#steve-vladeck — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #steve-vladeck, aggregated by home.social.
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Lazy Caturday Reads
Good Afternoon!!
Raphael Balme, Three cats and wallpaper.
I’m feeling slightly more optimistic after Tuesday’s Democratic sweep of off-year elections. According to the polls, Trump is very unpopular, and I have to believe that his efforts to avoid giving food to starving Americans are not going to help him. Democracy is still in danger, but it is beginning look as if there’s still hope for saving it.
Julia Manchester at The Hill: Trump approval drops as Dems show more motivation for midterms: Poll.
President Trump’s approval rating is dropping as Democrats signal more motivation than the GOP ahead of next year’s midterm elections, according to a new Emerson College Polling survey released on Friday.
Forty-one percent of voters said they approved of the job Trump is doing as president, a four-point drop from Trump’s October approval rating of 45 percent. Forty-nine percent of voters said they disapproved of Trump’s job in office, up from 48 percent last month.
Meanwhile, the same poll found that 71 percent of Democratic voters said they were motivated to vote in next year’s midterm elections compared to 60 percent of Republicans. Forty-two percent of Independents said the same.
Fifty-seven percent of all voters said they were more motivated to vote than usual, while 12 percent said they were less motivated. Thirty-one percent said they were motivated as usual ahead of the midterms.
The polling comes after Republicans suffered losses to Democrats in Tuesday’s off-year elections, which were seen as a referendum on the first year of Trump’s second term in office….
The same poll found that 43 percent of voters said their vote in the midterms would be an expression of opposition to Trump, while 29 percent said their vote would be an expression of support.
The Emerson College national poll was conducted Nov. 3-4 among 1,000 active registered voters. The margin of error is plus or minus three percentage points.
Here’s the full report from Emerson College polling.
I’ve been listening/watching regularly to a Daily Beast podcast called Inside Trump’s Head.” The show consists of interviews with journalist Michael Wolff, who has written 3 books about Trump. You can watch it on YouTube. Wolff is not only an expert on Trump (and Jeffrey Epstein), but also has numerous sources inside the Trump circle. In addition, he is often funny.
Robert Davis at Raw Story: ‘Measure of optimism’: Analyst predicts ‘end of Trump’ after Democratic election wins.
Controversial journalist Michael Wolff made a bold prediction about the future of the second Trump administration on Thursday during a new podcast interview.
Wolff joined The Daily Beast’s Joana Coles on a new episode of “Inside Trump’s Head” that aired on Thursday, where the two discussed what Tuesday’s election results mean for President Donald Trump. Democrats won a spate of key races, including two governor’s offices and a host of statewide offices.
By Timothy Matthews
Trump and Republicans like Speaker Mike Johnson (R-LA) have tried to brush off the Democratic victories. Wolff argued that they reveal a troubling trend for the Trump administration.
“Let’s look at that in the context of we are not today in an autocracy and [with] a measure of optimism, which is that we’ve just spent a year since last Election Day with Trump as this omnipotent figure in politics,” Wolff said. “And while I would not say that today spells in any way the end of Trump, I would say that the end of Trump could well happen.”
Leading up to Tuesday’s election, Trump shared multiple social media posts attempting to help his preferred candidates win. However, Trump-aligned and Trump-backed candidates did not fare well in the election.
“That’s what happens in American politics,” Wolff continued. “That’s one of the great things in American politics. Reversals, landslides. Things that you would not dream of happening, happen.”
“This has been a horrifying year of Trump, and without any sense that anyone could stand in his way,” he continued. “But in American politics, that’s what happens. You think these people are permanent, and it turns out that they are fleeting.”
Late last night, Justice Ketanji Brown Jackson allowed Trump to continue withholding full SNAP payments to the states after an appeals court ordered the payments to begin immediately.
Jennifer Ludden at NPR: Supreme Court temporarily blocks full SNAP benefits even as they’d started to go out.
The U.S. Supreme Court temporarily granted the Trump administration’s request to block full SNAP food benefits during the government shutdown, even as residents in some states had already begun receiving them.
The Trump administration is appealing a court order to fully restart the country’s largest anti-hunger program. The high court decision late Friday gives a lower court time to consider a more lasting pause.
The move may add to confusion, though, since the government said it was sending states money on Friday to fully fund SNAP at the same time it appealed the order to pay for them.
Shortly after U.S. District Judge John McConnell Jr. issued that decision Thursday afternoon, states started to announce they’d be issuing full SNAP benefits. Some peoplewoke up Friday with the money already on the debit-like EBT cards they use to buy groceries. The number of states kept growing, and included California, Oregon, Wisconsin, Pennsylvania and Connecticut among others.
The Supreme Court’s decision means states must, for now, revert back to the partial payments the Trump administration had earlier instructed them to distribute. While the U.S. Court of Appeals for the First Circuit rejected the administration’s request for an administrative stay, the appeals court said it would consider the request for the stay and intends to issue a decision as quickly as possible.
