In a 32-page opinion, United States District Judge Anthony Trenga has rejected the challenge to the second immigration order of the Trump Administration. Trenga in the Eastern District of Virginia found that the challengers in Linda Sarsour v. Donald Trump — were not likely to succeed in their challenge to the March 6 executive order. The ruling is similar to the rejection of a Boston court in the first immigration order. It is also very different in tone and analysis from the decision of Judge Brinkema in this same Virginia district, granting a temporary restraining order in the review of the first immigration order.
This morning I will testify at the confirmation hearing on the nomination of the Hon. Neil Gorsuch to the United States Supreme Court. The hearing will commence around 9 am at the hearing room of Hart 216. Ironically, it is the same room that I litigated much of the Porteous impeachment case before final arguments before the 100 Senators on the Senate floor. Below is my written testimony. Continue reading
We have seen rising violence and intolerance on our colleges and universities as some students seek to prevent speakers and claim an ever-widening array of “microaggressions” and cultural appropriations. The latest occurred during a basketball game where a player was attacked due to wearing braids that 20-year-old Hispanic student, Carmen Figueroa, claimed to be cultural misappropriation.
Last night, U.S. District Judge Derrick K. Watson issued a
temporary restraining order that prevents the second immigration order of President Donald Trump from going into effect on Thursday. The 43-page opinion is scathing and relies not only on the statements of President Trump but the recent statements of his chief aide Stephen Miller. While I respectfully disagree with Judge Watson and view his decision as contrary to the weight of existing case law, the opinion again shows the perils of presidents and their aides speaking publicly about litigation. Political facing saving comments can be case legal damaging comments. Yet, I still believe that Judge Watson relied too much on campaign statements and television interviews to overcome the facial neutrality of the language of the executive order.
It appears that if you are an authoritarian tyrant everyone looks like a Nazi when they oppose your will. Recently, Turkish President Recep Tayyip Erdogan denounced the German government for blocking rallies of Turkish nationals — saying that the decision is “no different to those of the Nazi period.: Erdogan has been widely denounced for his destruction of the secular traditions of Turkey and his attack on free speech and the free press. Erdogan somehow missed the global ridicule of his (of all people) objecting to the denial of free speech. Now, undeterred, Erdogan is denouncing the Netherlands as Nazis after the denied permission for a plane carrying Turkey’s foreign minister to land in the country ahead of a rally supporting his notorious expanded powers.