"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
HE’LL BE EVEN WORSE THAN YOUR WORST NIGHTMARE: VANITY FAIR’S BESS LEVIN WITH THE LOWDOWN ON JUDGE BRETT KAVANAUGH — Wonder If Being Eaten On The Job Is An Occupational Hazard For A Supreme?
One fun example of the conservative judge’s take on workers’ rights is his dissent—the only one—in a case involving the SeaWorld trainer who was eaten by a killer whale during a performance in 2010, the third time the whale had been “involved in a human death.” While his colleagues upheld a prior ruling that the theme park had violated safety standards by “exposing . . . trainers to recognized hazards when working in close contact with killer whales during performances,” Kavanaugh thought that was bullshit, writing that lots of sports are dangerous, but that doesn’t mean the Labor Department should use its authority to implement regulations aimed at minimizing the chances that trainers will be eaten in full view of paying customers. “When should we as a society paternalistically decide,” Kavanaugh asked, “that the risk of significant physical injury is simply too great even for leager and willing participants? And most importantly for this case, who decides that the risk to participants is too high?” Presumably B-Kavs, as we imagine his fellow Yalies called him, also believes that coal-mining companies shouldn’t have to comply with onerous rules intended to prevent mine collapses—because those miners know what they’re signing up for, dammit.
Unsurprisingly, Kavanaugh’s take on the SeaWorld incidentdidn’t go over well with labor unions and workers’-rights groups, many of which have opposed his nomination. (“Judge Kavanaugh routinely rules against working families, regularly rejects the employees’ right[s] to receive employer-provided health care, too often sides with employers in denying employees relief from discrimination in the workplace, and promotes overturning well-established U.S. Supreme Court precedent,” AFL-CIO President Richard Trumkasaid in a statement.) But his opinion that trainer Dawn Brancheaubasically had it coming is just one of many that scare people who value things like workers’ rights, clean air, and consumer protection.
It’s also one of many items on Kavanaugh’s résumé that the administration is touting to the business community, in the hopes that it will help push his nomination through, per Politico:
The White House on Monday immediately played up Brett Kavanaugh’s pro-business, anti-regulation record and is asking industry trade groups for help pushing his confirmation through the Senate . . . With Republicans holding only a sliver of a majority in the Senate, deep-pocketed business groups could have enough influence, especially in an election year, to help swing votes in Kavanaugh’s favor.
In a one-page document, which was obtained by Politico, the White House wrote that Kavanaugh has overruled federal regulators 75 times on cases involving clean air, consumer protections, net neutrality, and other issues. Most recently, in PHH Corp. v. Consumer Financial Protection Bureau, he favored curtailing the power of independent federal regulators.
“Judge Kavanaugh protects American businesses from illegal job-killing regulation,” the White House bragged in its e-mail, adding that “Kavanaugh helped kill President Obama’s most destructive new environmental rules,” and has “led the effort to rein in unaccountable independent agencies.” Indeed, the nominee has in fact written that “independent agencies pose a significant threat to individual liberty and to the constitutional system of separation of powers and checks and balances.” In a 2016 appellate-court case, he said that the Consumer Financial Protection Bureau was “unconstitutionally structured,” because its director cannot be fired by the president without cause, suggesting that, should it come to it, he’ll grant Acting Director Mick Mulvaney’s lifelong dream of seeing the agency burned to the ground.
Watch Now:
Michael Douglas Breaks Down His Career, From “Wall Street” to “Ant-Man”
Elsewhere, critics say that Kavanaugh’s time on the bench has been marked by “hostility to federal regulatory agencies trying to protect the environment.” According to Bill Snape,a senior counsel with the Center for Biological Diversity, Kavanaugh “sides with industry, he sides with deregulation, he sides with those who would have science be in retreat. He has been a dark force on the D.C. Circuit and now seems to have the opportunity to bring his bag of tricks to the Supreme Court.”
All of which, obviously, makes him the perfect candidate for Trump. Just something to remember should you work in an environment where you could be construed by colleagues as a tasty snack.
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Trump has no idea how NATO works
Here’s what the president of the United States tweeted on Tuesday, one day before the summit in Brussels:
In fact, that’s not how the alliance works at all. Members do not pay the United States, hence they cannot be “delinquent for many years in payments,” nor should they “reimburse the U.S.” Rather, as President Twitter is seemingly unaware, NATO is a collective defense organization whose members agree to defend one another in response to an attack by an outside party. While it was agreed that members will increase their defense spending levels to 2 percent of their G.D.P., they said they would do so by 2024, not whatever earlier date Trump has in mind. As is the case with most instances of the president saying or tweeting things that are factually inaccurate, one cannot, as New York’s Jonathan Chaitwrites, “rule out the possibility that Trump lacks the mental capacity to understand the basic form of America’s most important alliance.” But given his apparent hatred of NATOand desire to pull out of any multilateral agreements signed before he took office, it’s equally possible that, as Chait writes, Trump is “choosing not to understand this, so that he can precipitate a fissure within the alliance.”
