Executive Redux: Administration Set To Issue New Order On Immigration

donald_trump_president-elect_portrait_croppedWord on the street is that the Trump Administration is prepared to issue a new executive order on immigration.  While I have maintained that the law favors President Trump on this issue and I have been critical of the decision by the Ninth Circuit, I have also maintained that the original executive order was poorly written, poorly executed, and poorly defended.  A second executive order could reset the litigation and cut away a key (and in my view questionable) component of the Ninth Circuit opinion in expressly exempting green card holders.  The new order reportedly does precisely what many of us have suggested while keeping the majority of the prior order.  By retaining the same countries and imposing the same conditions, the new order would protect the Administration politically from allegations that the President has backtracked.  It would also leave the core basis for challenges on the merits of such travel limitations.  I will be speaking on Capitol Hill on Tuesday about the President’s executive order authority at the US Capitol Visitors Center at noon.

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Blanket Ruling: Snuggies Are Not Apparel

unknown-2Much of law can be dry and mundane.  However, there are moments when the law reaches a transcendent truth.  There was the acceptance of war crimes in the Nuremberg trials.  The recognition that separate is not equal in Brown.  This week another milestone has been reached with a decision by Judge Mark Barnett of the United States Court of International Trade.  Barnett has ruled that Snuggies are blankets and not apparel.  The case is Allstar Mktg. Grp., LLC v. United States , Ct. Int’l Trade, 13-00395, 2/10/17.

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WA Supreme Court Rules Against Florist In Gay Marriage Discrimination Case

By Darren Smith, Weekend Contributor

Baronelle Stutzman
Baronelle Stutzman

What so far has proven to be a long ordeal for two men originally wanting only to be provided with a floral arrangement for this upcoming wedding, and also for florist Barronelle Stutzman who asserts her right to religious freedom by denying this service, has now come to another milestone in Washington.

A unanimous ruling by the Washington Supreme Court, the court denied Stutzman and her business, Arlene’s Flowers, INC’s assertions, ruling:

“…Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation.” and therefore held that “the conduct for which Stutzman was cited and fined in this case-refusing her commercially marketed wedding floral services to Ingersoll and Freed because theirs would be a same-sex wedding-constitutes sexual orientation discrimination under the WLAD.” (Washington Law Against Discrimination)

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Day 12: Farewell Hawaii

img_7078Day 12 is my final day on Oahu and my departure to the states. I spent the hours before my flight in a mad search for gifts. It tried last night without success but had more success today. The last roughly two weeks have been an amazing experience in visiting Guam, Saipan, Palau, Tinian, and Hawaii. My greatest hope is that the travel blog might inspire some of our readers to travel this far into the Pacific. It is worth it. Trust me.

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Two Florida Men Arrested After Allegedly Torturing Turtle And Then Attacking Man Who Tried To Save It

urlIn Dayonta Bearch, Gary Blough, a disabled Navy veteran, is recovering from a vicious beatdown. The reason is not a mugging or a personal feud.  Rather, Blough rescued a turtle that was being tortured by two men.  Ryan Ponder, 23, and Johnnie Beveritt, 18, then allegedly jumped Blough as he tried to release the turtle back into the water.

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