SCOTUS whisperer Steve Vladeck quickly published an explainer at One First: SNAP WTF?.
Basically, Vladeck thinks that Jackson knew that if she didn’t issue the hold, the 5 right wing justices would go along with Trump’s wish for an administrative hold, and it might take a long time for them to get around to making a final decision on the SNAP payments.
I wanted to put out a very brief post to try to provide a bit of context for Justice Jackson’s single-justice order, handed down shortly after 9 p.m. EST on Friday night, that imposed an “administrative stay” of a district court order that would’ve required the Trump administration to use various contingency funds to pay out critical benefits under the Supplemental Nutrition Assistance Program (SNAP).
Willem den Ouden (NL 1928) Ferry with cat
It may surprise folks that Justice Jackson, who has been one of the most vocal critics of the Court’s behavior on emergency applications from the Trump administration, acquiesced in even a temporary pause of the district court’s ruling in this case. But as I read the order, which says a lot more than a typical “administrative stay” from the Court, Jackson was stuck between a rock and a hard place—given the incredibly compressed timing that was created by the circumstances of the case.
In a world in which Justice Jackson either knew or suspected that at least five of the justices would grant temporary relief to the Trump administration if she didn’t, the way she structured the stay means that she was able to try to control the timing of the Supreme Court’s (forthcoming) review—and to create pressure for it to happen faster than it otherwise might have. In other words, it’s a compromise—one with which not everyone will agree, but which strikes me as eminently defensible under these unique (and, let’s be clear, maddening and entirely f-ing avoidable) circumstances.
Everyone agrees that, among the many increasingly painful results of the government shutdown, the U.S. Department of Agriculture (USDA) can no longer spend the funds Congress appropriated to cover SNAP—a program that helps to fund food purchases for one in eight (42 million!) Americans. Everyone also agrees that there are other sources of appropriated money that the President has the statutory authority to rely upon to at least partially fund SNAP benefits for the month of November. The two questions that have provoked the most legal debate is whether (1) he has the authority to fully fund SNAP; and (2) either way, whether federal courts can order him to use whatever authorities he has.
The dispute in the case that reached the Supreme Court on Friday involves a lawsuit that asked a federal court in Rhode Island to order the USDA first to partially fund SNAP for November, and then, as circumstances unfolded, to fully fund it. Having already ordered the USDA to do the former, yesterday, Judge McConnell issued a TRO ordering it to do the latter (to fully fund SNAP for November)—and to do so by the end of the day today.
I won’t quote anymore, but I hope you’ll go read the explanation. Vladeck thinks that Jackson did the right thing under the circumstances, because she wants to make sure that the full court debates the case and makes a decision quickly. Vladeck also notes that Trump could just approve payment of the SNAP benefits. There’s no need of a court order. Democrats should make sure people understand that Trump is willing to starve children and old people in order to get his way on the shutdown and the cruel cuts in his big ugly bill.
Meanwhile, Democrats have offered a new proposal to reopen the government. NBC News: Democrats make a new offer to end the shutdown, but Republicans aren’t buying it.
Senate Democrats made an offer Friday to reopen the government, proposing a one-year extension of expiring Affordable Care Act subsidies alongside a package of funding measures in order to secure their votes.
By Kichisaburou Hirota
The offer, rolled out on the floor by Senate Minority Leader Chuck Schumer, D-N.Y., includes a “clean” continuing resolution, which would reopen the government at current spending levels, and a package of three bipartisan appropriations bills to fund some departments for the full fiscal year.
“After so many failed votes, it’s clear we need to try something different,” Schumer said, calling it “a very simple compromise.”
The short-term health care funding extension would prevent a massive increase in insurance costs for millions of Americans on Obamacare next year. In addition, Democrats proposed creating a bipartisan committee to negotiate a longer-term solution.
“This is a reasonable offer that reopens the government, deals with health care affordability and begins a process of negotiating reforms to the ACA tax credits for the future,” Schumer added. “Now, the ball is in the Republicans’ court. We need Republicans to just say yes.”
Senate Majority Leader John Thune, R-S.D., called the Democratic offer a “nonstarter.”
“The Obamacare extension is the negotiation. That’s what we’re going to negotiate once the government opens up. … We need to vote to open the government — and there is a proposal out there to do that — and then we can have this whole conversation about health care,” he said.
Yeah, no. Republicans can’t be trusted to honor their promises. Trump has started trying to get Republicans to get rid of the filibuster in order to reopen the government. Theodoric Meyer at The Washington Post: Trump wants to abolish the filibuster. GOP senators aren’t on board.
Senate Republicans have largely backed President Donald Trump’s agenda since he returned to office — but many refuse to support his campaign to scrap the filibuster.
Trump asked Republican senators at a meeting at the White House on Wednesday to end the government shutdown by getting rid of the filibuster and reiterated his demand Thursday at a news conference.
