March 2017 – Page 4 – immigrationcourtside.com

TRAC Starts Analyzing “Trump Enforcement Data” — Initial Results Are Inconclusive

http://trac.syr.edu/immigration/reports/462/

“Because of these filing and recording delays, it is too soon to determine overall trends. However, some large shifts in the composition of post-Trump cases are suggestive:

The court is now seeing many more cases where the individual was detained at the time the case is filed, and fewer non-detained cases. See Figure 1.

California, as compared to Texas and New York, are seeing larger numbers proportionately than previously.

The court is receiving fewer cases from individuals who entered the country within the last year, including fewer unaccompanied juveniles and women with children seeking refuge in the U.S.”

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Read the complete report, with charts, at the above link. These results do appear consistent with the Trump initiatives — more detention, fewer cases being referred from the border, more action in major urban areas such as California.

But, as a “rank amateur,” I found the stats too small a sample, too early in the Administration to draw any valid conclusions. In other words, our expectations as set by the Executive Orders might be affecting how we interpret the data.

Thanks to Nolan Rappaport for alerting me to this item.

PWS

03/21/17

MARCH MADNESS: Badgers Haunted, Motivated By Memories Of Last-Minute Meltdown & Loss To Irish In Last Year’s Sweet 16 — Get My “Instant Pregame Mini-Analysis Here!”🏀😎

http://host.madison.com/wsj/sports/college/basketball/men/badgers-men-s-basketball-sweet-loss-to-notre-dame-a/article_b6812401-2cf9-54c3-857c-a546a9eb9b2e.html

Jim Polzin reports in the Madison Cap Times:

“The moment is fresh nearly 12 months later, partly because the pain still lingers for the members of the University of Wisconsin men’s basketball team.

But even if there were a way for the Badgers to wipe the memory of a 61-56 loss to Notre Dame to end the 2015-16 season from their brains, it wouldn’t matter because their coach keeps bringing it up.

“It should stay in their minds since we mention it about every week,” Greg Gard said. “We referred to Notre Dame more than any past opponent, I think, since I’ve been here in terms of how it ended.”

It didn’t end pretty for UW, which self-destructed in the final minute against the Fighting Irish and watched its season come to an abrupt end in the Sweet 16.

The Badgers (27-9) have arrived at the same step on the NCAA tournament ladder a year later. They’ll face Florida (26-8) on Friday night in an East region semifinal at Madison Square Garden in New York.”

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Schmidt’s Instant Pregame Mini-Analysis

In an earlier post, http://wp.me/p8eeJm-tJ I highlighted the factors that could allow Wisconsin to go all the way to the Final Four: experience, inside play, and Bronson Koenig. All three of those strengths were on abundant display in the first two games as the Badgers downed #9 Virginia Tech and then upset #1 Villanova.

The Badgers also minimized two of the three weaknesses that I thought could make them an “early out:” offensive inconsistency and turnovers.

The other factor was horrible free throw shooting. While the Badgers did have horrible free throw shooting (43%) against Villanova, fortunately it didn’t cost them the game. Ironically, Villanova, a much better free throw shooting team (71%) missed a key charity toss down the stretch which would have given them a one point lead and might have changed Wisconsin’s strategy last minute strategy of having Nigel Hayes drive for a two-pointer.

Florida plays tough defense. So, in addition to maintaining offensive consistency and getting continued outstanding play from Koenig, Hayes, Ethan Happ, and Vito Brown, the Badgers will have to hold down the turnovers and sink their free throws to escape the Gators.

Tune in on Friday night @ 10:00 PM on TBS to see what happens, live from Madison Square Garden in NY!

GO BUCKY!

PWS

03/21/17

HuffPost: Speaker Ryan Pumped-Up About The Prospect Of Killing Medicaid, Helping Fat Cats Get Fatter, Forcing Low Income Seniors Into Poor Houses Where They Belong!

http://www.huffingtonpost.com/entry/paul-ryan-obamacare-medicaid_us_58d01716e4b0be71dcf6d5a7

Ryan Grim writes:

“Speaker Ryan and others often argue to governors that a Medicaid per capita cap is about more flexibility (even though states already enjoy expansive flexibility in their Medicaid programs) rather than what it is really about: a way to achieve big federal spending cuts and cost-shifts to states,” Edwin Park, a health policy analyst for the Center on Budget and Policy Priorities, said in an email. “The House bill makes that starkly clear: $880 billion in federal Medicaid spending cuts over 10 years by ending the expansion and imposing a per capita cap without any new flexibility.”

Ryan’s plan would cut taxes by some $275 billion over the next decade, mostly for the rich, and is setting the stage, he told Fox News’ Tucker Carlson, for a much bigger tax cut to come. That’s what’s going on here.