Of course Rudy Giuliani is working for foreign clients while serving as the president’s lawyer
Giuliani said in recent interviews with The Washington Postthat he is working with clients in Brazil and Colombia, among other countries, as well as delivering paid speeches for a controversial Iranian dissident group. He has never registered with the Justice Department on behalf of his overseas clients, asserting it is not necessary because he does not directly lobby the U.S. government and is not charging Trump for his services.
His decision to continue representing foreign entities also departs from standard practice for presidential attorneys, who in the past have generally sought to sever any ties that could create conflicts with their client in the White House.
“I’ve never lobbied him on anything,” Giuliani told the Post,referring to Trump. “I don’t represent foreign government in front of the U.S. government. I’ve never registered to lobby.” Among the ex-mayor’s clients is the Mujahideen-e-Khalq, a.k.a. MEK, an Iranian resistance group that the State Department listed as a terrorist group as recently as 2012, from whom Giuliani said he has regularly received payments for the past decade.
Carrie Menkel-Meadow, a legal-ethics professor at University of California-Irvine told the Post that, obviously,it’s not a great idea for a lawyer serving the president to have foreign business clients because of the high probability they’ll have opposing interests. “I think Rudy believes because he is doing the job pro bono the rules do not apply to him,” she said, “but they do.”
Oops: the tax cuts might not juice the economy at all
Of course, given that this analysis is coming from economists at the Federal Reserve Bank of San Francisco, we assume anyone on Team Tax Cuts will write it off as pinko claptrap:
The tax cuts Republicans enacted in late 2017 will likely provide less of a boost to economic growth than many forecasters predict—and possibly none at all—economists at the Federal Reserve Bank of San Francisco said Monday.
That’s because the changes took effect at a time when the economy was already firing on all cylinders. As a result, there are fewer unemployed workers, spare resources, and idled factories ready to kick into action than there would have been during a downturn.
Citing a bevy of recent research, economists Tim Mahedyand Daniel J. Wilson said fiscal stimulus measures tend to make a bigger splash when there is more slack in the economy.
“The projected procyclical policy over the next few years may raise concerns regarding the nation’s fiscal capacity to respond to future downturns and its ability to manage the growing federal debt,” Mahedy and Wilson wrote. “However, it also has important implications for the macroeconomic impact of the fiscal stimulus represented by the [tax law] and the consequent increase in the deficit.”
Sell-side analyst chooses road less traveled in resigning from job
An irate sell-side analyst appears to have chosen a memorable way to resign—by uncorking a champagne bottle and spraying it around his boss’s office and then pouring the bubbly on the floor around the rest of the office.
A video of the after-hours rampage was posted to an Instagram account belonging to Francesco Pellegrino,formerly of Sidoti & Co.
Music is heard in the background of many of the video’s clips, including Whitney Houston’s “How Will I Know” and Marky Mark and the Funky Bunch’s “Good Vibrations.”
Pellegrino did not return the Post’s requests for comment. When asked about the office trashing, Sidoti said, “I don’t even know how to respond,” before hanging up.
Elsewhere!
Hedge Funds Facing Trump’s Trade War Crossfire Feel the Pain (Bloomberg)
McKinsey Ends Work With ICE Amid Furor Over Immigration Policy (N.Y.T.)
Elliott Management launches action to take control of AC Milan (Reuters)
Swiss Say 1MDB Used as Ponzi Scheme to Bribe Officials (Bloomberg)
Credit Suisse’s Paul Dexter Departs Firm After Intern Investigation (Bloomberg)
Elon Musk doesn’t like being called a billionaire (Twitter)
Morgan Stanley C.E.O. Candidate List Takes Shape with Promotions (Bloomberg)
Man solves 2,474 Rubik’s cubes one-handed in 24 hours (UPI)
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Yup. Standing up for the rights of the already overprivileged against the vulnerable masses. This Dude should make mincemeat out of the Bill of Rights. After all, the Founding Fathers wanted to protect corporations against the actions of individuals.
I can hardly wait for him to uphold reparations for the tea merchants so grievously harmed by those rowdy “patriots” during the highly illegal “Boston Tea Party.”
It was an outrageous assault on commerce, stability, private property, the rule of law, and societal order, as well as an affront to investors and the privileged! If anyone ever deserved to be eaten by Killer Whales, it was those lawless and scummy “Tea Partiers!”
B-Kavs is certainly a judge for whom common sense, humanity, reason, facts, and the US Constitution will never get in the way of protecting corporate privilege and GOP political interests. And, he’ll still be meting out injustice and inequality long after I’m gone.