By Tatyana Rodionova
The filibuster, a long-standing Senate rule, allows a single senator to block most legislation unless 60 senators vote to cut off debate. Democrats have used the filibuster to block Republicans’ government funding bill for more than a month despite Republicans’ 53-seat Senate majority.
Some Senate Republicans returned from the White House saying they were open to ending the filibuster. But doing away with the rule would require the support of almost every Republican senator — and Senate Majority Leader John Thune (R-South Dakota) and many other Republicans say they are implacably opposed to it.
“There’s nothing that could move me on the filibuster,” Sen. Thom Tillis (R-North Carolina) told reporters Wednesday after the White House meeting.
Senate Republicans’ unwillingness to scrap the filibuster underscores the limits of Trump’s influence in his second term, during which lawmakers have been reluctant to defy him.
There is quite a bit of immigration news out there today.
A federal judge in Oregon on Friday issued a permanent injunction barring the Trump administration from deploying the National Guard on the streets of Portland in response to protests against the president’s immigration policies.
“This Court arrives at the necessary conclusion that there was neither ‘a rebellion or danger of a rebellion’ nor was the President ‘unable with the regular forces to execute the laws of the United States’ in Oregon when he ordered the federalization and deployment of the National Guard,” U.S. District Judge Karin J. Immergut, who was appointed by President Donald Trump in his first term, wrote in her ruling.
The Trump administration can appeal the ruling if it wants to.
Oregon Gov. Tina Kotek responded to the ruling Friday, calling Trump’s move to federalize the guard “a gross abuse of power.”
“Oregon National Guard members have been away from their jobs and families for 38 days. The California National Guard has been here for just over one month. Based on this ruling, I am renewing my call to the Trump Administration to send all troops home now,” Kotek said.
California Attorney General Rob Bonta, whose justice department argued in the case objecting over his state’s National Guard’s deployment, called the decision “a win for the rule of law, for the constitutional values that govern our democracy, and for the American people.”
There are a number of immigration stories coming out of the Broadville neighborhood in Chicago where there is a large ICE facility.
Adrian Carrasquillo at The Bulwark: ICE Has Created a ‘Ghost Town’ in the Heart of Chicago.
DHS’S IMMIGRATION ENFORCEMENT ACTIONS continue to land like hammer blows on communities across the United States. Families are being torn apart, protesters are catching pepperballs, businesses are at risk, and, increasingly, entire neighborhood economies in areas with large Latino populations are grinding to a halt.
The worst consequences occur when these different aspects of the Trump administration’s deportation regime overlap. Case in point: Chicago’s food scene, specifically the capital of the Mexican Midwest, Little Village, where I got both a firsthand look at the compounding harms of ICE’s actions and the best gorditas I’ve ever had in my life.
By Cindy Revell
The first sign of how different things are come well before you take a bite of the gordita. It’s when you look around and realize that there is now an eerie emptiness to a once-vibrant place.
As I pulled into Little Village for dinner with some local Chicagoans, we experienced no traffic and had our pick of parking spots. “Traffic used to be bumper to bumper for decades and start blocks away, I’ve never experienced it like this,” Chicago food writer Ximena N. Beltran Quan Kiu told me. In a TikTok about the neighborhood, she noted that Little Village is the second-largest shopping district in the city after Michigan Avenue, which is home of the “Magnificent Mile” of luxury stores.
Our destination that day last month was Carniceria Aguascalientes, which sits on the main thoroughfare of 26th Street. We passed through a glittering Mexican grocery store at the street side to get to the large diner-style restaurant lined with tables and booths. Only two or three of roughly thirty tables were in use when we sat down. As we enjoyed our food, the largely vacant dining room became less and less comprehensible.1
When I told our friendly waitress, Michelle Macias, 24, what I do and why I was in town, she was eager to share what had happened to the restaurant. Aguascalientes, a staple of “La Villita,” has welcomed customers for half a century. But lately, its business has plummeted. Sales are down a staggering amount: more than 60 percent compared to last year.
Everything has been turned on its head, Macias explained. While in past years Fridays, Saturdays, and Sundays were bustling, lately Mondays have become the restaurant’s busiest day—perhaps a result of people trying to avoid the usual crowds of the weekend. The restaurant announced this year that it would be closing an hour earlier, a money-saving measure. And as I had noticed, there’s now parking readily available, a fact that shocks longtime patrons accustomed to the gridlock that formerly surrounded the popular eatery.
Everything has been turned on its head, Macias explained. While in past years Fridays, Saturdays, and Sundays were bustling, lately Mondays have become the restaurant’s busiest day—perhaps a result of people trying to avoid the usual crowds of the weekend. The restaurant announced this year that it would be closing an hour earlier, a money-saving measure. And as I had noticed, there’s now parking readily available, a fact that shocks longtime patrons accustomed to the gridlock that formerly surrounded the popular eatery.
The bleak reality facing Carniceria Aguascalientes weighs on its forty employees—especially Macias, whose parents own the restaurant.