When Ryan refers to seeing “the forest through the trees,” he is arguing to conservatives that they should swallow elements of the Obamacare repeal-and-replace bill that they don’t like in order to seize the once-in-a-half-century opportunity to destroy a major federal entitlement program. Everything else is just trees.

Ryan is right that it is an enormous forest. Some 11 million seniors and people with disabilities are covered by both Medicare and Medicaid, according to a new report from the Kaiser Family Foundation. That’s one in every five Medicare beneficiaries. Forty percent of those are under age 65 with permanent disabilities. Two out of three Medicare beneficiaries who are in nursing homes have their care covered not by Medicare, but by Medicaid. Many who get home-health care are similarly covered by Medicaid.

Social insurance organized by the government is a relatively new phenomenon. Before the New Deal, society dealt the the elderly and infirm by shunting them away in “poorhouses,” or by moving parents in with their children. “I can remember the terror that existed with regard to those county poor farms,” said former Rep. John Dingell Jr. (D-Mich.), who left office in 2015 after serving six decades.

Dingell’s father, also a prominent House Democrat, was an architect of the Social Security Act. It had a tangible benefit to the Dingell home.

“Social Security — this is one of the things of which my dad was very proud — closed 1,100 old folks’ homes in New York. Eleven-hundred. And that was just one example, but it tells you what it did all over the country,” Dingell said in an interview for an article on poorhouses.

Before Social Security, he said, “everybody and his second cousin piled in with their families. I had relatives that came to stay with my dad and mom I didn’t even know were relatives. To tell you the truth, I’m not sure they are. And my grandad on Dad’s side, who threw Dad out of the house, came to live with Dad. Dad was the only one of his kids who’d take care of him. He was, quite frankly, the only one who could afford to do so, because Pop was making a fairly decent living during the war, but he was supporting a whole tribe of Dingells and Selmerses and a whole bunch of others who had other Polish names, but were related.”

Paul Ryan, in fact, got Social Security benefits himself; he was 16 when his father died. “It was a tough time for our family, and Social Security was there to help us when we needed the help,” Ryan has said.

Ryan saved much of to pay for school at Miami University of Ohio, where ― who knows? ― a few dollars of it may have gone to pay for the kind of keg he would crowd around to fantasize with buddies about destroying Medicaid, which was created as part of the Great Society program in the 1960s.”

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The competition for “King of the Swamp” is going to be fierce this year. But, certainly, the Speaker is building his credentials with his unrestrained enthusiasm for shorting the needy to enrich the rich.

PWS

03/21/17

POLITICS: WASHPOST OPINION: DANA MILBANK: Party Of Putin? — GOP Seems Remarkably Unconcerned About Russian Meddling In Our Election!

https://www.washingtonpost.com/opinions/republicans-more-concerned-with-partisanship-than-russian-meddling/2017/03/20/040d66d2-0dba-11e7-9d5a-a83e627dc120_story.html?utm_term=.5ff6291b591

Milbank writes:

“This would be a good time to do something about the red menace of Vladimir Putin’s Russia. Instead, we’re talking about the Red Raiders of Texas Tech.

FBI Director James B. Comey, testifying Monday about his agency’s investigation into Russia’s attempt to tilt the 2016 election to Donald Trump, explained why it was “a fairly easy judgment” that Trump was Putin’s favored candidate: “Putin hated Secretary Clinton so much that the flip side of that coin was he had a clear preference for the person running against the person he hated so much.”

But Rep. K. Michael Conaway (R-Tex.), a senior member of the House Intelligence Committee, was having none of it. “Yeah, that logic might work on Saturday afternoon when my wife’s Red Raiders are playing the Texas Longhorns.” Conaway doubted such reasoning “all the rest of the time.”
So, Putin wanted Hillary Clinton to lose but didn’t want Trump? Maybe he was for Gary Johnson?

Comey tried to be patient. “Whoever the Red Raiders are playing, you want the Red Raiders to win,” he explained. “By definition, you want their opponent to lose.”
Conaway was fourth and long. He scrambled to formulate another question, then punted: “Well, let me finish up then.”

Comey’s testimony confirmed what was widely suspected: The FBI is investigating whether the president’s campaign colluded with a powerful American adversary in an attempt to swing the election. But instead of being shaken from complacency and uniting to make sure this never happens again, the Republican majority on the House Intelligence Committee mounted a reflexive defense of Trump.

The partisan response made it plain that there will be no serious congressional investigation of the Russia election outrage, nor any major repercussions for Russia. We were attacked by Russia — about this there is no doubt — and we’re too paralyzed by politics to respond.

