IMMIGRATIONPROF: Dean Kevin Johnson Gives Us The Supreme’s “Immigration Lineup” For Oct. 2107 — It’s Much More Than Just The Travel Ban!

http://lawprofessors.typepad.com/immigration/2017/09/sessions-v-dimaya-oral-argument-october-2-jennings-v-rodriguez-oral-argument-oct-3-trump-v-intl-refugee-assistance-p.html

Dean Johnson writes:

”The Supreme Court will hear four oral argument in four cases in the first two weeks of the 2017 Term. And the cases raise challenging constitutional law issues that could forecever change immigration law. Watch this blog for previews of the oral arguments in the cases.

Sessions v. Dimaya, Oral Argument October 2. The U.S. Court of Appeals for the Ninth Circuit, in an opinion by the liberal lion Judge Stephen Reinhardt, held that a criminal removal provision, including the phrase “crime of violence,” was void for vagueness.

Jennings v. Rodriguez, Oral Argument, October 3. The Ninth Circuit, in an opinion by Judge Kim McLane Wardlaw, found that the indefinite detention of immigrants violated the U.S. Constitution.

Dimaya and Jennings are being re-argued, both having originally been argued before Justice Scalia. One can assume that the eight Justice Court was divided and that Justice Gorsuch may well be the tiebreaker.

The final two immigration cases are the “travel ban” cases arising out of President Trump’s March Executive Order:

Trump v. Int’l Refugee Assistance Project. Oral Argument October 10.

Trump v. Hawaii. Oral Argument October 10.”

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Go on over to ImmigrationProf Blog at the above link where they have working links that will let you learn about the issues in these cases.

PWS

09-18-17

GOP’S ATTACK ON AMERICA: TRUMPCARE WOULD COST 1 MILLION JOBS IN ADDITION TO DEPRIVING 10s OF MILLIONS OF HEALTHCARE!

https://www.washingtonpost.com/news/wonk/wp/2017/07/25/1-million-jobs-on-the-line-as-senate-votes-on-health-care/?utm_term=.985107b8ccae

Heather Lomg writes in WonkBlog in the Washington Post:

“America could lose more than a million jobs if the Senate votes to repeal the Affordable Care Act on Tuesday.

That’s according to a report from George Washington University’s Milken Institute School of Public Health and the Commonwealth Fund.

“This legislation could single-handedly put a big dent in health care job growth,” said Leighton Ku, the lead author of the report and the director of the Center for Health Policy Research at George Washington University.

 

Repealing the law, also known as Obamacare, would dramatically scale back federal funding for health care, especially Medicaid. That translates into job losses as hospitals, retirement homes and other health facilities get fewer dollars.

“We’re talking about one out of every 20 health care jobs disappearing by 2026. That’s a lot,” Ku said.

Much of the debate over the “repeal and replace” of Obamacare has centered on how many Americans would lose insurance. The bill that Senate Republicans proposed would lead to 22 million fewer Americans with health insurance in the next decade, according to the nonpartisan Congressional Budget Office. The House Republican bill would leave 23 million fewer people covered, and a straight repeal of Obamacare would bring the most losses of all: 32 million off insurance, according to the CBO.

 

Job losses, however, get much less attention, despite the fact that health care has been a booming field for job growth. Even during the Great Recession, health care jobs continued to grow. A third of all jobs created in the United States in the past decade have been in health care.”

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Read Heather’s complete article at the link.

Wow! Talk about a morally bankrupt party that has adopted a complete “Begger Thy Neighbor” philosophy!

And, a word about Senator John McCain.

He is a genuine American Hero. I respect his bravery, courage, and dedication to duty in war and in peace and his lifetime of spirited public service. I also wish him well in his battle with brain cancer.

However, his speech on the Seante floor yesterday was totally disingenuous. If he really wanted to stand up to Trump in a spirit of bipartisanship, all he would have had to do is cast his vote against debating the disastrous Trump(we don’t)care proposals. That would have forced the GOP to work across the aisle with Dems to make the needed “tweaks” to fix the generally successful Obamacare program.

However, that would require 1) a bipartisan recognition that Obama was right, and 2) the GOP not doing a victory dance and calling it repeal and replace. That’s how you actually get things done. Consensus requires a position that both parties can publicly support. McCain’s posturing was actually rather pathetic. Actions speak louder than words. On  this occasion, McCain’s actions failed to come anywhere close to matching his rhetoric.

PWS

07-26-17

 

 

 

 

 

Supremes Drop Back, Boot It Deep, J. Gorsuch Calls For Fair Catch, Play To Resume In Fall Quarter! — I.O.W. They “Punted” The 3 Remaining Immigration Cases On The Fall 2016 Docket!