As I took it in, I couldn’t help but think back to when Trump’s mass-deportation policy was just getting underway, and the many conversations I had then with Democratic lawmakers who wondered aloud about where we would be in three years. Forget three years: In the Latino enclaves of Little Village, and in Back of the Yards, in Pilsen, and on the North Side, they’re wondering how they will get through the next three weeks.
“Everyone is staying home, everyone is scared,” Macias told me. “There’s so much uncertainty. COVID was bad, but this is way worse.”
It sounds like what happened in Washington DC. Read the whole thing at the Bulwark link.
Charles Thrush at Block Club Chicago: Feds Tell Faith Leaders ‘No More Prayer’ Outside Broadview Facility.
BROADVIEW – Federal authorities told demonstrators Friday that there would be “no more prayer” in front of or inside the Broadview ICE facility, in a move that mystified local leaders and raised legal questions.
A federal representative delivered the news to a huddle of faith leaders and activists standing outside the Immigration and Customs Enforcement facility Friday, speaking after faith leaders were denied entry to the building for the third time Friday.
By Miroslaw Hajnos
Broadview Police Chief Thomas Mills, whose department helped facilitate the phone call, said that he was “trying to figure out” in discussions with Mayor Katrina Thompson and an attorney if a federal agency could legally ban religious gatherings on land owned by the village. Religious groups previously have been allowed to practice outside the facility, he said.
“I’m just a messenger,” an anonymous voice stuttered over the phone to a huddle of faith leaders and activists standing outside the Broadview immigration processing facility on Friday.
During the call, which took place with a Block Club reporter present, the anonymous representative told a group of faith leaders and activists that “There is no more prayer in front of building or inside the building because this is the state and it’s not [of a] religious background.”
“I’m dumbfounded,” the police chief told Block Club. “Every time I talk with [federal officials], it feels like their rules keep changing. We don’t really know what’s happening, I’m sorry I can’t say more. We just want to keep people safe and let them peacefully protest without getting hurt.”
That sounds like a violation of the First Amendment to me.
Chicago Sun-Times: 14 suburban moms arrested in sit-in protest outside Broadview ICE facility.
A group of moms from the western suburbs were arrested Friday morning during a protest against the separation of families outside of the U.S. Immigration and Customs Enforcement facility in Broadview.
Fourteen mothers jumped over the barricades and sat in a circle on Beach Street to “demand an end” to the immigration raids that have swept through the Chicago area since the Trump administration launched “Operation Midway Blitz” in September.
Less than a minute later, the women were arrested by Cook County sheriff’s deputies. The women were charged with obstruction, disorderly conduct and pedestrian walking on highways.
“We want to encourage other people who feel strongly about ICE’s actions to step off the sidelines and take our cities back,” said Teresa Shattuck, a mother from Oak Park. “We want to use our collective power and our white privilege in the way it should be used.”
Meghan Carter, another mother from Oak Park, said the women who were arrested understood the risks when they chose to take a stand, adding their experiences paled in comparison to what the detained immigrants inside the facility were enduring.
Carter said the suburban moms were a group of parents “fed up” with seeing immigration agents “terrorizing” their communities.
One more immigration/deportation story from NBC News: ‘Mega detention centers’: ICE considers buying large warehouses to hold immigrants.
The Trump administration is exploring buying warehouses that were designed for clients like Amazon and retrofitting them as detention facilities for immigrants before they are deported, a move that would vastly expand the government’s detention capacity, according to a Homeland Security Department official and a White House official.
By Timothy Matthews
The precise warehouses that Immigration and Customs Enforcement may buy have not yet been determined, but the agency is looking at locations in the southern U.S. near airports where immigrants are most often deported, the DHS official and the White House official said. Selecting such warehouses would “increase efficiency” in deportations, the DHS official said.
A deal to purchase the warehouses, which on average are more than twice the size of current ICE detention facilities, is past the early stages but not yet final, the DHS official and the White House official said. The DHS official described the warehouses as future “mega detention centers.”
Amazon would not be a part of any deal and would not profit from it as the warehouses were built by developers for Amazon but never used or leased by the company, the officials said.
An Amazon spokesperson said that the company is not involved in any discussions with DHS or ICE about warehouse space and that it leases and does not own the vast majority of its warehouse space.
It was not immediately clear who owns the warehouses that the government may buy and the DHS official and the White House official did not know how much the deals could be worth. The DHS official said some of the warehouses under consideration were built by developers with Amazon in mind but never used.
That’s it for me today. I hope everyone is having a relaxing weekend. I’m working on it.
#ACASubsidies #BroadviewICEFacility #Chicago #DonaldTrump #governmentShutdown #ICE #immigration #InsideTrumpSHead #JusticeKetanjiBrownJackson #MichaelWolff #SCOTUS #SenatorChuckSchumer #SNAPBenefits #SteveVladeck #TrumpPolls
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Lazy Caturday Reads
Good Afternoon!!