Trump, whose claim that President Barack Obama wiretapped Trump Tower was dismissed by Comey on Monday, continued to fire his weapons of mass distraction Monday morning, tweeting about ties between Clinton and Russia and claiming “the real story” is who leaked classified information.
This is to be expected from Trump. The disheartening part was that most Republicans on the panel, which is supposed to investigate Trump, instead slavishly echoed his excuses.”

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The transformation of the GOP is an interesting experience for baby boomers like me who grew up in the 1950s when the GOP saw a “Red under every bed.”

But, times have changed. Although Putin is a KGB vet and seems to remain wedded to their brutal methods of eliminating opposition, suppressing dissent, and “messing with the heads of the West,” some folks seem to be too busy fretting about the imagined threat to our national security from Syrian refugee children to want any serious inquiry or accounting for what Putin and the Russians are up to in the U.S.

PWS

03/21/17

NYT OP-ED: DAVID LEONHARDT: Web Of Lies!

https://mobile.nytimes.com/2017/03/20/opinion/all-the-presidents-lies.html?em_pos=small&emc=edit_ty_20170321&nl=opinion-today&nl_art=2&nlid=79213886&ref=headline&te=1&_r=0&referer=

Leonhardt writes:

“The ninth week of Donald Trump’s presidency began with the F.B.I. director calling him a liar.

The director, the very complicated James Comey, didn’t use the L-word in his congressional testimony Monday. Comey serves at the pleasure of the president, after all. But his meaning was clear as could be. Trump has repeatedly accused Barack Obama of wiretapping his phones, and Comey explained there is “no information that supports” the claim.

I’ve previously argued that not every untruth deserves to be branded with the L-word, because it implies intent and somebody can state an untruth without doing so knowingly. George W. Bush didn’t lie when he said Iraq had weapons of mass destruction, and Obama didn’t lie when he said people who liked their current health insurance could keep it. They made careless statements that proved false (and they deserved much of the criticism they got).

But the current president of the United States lies. He lies in ways that no American politician ever has before. He has lied about — among many other things — Obama’s birthplace, John F. Kennedy’s assassination, Sept. 11, the Iraq War, ISIS, NATO, military veterans, Mexican immigrants, Muslim immigrants, anti-Semitic attacks, the unemployment rate, the murder rate, the Electoral College, voter fraud and his groping of women.

He tells so many untruths that it’s time to leave behind the textual parsing over which are unwitting and which are deliberate — as well as the condescending notion that most of Trump’s supporters enjoy his lies.

Trump sets out to deceive people. As he has put it, “I play to people’s fantasies.”

Caveat emptor: When Donald Trump says something happened, it should not change anyone’s estimation of whether the event actually happened. Maybe it did, maybe it didn’t. His claim doesn’t change the odds.

Which brings us to Russia.”

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Read what Leonhardt has to say about Trump’s “Russia connection” and more in the full op ed at the above link.

PWS

03/21/17

FLYNN COLEMAN IN GLOBAL CITIZEN: “We Are All Immigrants”

https://community.globalcitizen.org/post/we-are-all-immigrants?utm_source=Iterable&utm_campaign=iterable_campaign_US_Mar_21_2017_citizenship_newsletter_2_actives&utm_medium=email

Coleman writes:

“The immigrants and refugees you see in this country today are the next generations of every single American who is not a Native American. It’s only a temporal difference. Irish, Roman-Catholics, Russians, Poles, Jews, all of the ethnicities of my heritage, have all been discriminated against, turned away, and have made this country a better place. We were all immigrants, refugees, strangers of this land once, until this country said, you are welcome here.

If we truly care about keeping our country safe while protecting the ideals it was founded on, we need to look at what works. Canada has opened its doors to immigrants, and not just on a governmental level. And Canada is seeing more and more people pouring into its borders, including those who have lived in the U.S. for years and are afraid of the new policies. Homeland Security has been told to round up people without papers, and people are panicked and bracing for potential assaults on DACA and Sanctuary Cities as well. Is this our country? People have come together from all walks of life in Canada to sponsor immigrants and refugees. Take a look at how successful that has been, how they speak about people coming to find a safe home in their country, and follow their example. And then read about how we can focus on truly fighting and defeating terrorism in all of its insidious and evil forms.

Then read a story about a Jewish and a Muslim family, who met by happenstance at an airport protest in support of immigrants and refugees. Read about what happened after their children looked at each other as they held signs in support of their neighbors, and then what happened when they shared a meal together.