Actually, only two of them”went to Gorsuch,” that is, were set for re-arguement next Fall, presumably because the Justices were tied 4-4. The other case was kicked back to the 9th Circuit to reconsider in light of Ziglar v. Abbasi, the Court’s recent decision on “Bivens actions.” Here’s a link to my prior Ziglar blog:

http://immigrationcourtside.com/2017/06/19/relax-cabinet-members-supremes-say-no-monetary-damages-for-unconstitutional-acts-ziglar-v-abbasi/

You can read all about it over on ImmigrationProf Blog in a short article by Dean Kevin Johnson at this link:

http://lawprofessors.typepad.com/immigration/2017/06/supreme-court-ends-2016-term-with-three-immigration-decisions.html

 

PWS

06-26-17

USG Bid To Max Criminal Deportation Law May Be On The Rocks Before The Supremes!

http://www.latimes.com/politics/la-na-supreme-court-deport-burglars-20170117-story.html

David G. Savage writes in the L.A. Times:

“The law in this area is not entirely clear. Beginning in 1988, Congress ordered deportation for noncitizens who are convicted of an “aggravated felony,” and it cited specific examples such as murder and rape. Later the law was expanded to include a general category of “crimes of violence.” This was defined to include offenses that involve a use of physical force or a “substantial risk” that force would be used.

Judges have been divided as to what crimes call for deportation. Looming over Tuesday’s argument was an opinion written two years ago by the late Justice Antonin Scalia. He spoke for an 8-to-1 majority in striking down part of a federal law known as the Armed Career Criminal Act. It called for extra years in prison for people convicted of more than one violent felony.

In that case, the extra prison term was triggered by the defendant’s possession of a shotgun. In frustration, Scalia and his colleagues said the law was unconstitutionally vague because they could not decide whether gun possession is itself evidence of a violent crime.

“You could say the exact same thing about burglary,” Justice Elena Kagan said Tuesday. A midday burglary of a home could result in violence, she said, but perhaps not if it were an empty garage or an abandoned house. “So it seems like we’re replicating the same kind of confusion,” she said.

Justice Stephen G. Breyer said judges have no way to decide which crimes typically or usually involve violence. “We’re just left guessing,” he said, suggesting a better approach would be “look at what the person did.”

But Deputy Solicitor Gen. Edwin Kneedler said a home burglary poses a risk of violence. And he said the court should defer to the government on matters of immigration. The law, he said, calls for a “broad delegation” of authority to executive officials.

This is the argument government lawyers made in defense of President Obama’s use of executive authority to try to shield millions of immigrants from deportation. It is also the argument that would call for upholding an aggressive deportation policy if pursued by the Trump administration.”

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Interesting juxtaposition here!  The key opinion relied on by the immigrant is an 8-1 decision in Johnson v. United States, 135 S.Ct. 2551 (2015), written by conservative judicial icon Justice Antonin Scalia in which he ripped apart on constitutional vagueness grounds a provision of the Armed Career Criminal Act that is virtually identical to the deportation statute.

The Obama Administration reacted by vigorously reasserting in the lower courts and the Immigration Courts its right to ignore Justice Scalia’s reasoning in the civil deportation context and continue to deport individuals convicted of residential burglary.

But, liberal judicial icon Judge Stephen Reinhardt and one of his colleagues on the Ninth Court of Appeals seized on Scalia’s opinion and applied it to the immigration law to block such deportations.  The Seventh Circuit followed suit, but the Fifth Circuit did not, thereby setting up a “circuit split” — something that often convinces the Supreme Court to exercise its discretionary authority to intervene by granting a “writ of certiorari.”

The case is Lynch v. Dimaya, No. 15-1498 which, as pointed out by David Savage, will soon morph into Sessions v. Dimaya.  Stay tuned for the results!

Did you know that:  The Government’s lawyer in Dimaya, career Deputy Solicitor General Edwin Kneedler, a friend and an outstanding public servant, has argued more than 125 U.S. Supreme Court cases during his distinguished Government career, more than any other living lawyer!  

Wow!  Most lawyers would feel lucky and privileged to argue a single case before the Supreme Court.  I know I sure would.  Just think of the hours of preparation spent in preparing to argue well over 100 cases!  

When I was Deputy General Counsel and Acting General Counsel of the Legacy INS, I used to help the Solicitor General’s Office prepare for oral arguments in immigration cases.  So, I know how intensive the preparation process is.  

At least once, I was asked to sit with the Deputy SG arguing the case at counsel table in the Court.  That was as close as I ever got to appearing before the Court.  

I remember one case that I observed — I can’t remember if I was at counsel table or in the audience — was the immigration classic INS v. Cardoza-Fonseca, 480 U.S. 421 (1987) establishing the generous “well-founded fear = reasonable likelihood” standard for asylum, which I ended up having to apply thousands of times as a trial and appellate judge in the Immigration Courts.  That day, however, we were on the “losing” side of the argument, having presented the case for a more stringent standard.  Nevertheless, I think the Court got it completely right.  

The “winning” lawyer before the Court that day was a young immigration attorney from San Francisco, Dana Marks Keener, now known as Judge Dana Leigh Marks of the San Francisco Immigration Court and the President of the National Association of Immigration Judges.  Since then, of course, Dana and I have become judicial colleagues and great friends.  I often refer to her as “the founding mother of modern U.S. asylum law.”

Small world.

PWS

01/18/17