By Indira Baldano
The Wall Street Journal: U.S. Loses Last Triple-A Credit Rating. Moody’s downgrades the U.S. government, citing large fiscal deficits and rising interest costs.
The U.S. has lost its last triple-A credit rating.
Moody’s Ratings downgraded the U.S. government on Friday, citing large fiscal deficits and rising interest costs.
Expanding budget deficits mean U.S. government borrowing will rise at an accelerating rate, pushing interest rates up over the long term, Moody’s said. The firm said Friday that it didn’t believe that any current budget proposals under consideration by lawmakers would do anything significant to reduce the persistent gap between government spending and revenues.
The move strips the U.S. of its last remaining triple-A credit rating from a major ratings firm, following similar cuts by Fitch Ratings in 2023 and S&P Global Ratings in 2011. Moody’s downgraded the U.S. to Aa1, a rating also held by Austria and Finland.
“Successive U.S. administrations and Congress have failed to agree on measures to reverse the trend of large annual fiscal deficits and growing interest costs,” Moody’s wrote in a statement….
The Moody’s downgrade comes as Republicans in Congress are trying to fashion a giant tax-and-spending bill that would extend expiring tax cuts, add some new tax cuts, reduce spending on Medicaid and nutrition assistance and boost border enforcement and national defense. It is expected to increase budget deficits by about $3 trillion over the next decade, compared with a scenario where the tax cuts expire as scheduled Dec. 31.
House Republican spending hawks blocked the bill on Friday, trying to accelerate spending cuts and hasten the end of clean-energy tax breaks.
A bit more:
At the margin, the Moody’s downgrade could put pressure on the market for U.S. Treasurys, which has already been hit by expectations for greater borrowing and stubbornly high inflation.
Treasurys, however, rallied after S&P’s 2011 downgrade, in part because the economy was weak, demonstrating that investors still considered the U.S. the world’s safest bet. Few expect the Moody’s downgrade to spur market turmoil this time. The U.S. remains the world’s largest economy and the benchmark against which other countries are measured.
But some investors said the downgrade could exacerbate the damage the recent trade war has done to that exceptional position. And that might compel global investors to lift the premium they demand to buy U.S. debt, which could drive benchmark yields beyond their recent level around 4.5%, likely stressing growth and market sentiment.
“That could generate an even bigger deficit because the cost of servicing our debt would also go up,” said Michael Goosay, global head of fixed income at Principal Asset Management.
Obviously, Trump couldn’t care less about what happens to the U.S. credit rating. He’s just going to bleed the country dry and grab as much has he can while doing it.
Ultra right wing members of the House budget committee voted against Trump’s “big, beautiful bill” yesterday.
NBC News: Conservatives block Trump agenda bill from advancing in major setback for GOP leaders.
The GOP-led House Budget Committee voted to reject a sweeping package for President Donald Trump’s agenda on Friday, dealing an embarrassing setback to Speaker Mike Johnson, R-La., and Republican leaders.
A glass of milk, Nataliya Bagatskaya, (Ucraina, b.1967)
The vote in the Budget Committee was 16-21, with a band of conservative hard-liners who are pushing for steeper spending cuts joining all Democrats in voting against the multitrillion-dollar legislation, leaving its fate uncertain.
The Republicans who voted “no” were Reps. Chip Roy of Texas, Ralph Norman of South Carolina, Andrew Clyde of Georgia and Josh Brecheen of Oklahoma. Rep. Lloyd Smucker of Pennsylvania changed his vote from “yes” to “no,” he said, as a procedural move to allow Republicans to call the bill up again.
During the hearing, Roy fired a warning shot at Republican leaders, saying he opposes the bill as written because it will increase the deficit.
“I have to now admonish my colleagues on this side of the aisle. This bill falls profoundly short. It does not do what we say it does with respect to deficits,” Roy said. “That’s the truth. Deficits will go up in the first half of the 10-year budget window and we all know it’s true. And we shouldn’t do that. We shouldn’t say that we’re doing something we’re not doing.”
“This bill has back-loaded savings and has front-loaded spending,” Roy added. “I am a no on this bill unless serious reforms are made today, tomorrow, Sunday. Something needs to change or you’re not gonna get my support.”
After the vote tally was read, Rep. Jodey Arrington, R-Texas, the committee chair, adjourned the hearing and told members they would not be meeting again this weekend.
On the tariff front, CNBC reports on Trump’s response to Walmart’s announcement they they will have to raise prices: Trump tells Walmart to ‘eat the tariffs’ after retailer warned it will raise prices.
President Donald Trump blasted Walmart on Saturday after the retailer warned this week that it will raise prices because of tariffs.
“Between Walmart and China they should, as is said, “EAT THE TARIFFS,” and not charge valued customers ANYTHING,” Trump wrote on Truth Social. “I’ll be watching, and so will your customers!!!”
Walmart CFO John David Rainey said in an interview on Thursday that “We have not seen price increases at this magnitude, in the speed in which they’re coming at us before, and so it makes for a challenging environment.”