Once I arrived back home, I walked along the Brooklyn eights Promenade, where the sun was setting behind the Statue of Liberty. I looked out across the water and thought about the millions who passed through Ellis Island to get here, including the very first three, who were children. I thought about those who were accepted, and those who were turned away, and the fact that each one of them has a story and a voice that deserves to be heard.”

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Coleman “is an international human rights attorney, an author, a public speaker, a social entrepreneur and innovator, an educator, and a founder and CEO.” Read her full op-ed at the above link.

PWS

03/21/17

NYT OPINION: DAVID BROOKS: The “American Exodus” Is A Unifying Theme!

https://mobile.nytimes.com/2017/03/21/opinion/the-unifying-american-story.html?em_pos=small&emc=edit_ty_20170321&nl=opinion-today&nl_art=3&nlid=79213886&ref=headline&te=1&_r=0&referer=

“One of the things we’ve lost in this country is our story. It is the narrative that unites us around a common multigenerational project, that gives an overarching sense of meaning and purpose to our history.

For most of the past 400 years, Americans did have an overarching story. It was the Exodus story. The Puritans came to this continent and felt they were escaping the bondage of their Egypt and building a new Jerusalem.

The Exodus story has six acts: first, a life of slavery and oppression, then the revolt against tyranny, then the difficult flight through the howling wilderness, then the infighting and misbehavior amid the stresses of that ordeal, then the handing down of a new covenant, a new law, and then finally the arrival into a new promised land and the project of building a new Jerusalem.

The Puritans could survive hardship because they knew what kind of cosmic drama they were involved in. Being a chosen people with a sacred mission didn’t make them arrogant, it gave their task dignity and consequence. It made them self-critical. When John Winthrop used the phrase “shining city on a hill” he didn’t mean it as self-congratulation. He meant that the whole world was watching and by their selfishness and failings the colonists were screwing it up.

As Philip Gorski writes in his new book, “American Covenant,” which is essential reading for this moment, the Puritans understood they were part of one covenant and had ferocious debates about what that covenant meant.”

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Read the full Brooks op-ed at the link above.

PWS

03/21/17

NYT EDITORIAL: Like Preceding Administrations, Trump Happy To Punish Workers, But Not So Much Employers Who Violate The Laws — Why We Need Sensible Immigration Reform Including Legalization Now!

https://mobile.nytimes.com/2017/03/20/opinion/no-crackdown-on-illegal-employers.html?em_pos=small&emc=edit_ty_20170320&nl=opinion-today&nl_art=0&nlid=79213886&ref=headline&te=1&_r=0&referer=

“President Trump began his campaign assailing immigrants as ruthless lawbreakers who steal American jobs with impunity. To halt them, he has vowed to build a wall along the border with Mexico, hire thousands of new immigration agents, ramp up immigrant detention and subject visa applicants to even more rigorous vetting. His administration has been largely silent, however, about the strongest magnet that has drawn millions of immigrants, legal and not, to the United States for generations: jobs.

American employers continue to assume relatively little risk by hiring undocumented immigrants to perform menial, backbreaking work, often for little pay. Meanwhile, as Mr. Trump’s deportation crackdown accelerates, families are being ripped apart, and communities of hard-working immigrants with deep roots in this country are gripped by fear and uncertainty. As long as employers remain off the hook, a border wall and an expanded dragnet can only make temporary dents in the flows of undocumented immigrants.”

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The truth is pretty obvious. Employers and businesspersons vote and contribute to both parties. And, as we know, “money talks.” It’s also very clear that these workers are fulfilling a continuing need in our economy. So, why not get everyone “on the books,” have taxes withheld, and document them?

While I don’t believe the Administration’s hype about undocumented migrants threatening our national security, I do think that it is a good idea to find our exactly who we have here, get them their own working Social Security numbers, withhold Federal and State taxes, Social Security, and Medicare as appropriate, and run fingerprint and background screening to weed out any serious criminals or genuine security risks.

It’s long past time to ditch the xenophobia campaign and have the parties work together for meaningful immigration reform, including some type of legalization, reasonable and effective enforcement, and an independent U.S. Immigration Court.

PWS

03/20/17

DHS Stonewalls TRAC Request For Detainer Data — Releases Own Reports With Arguably Useless/Misleading Data — Is “Amateur Night At The DHS” Underway?

Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Greetings. Today Immigration and Customs Enforcement issued its first weekly report on detainers that it said had been refused by non-federal law enforcement agencies. Unfortunately, the information ICE released is very limited and selective.

At the same time ICE released its report, the agency has started withholding other more comprehensive detainer-by-detainer information that ICE previously released to the Transactional Records Access Clearinghouse (TRAC) at Syracuse University in response to Freedom of Information Act (FOIA) requests. ICE does not claim the withheld information is exempt from disclosure, it simply claims past releases were discretionary and it is no longer willing to make many of these details available to the public.

