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“What the government is essentially asking us to do is agree that certain ‘analogous’ state crimes must count as rape and then reverse engineer a definition to make sure they do.”
Sure sounds like the kind of “any reason to deny” (non) logic that has been allowed to flourish at EOIR under Garland. And the 8th Circuit actually sounded pleased to be freed from the necessity under Chevron of inevitably “rubber stamping” the least reasonable, most “pro enforcement” interpretations offered up by the Government under Chevron. Garland could and should have changed that, but chose not to!
Many congrats to the “Youth Brigade” of the NDPA!
Some consider Garland’s failure to hold Trump accountable for January 6 to be his greatest failure. That’s a complex issue clouded by his decision to basically distance himself from the process. Undoubtedly, he was an overly cautious and weak leader!
But, I think history ultimately will see his failure to reform the Immigration Courts and to stand up for the legal and human rights of asylum seekers and other immigrants as his worst shortcomings. It actually continues to cost lives, squander resources, allow lies and negative attitudes toward vulnerable legal asylum seekers to be “normalized,” and help pave the way for Trump 2.0.
Due Process Forever!⚖️
PWS
12-10-24