Rainey said he is “pleased with the progress that’s been made by the [Trump] administration on tariffs from the levels that were announced in early April, but they’re still too high.”
He said the company will “try to work with suppliers to keep prices as low as we can.”
Yesterday the Supreme Court dealt a blow to the Trump administration’s deportation plans.
CNN: Supreme Court blocks Trump from restarting Alien Enemies Act deportations.
The Supreme Court on Friday blocked President Donald Trump from moving forward with deportations under the 1798 Alien Enemies Act for a group of immigrants in northern Texas, siding with Venezuelans who feared they were poised for imminent removal under the sweeping wartime authority.
The decision is a significant loss for Trump, who wants to use the law to speed deportations – and avoid the kind of review normally required before removing people from the country. But the decision is also temporary and the underlying legal fight over the president’s invocation will continue in multiple federal courts across the country.
By Sandra Batoni
The justices sent the case at issue back to an appeals court to decide the underlying questions in the case, including whether the president’s move is legal and, if it is, how much notice the migrants targeted under the act should receive….
The court’s unsigned opinion was notably pointed about how the government was attempting to handle the removals and also how US District Judge James Hendrix had dealt with the case at an earlier stage.
The court referenced another case that had reached it previously, that of the Maryland man, Kilmar Abrego Garcia, who was mistakenly removed to El Salvador. The court noted that the Trump administration has represented that it is “unable to provide for the return of an individual deported in error to a prison in El Salvador.”
Given that, the court said, “the detainees’ interests at stake are accordingly particularly weighty.” In other words, the court was saying it is important to get the legal questions correct before people are removed, potentially, forever.
Thomas and Alito dissented, naturally.
Commentary by SCOTUS expert Steve Vladeck at One First: The Supreme Court’s (Alien Enemies Act) Patience is Wearing Thin.
Way back on <checks notes> Wednesday, I wrote a long post updating the state of play in the (many) cases challenging President Trump’s attempt to use the Alien Enemies Act of 1798 to remove from the United States, on a mass, summary basis, individuals the government claims to be Venezuelan members of the Tren de Aragua (TdA)….
As I noted then, the Supreme Court had yet to decide the ACLU’s pending emergency application in the case from the Northern District of Texas—with the unhelpful caption “A.A.R.P. v. Trump.” That’s the case in which the Court had temporarily blocked further removals in its after-midnight ruling early on Saturday, April 19 (which I covered here). But a full ruling on the application has been pending ever since.
Well, around 3:45 on Friday afternoon, that ruling came down. And the decision—in “A.A.R.P. II”—is a pretty big deal. So I thought I’d put together this quick post that walks through what happened—and why it matters….
What Did the Court … Hold? There’s a lot of technical stuff in the eight-page, unsigned majority opinion.1 What’s especially important are, by my count, three different holdings: First, that the Fifth Circuit did have jurisdiction to hear the plaintiffs’ appeal of the district court’s refusal to block their removal (it had concluded otherwise). Second, that the plaintiffs were entitled to more notice than they had received as of April 18. And third—and this is the quiet bombshell in the ruling—that “this Court may properly issue temporary injunctive relief to the putative class in order to preserve our jurisdiction pending appeal,” even without resolving whether full class certification is likely….
The post is pretty technical, so if you want the details, read the whole thing at the link. I’ll just quote one more section:
Is It Me, Or is the Majority Opinion … Unusually Pointed? It’s not you. There are at different passages in which the majority openly seems to be expressing … frustration … with the government; the lower courts; and Justice Alito (who wrote a dissenting opinion that was joined by Justice Thomas), respectively.
It appears that at least some of the justices are getting sick and tired of the Trump administration’s dishonesty and refusal to obey the courts.
A bit more immigration news:
GREENBELT, Md. — In a contentious court hearing on Friday, Trump administration attorneys argued before a federal judge in Maryland that they should be allowed to withhold information regarding efforts to facilitate the return of a Salvadoran man to the United States.
Kilmar Abrego Garcia remains in the Salvadoran prison system despite orders from a federal judge and the Supreme Court calling for the government to facilitate his return to the United States.
Drawing of old woman with cat, Max Leibermann
U.S. District Judge Paula Xinis said the government’s refusal to provide certain information in the case has been “an exercise in utter frustration.” In a back-and-forth that has continued for weeks,Xinis has ordered the administration to facilitate Abrego Garcia’s release and provide documentation on what steps it has taken, if any, to comply with that order.
Government lawyers said the administration has not been able to answer questions about Abrego Garcia’s case because that information would be considered protected under “state secrets” or “deliberative process” privileges that should not be shared with the public.
On Friday, Xinis said the administration has not made a good-faith effort to comply with the court order. She repeatedly called on the administration to show how turning over evidence of actions it has taken or will take to return Abrego Garcia would pose a reasonable danger to foreign affairs.