Unfortunately, because of these ICE refusals, TRAC is unable to update its online free web query tool that allows the public to view all detainers as well as notices issued to each local law enforcement agency, month-by-month, during both the Bush and Obama Administrations, and then track what happened. TRAC’s apps cover not simply whether a detainer was refused, but whether ICE actually took the person into custody. They also show how often deportation ultimately occurred following the use of a detainer. To view these TRAC online tools see:

Detainers: http://trac.syr.edu/phptools/immigration/detain/
Removals: http://trac.syr.edu/phptools/immigration/remove/

In contrast, the limited information in ICE’s new weekly report makes meaningful comparisons difficult. ICE’s report does not provide any information on how many detainers the local law enforcement agency may have received in total, listing only those that ICE recorded as refused. The public also does not know, for example, how often ICE issued a detainer but then decided not to take the person into custody. Or having taken individuals into custody, found it did not have a legal basis to deport them.

ICE’s report does not provide any information about the content of the detainer itself, or even whether the original detainer request met legal requirements that were outlined in the Department of Homeland Security’s November 2014 memorandum regarding limits on its legal authority to issue detainers.

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563

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Thanks to Nolan Rappaport for passing this along. Sadly, it’s probably just the beginning of what will be a concerted effort by the Administration and DHS to prevent any meaningful statistical analysis of DHS operations, thereby inhibiting real accountability.

PWS

03/20/17

Will Wilkinson In The WashPost: American Cities Are Much Better Places To Live & Work Than The “Trump Crowd” Will Admit — And They Outproduce “Red America” By Almost 2-1!

https://www.washingtonpost.com/posteverything/wp/2017/03/17/why-does-donald-trump-demonize-cities/?utm_term=.f0beb0764db5

Will Wilkinson writes:

“But this is just to repeat that more and more of America’s dynamism and growth flow from the open city. It’s difficult to predict who will bear the downside burden of disruptive innovation — it could be Rust Belt autoworkers one day and educated, urban members of the elite mainstream media the next — which is why dynamic economies need robust safety nets to protect citizens from the risks of economic dislocation. The denizens of Trump country have borne too much of the disruption and too little of the benefit from innovation. But the redistribution-loving multicultural urban majority can’t be blamed for the inadequacy of the safety net when the party of rural whites has fought for decades to roll it back. Low-density America didn’t vote to be knocked on its heels by capitalist creative destruction, but it has voted time and again against softening the blow.

Political scientists say that countries where the middle class does not culturally identify with the working and lower classes tend to spend less on redistributive social programs. We’re more generous, as a rule, when we recognize ourselves in those who need help. You might argue that this just goes to show that diversity strains solidarity. Or you might argue that, because we need solidarity, we must learn to recognize America in other accents, other complexions, other kitchen aromas.

Honduran cooks in Chicago, Iranian engineers in Seattle, Chinese cardiologists in Atlanta, their children and grandchildren, all of them, are bedrock members of the American community. There is no “us” that excludes them. There is no American national identity apart from the dynamic hybrid culture we have always been creating together. America’s big cities accept this and grow healthier and more productive by the day, while the rest of the country does not accept this, and struggles.

In a multicultural country like ours, an inclusive national identity makes solidarity possible. An exclusive, nostalgic national identity acts like a cancer in the body politic, eating away at the bonds of affinity and cooperation that hold our interests together.

Bannon is right. A country is more than an economy. The United States is a nation with a culture and a purpose. That’s why Americans of every heritage and hue will fight to keep our cities sanctuaries of the American idea — of openness, tolerance and trade — until our country has been made safe for freedom again.”

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And, how have the cities and “urban elites” which support and help keep the rest of America afloat been rewarded?

PWS

03/20/17

HAIL, HAIL ROCK & ROLL: IN MEMORIUM: Chuck Berry, “Godfather Of Rock & Roll” — Today’s Rock Stars Owe Him Big Time For His Pioneering Work!

https://mobile.nytimes.com/2017/03/19/arts/music/chuck-berry-rock-innovator.html?emc=edit_nn_20170320&nl=morning-briefing&nlid=79213886&te=1&_r=0&referer=

John Caramanica writes in the NY Times:

“Chuck Berry’s “Roll Over Beethoven” wasn’t the first rock ’n’ roll song, but it was the best and brashest of the genre’s early advertisements. Released in 1956, it opens with a nimble, bendy guitar riff — a prelude to the one that would be perfected a year later, on “Johnny B. Goode” — that serves as an intrusion and an enticement. Then Mr. Berry describes the fever, “the rockin’ pneumonia,” that was soon to grip the country.

