawaii's request for a temporary restraining order to stop the ban from being put into practice.

The ruling came as opponents renewed their legal challenges across the country, asking judges in three states to block the executive order that targets people from six predominantly Muslim countries. Federal courts in Maryland, Washington state and Hawaii heard arguments Wednesday about whether it should be allowed to take effect early Thursday as scheduled.

In all, more than half a dozen states are trying to stop the ban.

Watson made it clear that his decision applied nationwide, ruling that the ban could not be enforced at any U.S. borders or ports of entry or in the issuance of visas…..

Court transcript of the temporary restraining order granted can be found here.

Seattle Times, 15 March 2017:

A Seattle federal judge who ruled against President Donald Trump’s first immigrant travel ban has taken another challenge to the president’s revised order under advisement, this one filed by the families of immigrants that have been separated because of the policy.

U.S. District Judge James Robart remained skeptical of the government’s continued claims that the president can bar people from immigrating because of their nationality. Attorneys for the families argued that statutes governing the issuance of immigrant visas specifically prohibit such discrimination.

Robart heard nearly 90 minutes of arguments Wednesday in a lawsuit challenging the travel order filed by several legal immigrants who are separated from their families and who fear the new order will prolong that separation. Their family members all are in various stages of attempting to obtain visas to enter the U.S.

The latest travel ban was set to go into effect at midnight Wednesday. However, a federal judge in Hawaii on Wednesday put the revised travel ban on hold.

Matt Adams, the legal director for the Northwest Immigrant Rights Project, which is spearheading the immigrant-family lawsuit, said the Hawaii order is a godsend for his clients, who will benefit from any delay in the order’s implementation.

Still, he said they will pursue a restraining order of their own.

Robart did not say when he would rule on the suit filed by several immigrants.

Daily Mail 14 March 2017:

Immigrant advocacy groups and the ACLU are suing in Maryland. They will ask a judge there early Wednesday to issue an injunction, saying it's illegal to reduce the number of refugees in the middle of a fiscal year. The lawsuit is broader, but the ACLU expects a ruling on that part of the case even if other aspects of the ban are blocked elsewhere.

The Baltimore Sun, 16 March 2017:

The Washington Post reported that U.S. District Judge Theodore D. Chuang issued a ruling early Thursday, using Trump's own comments against him in deciding the ban was likely unconstitutional.

The Maryland ruling marks another win for challengers of the president's executive order, which had been slated to take effect at 12:01 a.m. Thursday.

Trump expressed his displeasure in a typically dishonest prepared political speech he read from two transparent autocues.


Full speech video at https://youtu.be/z9ghcGzkpZo.

The revised text of the travel ban:


Saturday, 18 March 2017

Quote of the Month


"The general manager was an employee until late this afternoon. I believe his decision is in the best interest for the council and the Clarence Valley. It would not be appropriate for me to make further comments on his resignation."  [Clarence Valley local government councillor Karen Toms quoted in The Daily Examiner, 10 March 2017]

It can't be long now - first meme of the killing season?



Political Tweet of the Month



Friday, 17 March 2017

Are those entitled sods in Canberra getting nervous yet?


Just a reminder on the current political state of play around the nation

Australian Federal GovernmentLiberal-Nationals Coalition, Prime Minister Malcolm Turnbull

Australian Capital Territory GovernmentLabor, Chief Minister Andrew Barr

New South Wales GovernmentLiberal-Nationals Coalition, Premier Gladys Berejiklian

Northern Territory GovernmentLabor, Chief Minister Michael Gunner

Queensland GovernmentLabor, Premier Annastacia Palaszczuk

South Australian GovernmentLabor, Premier Jay Weatherill

Tasmanian GovernmentLiberal-Nationals Coalition, Premier Will Hodgman

Victorian GovernmentLabor, Premier Daniel Andrews

West Australian GovernmentLabor, Premier-elect Mark McGowan

America about to learn how ideology-driven budget & regulatory cuts can play havoc with the natural world and wreck quality of life


Sadly US citizens are about to learn the hard lessons Australians have learnt under the far-right Abbott and Turnbull governments when ideology finally consumed all other considerations.

Mother Jones, 6 March 2017:
President Donald Trump promised during the campaign to get rid of the Environmental Protection Agency "in almost every form." That probably isn't going to happen, but if recent reports are correct, the White House is planning massive cuts to the agency, potentially wiping out up to a quarter of its $8.1 billion budget and eliminating as many as 3,000 jobs.
Cleanup projects, scientific research, and the office responsible for enforcing air quality standards are all reportedly on the chopping block. Any funding related to climate change is at risk of being zeroed out. The Oregonian has a list of 42 EPA cuts outlined in a leaked version of Trump's proposed budget. Not all of these cuts will necessarily be enacted by Congress; a few Republicans, including EPA administrator Scott Pruitt himself, have already balked at some of the proposed reductions to state environmental grants.
Just a few of the presidential actions since 20 January 2017:

Presidential Memorandum on January 20, 2017
Executive Order on January 24, 2017
Presidential Memorandum on January 24, 2017
Presidential Memorandum on January 24, 2017
Presidential Memorandum on January 24, 2017
Statements of Administration Policy on February 07, 2017
Executive Order on February 28, 2017
Statements of Administration Policy on February 28, 2017

The Intercept, 6 March 2017:
MUCH OF THE COUNTRY has been watching in horror as Donald Trump has made good on his promises to eviscerate the Environmental Protection Agency — delaying 30 regulations, severely limiting the information staffers can release, and installing Scott Pruitt as the agency’s administrator to destroy the agency from within. But even those keeping their eyes on the EPA may have missed a quieter attack on environmental protections now being launched in Congress.
On Tuesday, the House Committee on Science, Space, and Technology is expected to hold a hearing on a bill to undermine health regulations that is based on a strategy cooked up by tobacco industry strategists more than two decades ago. At what Republicans on the committee have dubbed the “Making EPA Great Again” hearing, lawmakers are likely to discuss the Secret Science Reform Act, a bill that would limit the EPA to using only data that can be replicated or made available for “independent analysis.”
The proposal may sound reasonable enough at first. But because health research often contains confidential personal information that is illegal to share, the bill would prevent the EPA from using many of the best scientific studies. It would also prohibit using studies of one-time events, such as the Gulf oil spill or the effect of a partial ban of chlorpyrifos on children, which fueled the EPA’s decision to eliminate all agricultural uses of the pesticide, because these events — and thus the studies of them — can’t be repeated. Although it is nominally about transparency, the bill leaves intact protections that allow industry to keep much of its own inner workings and skewed research secret from the public, while delegitimizing studies done by researchers with no vested interest in their outcome.