“There is simply no detail. This is basically, ‘Take my word for it,’” the judge said.
From Garcia’s attorneys:
Abrego Garcia’s team said the discovery they’ve received from the government thus far has been inadequate, and Xinis appeared to agree. The plaintiffs said they received 164 documents, and 132 of them were photocopies of court filings and their own discovery requests. Rossman said that of the remaining 32 new documents, half were related to Maryland Sen. Chris Van Hollen’s recent trip to El Salvador to see Abrego Garcia.
Rossman said the government logged 1,140 documents as “privileged,” in “every manner of privilege that I’ve ever heard of.”
“My head is spinning, your honor,” he said.
Rossman also said it was “deeply disturbing” that while the administration has claimed in court that it’s complying with the order to facilitate Abrego Garcia’s release, high-ranking officials including Trump himself have contradicted that in public.
The administration’s claims, Xinis says, have been hampering efforts to get to the bottom of whether the government has disobeyed the court order by not facilitating the return of Abrego Garcia to the United States.
Politico: Trump administration acknowledges another error in a high-profile deportation.
When a Guatemalan man sued the Trump administration in March for deporting him to Mexico despite a fear of persecution, immigration officials had a response: The man told them himself he was not afraid to be sent there.
But in a late Friday court filing, the administration acknowledged that this claim — a key plank of the government’s response to a high-stakes class action lawsuit — was based on erroneous information.
Manfred W. Juergens, The girl with the cat
Immigrations and Customs Enforcement officials now say they have no record of anyone being told by the man, identified only by the initials O.C.G. in court papers, that he was unafraid of going to Mexico. The error, they say, was attributable to a “software tool” known as ICE’s “ENFORCE alien removal module” that tracks individual deportation cases and allows staff to insert comments.
“Upon further investigation … ICE was unable to identify an officer or officers who asked O.C.G. if he feared a return to Mexico,” said Brian Ortega, assistant field office director for ICE’s Enforcement and Removal Operations, in a sworn statement to the federal judge overseeing the lawsuit.
The mistake may have been costly: The judge overseeing the lawsuit said last month he did not order the administration to facilitate O.C.G.’s immediate return from Mexico in part because of the dispute. Instead, U.S. District Judge Brian Murphy, a Biden appointee based in Massachusetts, ordered expedited fact-finding, which helped unearth the mistake.
ICE’s acknowledgment is the latest in a string of errors that have led judges to fault the administration for attempting to carry out President Donald Trump’s mass deportation campaign at a breakneck pace — often at the expense of due process.
The latest on DOGE’s slimy activities:
The Washington Post: How DOGE’s grand plan to remake Social Security is backfiring.
The U.S. DOGE Service arrived at the Social Security Administration this year determined to slash staff and root out what it claimed was widespread fraud and wasteful spending — a mission Elon Musk’s cost-cutting team has pursued across the government.
But as of this week, many of the major changes DOGE pushed at Social Security have been abandoned or are being reversed after proving ineffective, while others are yielding unintended consequences and badly damaging customer service and satisfaction. The problems come as the agency struggles to cope with a record surge of hundreds of thousands of retirement claims in recent months.
DOGE, which stands for Department of Government Efficiency but is not a Cabinet-level agency, had to cancel a plan to cut phone service for retirement and disability claims after drawing outrage from lawmakers, seniors and advocates. Staff reductions and reassignments led by DOGE are slowing the pace of claims processing as field offices lose longtime staff and gain a smaller number of inexperienced replacements. DOGE-driven changes to the agency’s website are causing crashes almost every day, and phone customers complain about dropped calls and long wait times. A DOGE-imposed spending freeze is leading to shortages of basic office supplies, from printer cartridges to the phone headsets staff need to do their jobs.
And on Friday, Social Security leaders told employees that the agency was ending a security check, developed at DOGE’s request, that was meant to root out allegedly fraudulent claims filed over the phone, according to three employees familiar with the situation and an email obtained by The Washington Post. But the measure — which involved placing a three-day hold on all phone claims as other staffers checked into the caller’s background — had only identified a couple of potential fraud cases while causing significant delays in claims processing, two employees said.
Kathleen Romig, a former Social Security official who is now at the left-leaningCenter on Budget and Policy Priorities, said there were already safeguards in place to detect fraud through the agency’s phone service. DOGE’s efforts have only delayed claims processing and, like most of the team’s attempts to reshape Social Security, placed serious stress on the agency, she said.
“So much of this is self-inflicted wounds,” Romig said.
The Washington Post: Trump’s actions are pushing thousands of experts to flee government.
At the National Institutes of Health, six directors — from institutes focused on infectious disease, child health, nursing research and the human genome — are leaving or being forced out.
t the Federal Aviation Administration, nearly a dozen top leaders, including the chief air traffic officer, are retiring early.
Siesta, Irina Orazio Orazi (Italian, 1848-1912)
And at the Treasury Department, more than 200 experienced managers and highly skilled technical experts who help run the government’s financial systems chose to accept the Trump administration’s resignation offer earlier this year, according to a staffer and documents obtained by The Washington Post.