“My heart beatin’ rhythm/And my soul keep-a singin’ the blues,” he sang. “Roll over Beethoven/And tell Tchaikovsky the news.”

Plenty of artists would go on to cover “Roll Over Beethoven” — the Beatles streamlined and sweetened it; Electric Light Orchestra distended it into an overlong, pompous shuffle with a snatch of the Fifth Symphony; Paul Shaffer and his band made a sleek version as the theme to the 1992 film “Beethoven,” about a St. Bernard with the composer’s name.

But those covers lacked the panache, the transgressive potential, the unexpected twists and turns of the Chuck Berry originals.

Mr. Berry, who died on Saturday at his home near St. Louis, was the first true rock ’n’ roll superstar. When in his late 20s he emerged from St. Louis onto the national scene, the genre wasn’t yet codified. In its infancy, rock was hybrid music, and Mr. Berry was its most vivid and imaginative alchemist.

From the mid-1950s through the end of that decade, he concocted a yowling blend of hopped-up blues, country and then-emergent rhythm & blues that ended up as the template for what became widely accepted as rock ’n’ roll (though the term predated his rise).”

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Great musician, entertainer, and stage performer whose influence will continue as long as rock and roll is played!

I find it interesting how the “mainstream culture” eventually adopts and idolizes folks like Chuck Berry and Mohammad Ali. In their “heydays,” both were considered dangerous renegades, not cultural idols.

The largely white-driven mainstream America often tried to suppress and deny their achievements and even subjected them to prosecutions that looked more like persecutions. (Regardless of its morality, how many white Rock and Rollers have transported underage girls, and lots of other “illegal stuff,” across state lines for “immoral purposes,” do you think? How many were prosecuted — twice for the same crime in Berry’s case — and sent to prison?) In both Ali’s and Berry’s cases, their careers never completely recovered from their well-publicized legal problems.

Contrast this with the great “outlaw” country singer Johnny Cash (another of my personal favorites) who was “busted” seven times for misdemeanors (if he were an immigrant, he undoubtedly would have been characterized as a “dangerous repeat offender” not fit to live in America) but never spent more than one night in jail.

I have absolutely no difficulty with “mainstream America” recognizing folks like Berry and Ali for their amazing contributions to our world and adopting them as “folk heroes.” To me, it shows why the “cultural wars” being waged today by Trump and the GOP are ultimately doomed to failure.

But, it would be better if in posthumously recognizing great African Americans like Berry and Ali, all of us also acknowledged that contemporary society had it wrong about their contributions and probably treated them unfairly during their “prime of greatness.”

PWS

03/20/17

MARCH MADNESS: WSJ: JASON GAY: Much Maligned Big10 Shines As ACC Tanks — Badgers, Wolverines, Boilermakers Storm Into “Sweet 16,” While Duke, UVA, FSU Stumble!🏀

https://www.wsj.com/articles/my-wisconsin-michigan-revenge-fantasy-1489962628

Fellow Badger grad Jason Gay writes:

“I just wanted to enjoy my Monday. Was it too much to ask? The Wisconsin Badgers are back in college basketball’s Sweet 16 for the fourth straight time, having stunned top-seeded Villanova on Saturday—although I wasn’t the least bit stunned, I told you last week it would happen. I predicted Wisconsin all along. Hey Warren Buffett, where’s my million bucks?

It was even better. Not only did my Badgers win, but now they’re coming here—to New York City, my home, for the remainder of the NCAA men’s basketball tournament East Regional.

I was psyched. Psyched for my alma mater Wisconsin, psyched for an NYC invasion of Badger fans (hide your beer and cheese), psyched to parade into work Monday and be an insufferable doofus to all my Journal colleagues with busted brackets and wounded school pride. I was going to march in there with my giant Starbucks and red Bucky Badger sweatshirt, humming “On Wisconsin” and ruining everyone’s day.

I was going to be unbearable. And love every minute of it.

And then…them. You-know-who.

Michigan.

They’ve made the Sweet 16, too. They stunned two-seeded Louisville on Sunday.

It’s a nightmare.”

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Yeah, it was almost, but not quite, enough to make me want to be back at the Arlington Immigration Court wearing my Bucky Badger tie (incorrectly identified as a “grinning weasel” by my dear former colleague Judge Rodger Harris) and whistling “On Wisconsin” and “Varsity” all day in my chambers and in the corridors of justice. All I can say is:

GO BUCKY!

