GONZO’S WORLD: STILL A BIG LOSER! – He’s Gone, But His Scofflaw Positions Continue To Be Hammered By The Real (“Article III”) Courts! – Federal Judges Smoke Illegal “Sanctuary Cities” & “Transgender Troops” Abuses By Administration!

https://apple.news/Aw1vvPVvPTMGBMle4Z4fXow

Sophie Tatum reports for CNN:

US judge rules against Trump administration in suit over policing grants to ‘sanctuary cities’

Updated 5:21 PM EST November 30, 2018
Washington

A federal judge ruled against the Justice Department on Friday in a lawsuit over withholding federal money from so-called sanctuary cities, the latest blow to the Trump administration’s hardline immigration tactics.

The lawsuit challenged the Justice Department’s efforts to punish sanctuary cities by withholding a key law enforcement grant the department said was available only to cities that complied with specific immigration enforcement measures.

In July 2017, then-Attorney General Jeff Sessions announced that applicants for Edward Byrne Memorial Justice Assistance Grants would have to comply with federal immigration enforcement in ways that were unlike years past, like allowing federal law enforcement agents to have access to detainees in jails for questioning about their immigration status.

According to the ruling, the seven states involved in the lawsuit, as well as New York City, had been receiving the grant money since Congress created the fund for the “modern version of the program in 2006,” and the funds “collectively totaled over $25 million.”

“In 2017, for the first time in the history of the program, the U.S. Department of Justice (‘DOJ’) and Attorney General (collectively, ‘Defendants’) imposed three immigration-related conditions that grantees must comply with in order to receive funding,” wrote Judge Edgardo Ramos, of the US District Court for the Southern District of New York, in his ruling.

New York Attorney General Barbara Underwood led the suit and was joined by New Jersey, Rhode Island, Connecticut, Massachusetts, Washington state and Virginia.

Underwood said in a statement on Friday that the ruling was “a major win for New Yorkers’ public safety.” CNN has reached out to the Justice Department for comment.

This isn’t the first ruling of its kind — in April, a panel of three judges from the 7th US Circuit Court of Appeals upheld a ruling in favor of the city of Chicago that blocked the Justice Department from adding new requirements for the policing grants.

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https://thehill.com/regulation/court-battles/419170-judge-refuses-to-hold-or-limit-ruling-on-transgender-military-ban

Lydia Wheeler reports in The Hill:

A federal district court judge on Friday denied the Trump administration’s request to block or limit the scope of a ruling that temporarily prohibits the government from enforcing its ban on transgender people serving in the military.

Judge Colleen Kollar-Kotelly, a Clinton appointee on the U.S. District Court for the District of Columbia, said the court is not convinced the government will suffer irreparable harm without a stay of the court’s October 2017 preliminary injunction.

The government had asked for a stay pending any potential, future proceedings in the Supreme Court. Bypassing normal judicial order, the Department of Justice asked the Supreme Court last week to review the case before the D.C. Circuit Court of Appeals has ruled.

Arguments before the appeals court are scheduled for Dec. 10.

At the very least, the government asked the district court to limit the nationwide scope of the injunction while the court weighs in, but Kollar-Kotelly refused. She said the government had not convinced the court that a more limited injunction is appropriate.

“Without supporting evidence, defendants’ bare assertion that the Court’s injunction poses a threat to military readiness is insufficient to overcome the public interest in ensuring that the government does not engage in unconstitutional and discriminatory conduct,” she said.

“After all, ‘it must be remembered that all Plaintiffs seek during this litigation is to serve their nation with honor and dignity, volunteering to face extreme hardships, to endure lengthy deployments and separation from family and friends, and to willingly make the ultimate sacrifice of their lives if necessary to protect the Nation, the people of the United States, and the Constitution against all who would attack them,’ ” she said.

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Not surprisingly, policies stemming from racism and homophobia being advanced for crass political reasons aren’t doing very well in Federal Courts. There, the judges tend to prefer cogent legal arguments. The latter is something for which Gonzo was never known. Indeed, a number of the biased based positions he advanced in support of the Administration were so outlandish that the judges actually gave the Government additional time to develop a legal rationale. But, that also proved to be time wasted, because there never was any legal rationale for these policies and legal positions. Just hate and bias, and an ignorance of the real meaning of our Constitution.

There’s lots of irony, indeed total absurdity, in Sessions’s audaciously bogus claim that he “stood for the rule of law.” Safe to say that no Attorney General since “John the Con” Mitchell has done so much to undermine our Constitutional system and the real “rule of law.”

PWS

12-03-18

JOSHUA MATZ IN WASHPOST: The Litigating Strategy Of Unrelenting Animus – Will It Eventually Win For The Trumpsters, Even While Destroying Our Legal System?

https://www.washingtonpost.com/opinions/getting-deja-vu-on-trumps-transgender-ban-youre-not-alone/2018/03/27/4e78091e-312e-11e8-8bdd-cdb33a5eef83_story.html

March 27 at 7:14 PM

Joshua Matz is a constitutional lawyer based in the District. He is also the publisher of the legal analysis blog Take Care.

President Trump is hard at work making animus the law of the land. Justice Department lawyers revealed his latest effort Friday night, announcing a revised plan to exclude nearly all transgender soldiers from the armed forces.

As many commentators haveobserved, the reasoning offered to support Trump’s policy is riddled with empirical errors and anti-trans stereotypes. It comes nowhere close to disproving the comprehensive study in 2016 that recommended allowing transgender people to serve openly. Like so many other missives from this White House, it makes only a token effort to conceal the disdain and disgust that underlie it.

Trump’s original “transgender ban” was blocked byfourfederal courts. After two of those rulings were affirmed on appeal, the administration decided against seeking Supreme Court review. It’s therefore safe to assume that Trump’s latest order will not go into effect unless it survives constitutional challenges.

And in thinking about that litigation, it’s hard to escape a feeling of deja vu. A little more than 14 months into Trump’s presidency, a pattern has emerged in cases challenging some of his most despicable decisions.

. . . .

It remains to be seen when and where these arguments will succeed. As a logical matter, there must be some limits. Evidence that Trump originally acted with impermissible motives cannot (and should not) permanently preclude him from making policy.

But that isn’t the situation we confront. Trump has made no effort whatsoever to dispel or deny the aura of animus that envelops so many of his orders. To the contrary, he and his advisers have leaned into the hate. With each passing day, it spreads like a poison.

We thus live in a strange new world, where bigots serve openly and soldiers are forced into closets.

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Go on over to the WashPost at the link for the complete article.
The problem, as noted by Matz, is that our system isn’t designed to deal with unremitting hate and bias from it’s most active, and supposedly most responsible, litigant, the U.S. Government. Usually, after a few “warning shots across the bow,” the Executive gets the picture and changes strategies.
But, led by White Nationalists like Trump and Sessions, this Administration simply “doubles down” on thinly disguised hate and bias motivated policies. At some point, the Article III courts are likely to become both frustrated and exhausted. By continuing to “knock down” bias-based policies and actions, the Article IIIs become part of the political fray, which makes them uncomfortable. Perhaps at that point, they will just start giving Trump & Co. “free passes.” Indeed, some Federal Courts, including perhaps the Supremes, already appear prepared to “punt” on the daily dose of  legally questionable and indecent legal positions spewed forth by this Administration.
PWS
03-29-18