Five Ninth Circuit Judges Issue Rare Dissent Rebuking The Panel In Immigration Ruling

Federal Judge In Hawaii Enjoins Second Executive Order

donald_trump_president-elect_portrait_croppedDerrick_Kahala_WatsonLast 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.

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Bad Return: MSNBC Publication Triggers A Wave Of Responses From Mockery To Criminal Allegations

imgresThe build up last night on MSNBC had my phone ringing off the hook.  Rachel Maddow proclaimed “we’ve got the Trump returns.”  It turned out to be just the 2005 filing. Well, not the 2005 filing, the first two pages.  Worse yet, it turned out to be an entirely predictable tax return for a wealthy businessman with tons of deductibles.  It seemed like the tax version of Al Capone’s safe with Geraldo Rivera.  What was particularly odd is that MSNBC was “all in” — even after seeing that there was little there.  Maddow led with a long list of things we want to know from Trump’s tax return.  But none of those things were in the return.  They lined  up experts who seemed a lot like the “weather center” reporters the night before covering the major snow storm in D.C.   Reporters literally showed a dusting on cars in parking lots and spoke breathlessly about the possible storm that never came.  The tax experts were left in the same curious position — discussing what might have been shown.  As a legal commentator, I bowed out.  It was like being called as a seismologists to discuss an earthquake that never happened.  It is certainly true that Trump and Melania paid is a rate of less than 4 percent on their personal income — $5.3 million. However, they paid an additional $31 million under the alternative minimum tax, or AMT.  They used every loophole and tactic to reduce payments but those loopholes were legal and used by many in his tax bracket.

Having said that, the White House and others went too far in raising allegations of criminal conduct by Maddow and MSNBC in reporting on the story. There was also a return to the mantra of the “dishonest media.”  There was nothing dishonest in publishing the return. It was clearly overplayed but it was not dishonest to cover the leak.

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2017 Law School Rankings: Winners and Losers

The new law school ranking are out by U.S. News & World Report and there are the usual winners and losers. Indeed, I have connected to both.  George Washington University, where I teach, is down 6 slots to 30 (the continuation of a trend where GW dropped 3 spots the year before and 2.5 slots that year before that).  Northwestern, my alma mater, was one of the big winners in breaking into the top ten law schools.  While professors overwhelmingly express contempt over the ranking, I have long been in the minority. I view the rankings as very helpful for students. (There was no such resource when I applied to law school).  Moreover, they are generally reliable in my view, though I would disagree with some specific rankings.

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South Koreans Hunting River Rats As A Source Of Bile For Traditional Medicine

At first I thought it was really gross that people in South Korea were wiping out river rats for food. Then I found out that the rats are being sought for their bile.  With bear bile in the short supply due to the overhunting of bears and new national protections, Koreans are turning to river rats as a source of ursodeoxycholic acid.  Rats have an even greater amount of the acid than bears.

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Study: 90 Percent of Coral Reefs Will Be Gone By 2050

We have been discussing the mounting evidence of catastrophic impacts from climate change.  A new report is particularly . . .  well . . . chilling.  Scientists believe that the world has now lost half of its coral reefs in the last 30 years and could lose 90 percent 2050.  It is not just the loss of one of the most unique and beautiful areas of Earth but the impact could be enormous on our food and our environment.  Indeed, these reports show how these losses produce a cascading crisis across ecosystems.  The report comes at a time when the Trump Administration is moving to reduce our commitment to climate change programs and agreements — putting the United States on a collision course with much of the world.

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Ohio Couple Charged After Staging Gruesome Murder As Family Prank

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Micah Risner, 29, and his fiancée Nataleigh Schlette are accused of a truly bizarre crime in Ohio.  Family members received pictures of a grotesque murder scene of Schlette.  Risner then texted his sister to suggest that he had murdered Schlette.  When police were called to the home, they found Schlette alive and the couple admitted that the whole thing was a moronic prank.  The police were not laughing and the couple was charged with “inducing panic.”

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English Woman Gets 30 Months In Jail After 153rd Arrest

1489424665574We have often discussed the difficult challenge in dealing recidivists for DUI and other non-violent offenses.  Margaret Johnson, however, is virtually in a category onto herself.  The 40-year-old  English woman has been arrested 153 times and is called  the “Pickpocket Queen of Birmingham.”

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The Revenants’ Return: Former Obama Officials Shed Earlier Controversies To Denounce Trump Administration

220px-James_R._Clapper_official_portraitJonathan-Gruber-1Below is my column in The Hill newspaper on the reappearance of Obama officials in the contemporary debates over surveillance and health care.  Here is the column.

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Carleton University Ban Scales At School Gym Due To “Triggering” Some Students

Carleton University has students and some faculty upset over a decision to remove scales for its gym because, according to one students, “scales are very triggering” for people with eating disorders.  Some asked if mirrors would be next.  However, that decision was already made in one dorm in  Bucknell University where mirrors were covered  in an effort to promote “body positivity” and “self-love.”  Various schools have similarly adopted “mirrorless Mondays” to combat eating disorders and triggering episodes.

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Gross Criminal: Kentucky Man Pleads Guilty To Scalping His Girlfriend But Tell Judge To Spare Him “The Lecture”

WCPO_Zachary_Gross_1450430175123_28605000_ver1.0_640_480Zachary Gross, 31, may be the least repentant criminals to face a judge at sentencing.  The Kentucky man interrupted the judge during his hearing and told him to spare him the “lecture.”  It was a particularly curious position for a man to take after telling his pit bull to attack his girlfriend,Marilyn Stanley — leading to her being partially scalped by the dog. The horrific attack and its equally horrific aftermath was caused by Gross anger over Facebook postings by  Stanley. If there was anyone in need of a good lecture, it would seem to be Zachary Gross.

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