PWS

02/20/17

THE HILL: N. Rappaport Blasts U.S. Courts For Blasting Trump!

http://thehill.com/blogs/pundits-blog/immigration/324764-federal-courts-upend-legal-precedent-in-blocking-trumps-travel

Nolan writes:

“But the court’s objection to the travel ban, which would impose a 90-day suspension on the entry into the United States of nationals from six countries which were designated by Congress and the Obama administration as posing national security risks, is that President Trump wrote it.

. . . .

Maybe the courts should heed the advice of former Vice President Joe Biden who said last week that President Trump “deserves a chance” to lead the country.”

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PWS

02/20/17

POLITICS/SUPREME COURT: It’s Time For Dems To Stand Up To Their Off-Base Base — The Folks Who Helped Put Trump In Power Now Want to Drive The Opposition Agenda!

http://www.huffingtonpost.com/entry/democrats-supreme-court-neil-gorsuch_us_58ce94cce4b00705db502c82

From HuffPost:

“Democrats know they don’t have the votes to stop Supreme Court nominee Neil Gorsuch from clearing his Senate confirmation hearing, which begins Monday. But they don’t appear to have a strategy, or even the energy, for a coordinated fight against President Donald Trump’s conservative court pick.

Chalk it up to Trump’s chaotic administration, or to Senate Minority Leader Chuck Schumer’s low-key approach. Democrats just haven’t treated Gorsuch’s nomination as the kind of high-profile ideological battle that Supreme Court choices traditionally bring about. Even in the days leading up the hearing, it’s felt more like an afterthought on Capitol Hill.

“I hope the questions are good,” Sen. Dianne Feinstein (Calif.), the ranking Democrat on the Judiciary Committee, told The Huffington Post on Wednesday when asked about her thoughts heading into the hearing. Asked if there are any particular issues she plans to press Gorsuch on, she replied, “Not right now.”

Progressive advocacy groups have been demanding a real fight against Gorsuch, who, as an appellate judge on the U.S. Court of Appeals for the 10th Circuit, built a record of opposing reproductive rights, LGBTQ rights, civil rights, workers’ rights, immigrants’ rights and environmental protections.

Led by NARAL Pro-Choice America, 11 organizations sent a letter to Senate Democrats this month torching them for having “failed to demonstrate a strong, unified resistance to this nominee, despite the fact that he is an ultra-conservative jurist who will undermine our basic freedoms…. We need you to do better.”

They also delivered more than 1 million petitions to the Senate urging Democrats “to oppose Donald Trump’s extreme anti-choice Supreme Court nominee.”

***********************************

Barring something we don’t know yet, Judge Neil Gorsuch will become the next Associate Justice of the U.S. Supreme Court. Yes, he is very conservative. And, yes, he might well vote against some legal positions that Democrats hold dear, like Roe v. Wade.

But, we can hardly know that yet. Funny things happen when Federal Judges get lifetime appointments to collegial courts and are exposed to equally well-qualified jurists with differing views. Whether we admit it or not, as a former member of a “collegial administrative court,” I can say that the views and jurisprudence, as well as the personalities, of the other jurists, do influence, and sometime change, the outcomes of cases.

Moreover, we had an election in which the existing vacancy at the Supreme Court was a major issue brought up by both parties. And, guess what? The GOP won and the Dems lost. Not enough folks in the right places were motivated by the inevitability of a conservative pick to replace the late Justice Scalia to put Hillary Clinton in office.

While I am by no means a fan of the Trump Presidency, I find his nomination of Judge Gorsuch one of his best and most “Presidential” moves yet. Judge Gorsuch is a serious, scholarly, productive Federal Judge with experience working on a collegial court. He certainly seems to be someone willing to engage in judicial dialogue and carefully consider the views of his colleagues — necessary qualities that were not always present in Justice Scalia’s largely polarizing career.

In any event, one would not reasonably have expected President Trump to appoint Judge Merrick Garland or a Justice Sotomayor, Justice Kagan, or Justice Ginsburg “clone” to the Court, any more than we would have expected Hillary Clinton to appoint someone like Judge Gorsuch.

The groups pushing the Dems to engage in futile obstruction of the Gorsuch nomination, and to “punish” those who fail to submit to their demands are the very same disgruntled progressives and former Bernie supporters who failed to turn out the vote in sufficient numbers to beat Trump in places like Wisconsin, Pennsylvania, Michigan, North Carolina, and Ohio, states which had voted for Obama and which should have been, but weren’t, “winners” for Clinton.

Yes, “Obstructionist Politics” worked for the GOP. Big time! But the Dems strength is that they are not the GOP. Trying to turn the Democratic Party into the “Tea Party of the Left” is not going to win elections. And, it’s going to take more than miscues by President Trump to get the Dems back in power. The “expose his flaws” campaign theory was proved to be stunningly unsuccessful in the 2016 election. Doubling down on it is going to be equally unsuccessful.

No, the Dems are going to have to do more than oppose and point out Trump’s many, well-known flaws. They are going to have to come up with better programs that the country can afford and “sell” them to the voters, including some who voted for Trump. So far, I haven’t seen much of that, notwithstanding all the opposition energy that has been generated.

Pushing a futile, highly idealogical opposition to Judge Gorsuch is not the way to present yourself as the “grown-up alternative to Trumpism.” And, it is way past time for the Dems to abandon the practice of both parties of using serious and important Federal judgeships as “political footballs.”

Yes, of course, Democratic Senators should ask Judge Gorsuch tough questions. And, of course, any Senator who feels conscience bound to do so should vote against the nomination. But, for reasons of conscience, not in response to an anti-Gorsuch “campaign” being conducted by some leftist groups.

There is no reason for the Dems to be rude or obstructionist during this confirmation process. Do what you have to do, let Justice Gorsuch take his seat, and start working on some alternative programs to what President Trump and the GOP have proposed. Otherwise, Judge Neil Gorsuch will be just the first of many Supreme Court picks for President Trump and the GOP. And, the Dems will have mostly themselves to blame.

PWS

03/20/17

MARCH MADNESS: Badgers Head to Fourth Consecutive “Sweet 16” After Taking Out Top Seeded Defending Champ Villanova In 65-62 Thriller — Seniors N. Hayes, B. Koenig, & V. Brown Come Up Huge In Clutch As UW Overcomes Late 7 Point Deficit to Win!

BUFFALO, NY — A few weeks ago, some disgruntled Wisconsin fans actually were calling for second-year coach Greg Gard’s head after the Badgers turned in lackluster losing performances against the likes of Ohio State and Iowa. Their once-promising season seemed on the brink of total collapse down the stretch of the Big 10 regular season.

This afternoon, with 5:07 remaining in a “Round of 32” game, and the Badgers trailing by 7 points, it looked like their season was over notwithstanding a valiant effort against the defending NCAA Champs. After all, stars Bronson Koenig and Ethan Happ were both saddled with foul trouble, and Villanova, led by superstar senior guard Josh Hart (19 pts) and freshman sensation guard Donte DiVincenzo (15 pts), was pulling away for the kill.

But, the battle-tested Badgers weren’t yet ready to depart the dance. They rallied behind their senior leaders.

With ice water in his veins, Koenig (17 pts, 2-6 3-pt) drilled a 3-pointer to put the Badgers up 62-59 late. However, a bad exchange between Koenig and senior forward Nigel Hayes resulted in a turnover allowing the Wildcats to pull even at 62.

Then, the “play of the game!” Coming out of a time-out, Hayes (19 pts, 8 rebounds) drove the baseline and made a spectacular “Michael Jordan type” reverse layup to put the Badgers up 64-62 with 11.4 seconds to go. But, the champs were’t ready to go down. 11.4 seconds is an eternity in March Madness.

Villanova got the ball to Hart who, with Koenig and Happ having to play off with four fouls apiece, drove for a sure-fire tying layup. But, he didn’t count on Badger senior forward Vito Brown, who had broken out of a severe shooting slump by draining 3 of 6 three pointers. Brown stripped Hart, and then was fouled on the play with 3.4 seconds remaining.

Brown hit the first free throw (insuring the Badgers at least a tie). After missing the second, he hustled down to the baseline to help Hayes bottle up Villanova and prevent any chance of a last second shot as time ran out. Brown, a talented singer, also performed (pre-recorded) during the NCAA/CBS TV “lead in” to today’s game!

The #8 seed Badgers had triumphed! Amid the heroics of Hayes, Koenig, and Brown, the great effort by Happ, who added a huge 12 points and 8 rebounds despite playing most of the game in foul trouble and senior Zach Showalter who had several key defensive plays should not be forgotten.

The classy Wildcats and their even classier coach Jay Wright finish the season at 32-4. And, at least for the next week so, the voices in Madison calling for Greg Gard’s ouster have been silenced.

The Badgers thus head for their fourth consecutive “Sweet 16,” their sixth in seven seasons. The Badgers (27-9) will take on the #4 Florida Gators (26-8) from the SEC in Madison Square Garden, NY. “Badgers v. Gators” — a match of two of the most dangerous and ferocious animals known to man (forget that “smiling Teddy-bear version” of Bucky that I post below. That’s just to throw Bucky’s opponents off.) Game time is 10:00 PM Friday on TBS, with a trip to the “Elite Eight” at stake. Don’t miss it!

GO BUCKY!

PWS

03/18/17

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