Across the federal government, a push for early retirement and voluntary separation is fueling a voluntary exodus of experienced, knowledgeable staffers unlike anything in living memory, according to interviews with 18 employees across 10 agencies and records reviewed by The Post. Other leaders with decades of service are being dismissed as the administration eliminates full offices or divisions at a time.
The first resignation offer, sent in January, saw 75,000 workers across government agree to quit and keep drawing pay through September, the administration has said. But a second round, rolling out agency by agency through the spring, is seeing a sustained, swelling uptick that will dwarf the first, potentially climbing into the hundreds of thousands, the employees and the records show.
There’s no way I’m trusting anything this government has to say about health and safety.
I’ll wrap this up with a couple of ridiculous stories:
CNN: Former FBI Director James Comey interviewed by the US Secret Service.
Former FBI Director James Comey was interviewed by US Secret Service agents at their Washington, DC, field office on Friday afternoon, according to law enforcement sources.
Comey was interviewed by agents investigating a social media post he posted Thursdayshowing shells in the sand on a beach spelling out “86 47,” which has become a popular social media code for removing Trump from the presidency.
Comey was not in custody and appeared voluntarily, a source said.
Trump and fellow Republicans have attacked Comey for the post, demanding an investigation.
Comey “knew exactly what that meant,” Trump said in a Fox News interview. “A child knows what that meant. If you’re the FBI director and you don’t know what that meant, that meant assassination.”
In explaining why he removed the post, Comey wrote on Instagram that he had “posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message.”
It was expected that Comey will be asked if he intended the message as a threat, or to inspire others who might consider an act of violence against Trump, the source said. Ultimately, a decision on whether the case is chargeable as a threat against the president may lie with the US attorney in Washington.
Funny how no Trumpers were interviewed by the FBI when they posted 86 46 when Biden was president.
HuffPost: Trump Has Embarrassing Public Meltdown After Bruce Springsteen Diss.
The president of the United States used the full power of his office Friday to have an embarrassing public meltdown online.
That’s it for me today. What’s on your mind?Donald Trump, you see, appears to be freaking out after he got scolded by the Boss on the first night of his European tour.
Figure with Black Cat, 2020 by Mary Sauer (American, b. 1986)
“I see that Highly Overrated Bruce Springsteen goes to a Foreign Country to speak badly about the President of the United States,” Trump wrote, glossing over the fact that he, too, is currently in a foreign country speaking badly about someone.
“He’s not a talented guy,” Trump sniped of the decorated Rock and Roll Hall of Famer who’s won 20 Grammy Awards, two Golden Globes, an Academy Award, a Special Tony Award, and the Presidential Medal of Freedom.
Trump also called Springsteen “a pushy, obnoxious JERK” without a hint of self-awareness.
Springsteen opened the first show of his tour with an unambiguous rallying cry for democracy, warning that America “is currently in the hands of a corrupt, incompetent and treasonous administration.”
“Tonight, we ask all who believe in democracy and the best of our American experience to rise with us,” he said. “Raise your voices against the authoritarianism, and let freedom ring.”
#AlienEnemiesAct #BruceSpringsteen #Doge #HouseBudgetBill #HouseBudgetCommittee #ICE #JamesComey #KilmarAbreagoGarcia #SteveVladeck #SupremeCourt #USCreditRating
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Confused about what’s happening with the stupid, racist, inhumane immigration law (#SB4) in TX? You’re in good company! Steve Vladeck helps break it down in his recent newsletter:
https://open.substack.com/pub/stevevladeck/p/72-30-hours-of-sb4-whiplash
#USPolitics #Texas #Immigration #SCOTUS #KenPaxton #GregAbbott #SteveVladeck #PeopleAreNotIllegal
(The screenshot below may already be outdated, I can’t keep up and have no idea if anything has changed)
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Sharing from Mueller She Wrote (Allison Gill):
“ALERT: Andy McCabe and I will discuss why the longer it takes for #SCOTUS to rule on the immunity issue, the worse it is for trump with Steve Vladeck on tomorrow's Jack podcast. Subscribe and listen for free wherever you get your pods!”
(Me: I’m listening now, it’s excellent, and Steve Vladeck is the bomb.)
#SteveVladeck #MuellerSheWrote #AndyMcCabe #JackPodcast #USPolitics
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Steve Vladeck gives a very helpful explanation what to expect if/when trump appeals the immunity decision to the Supreme Court today:
https://open.substack.com/pub/stevevladeck/p/66-united-states-v-trump
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Steve Vladeck is a professor at the University of Texas Law School and is a Supreme Court expert. If you’re looking for more insight into how #SCOTUS works (given recent, current, and likely future events), you might enjoy subscribing to his Substack newsletter. He’s not active here on Mastodon unfortunately (screenshot is from his BlueSky account), so the newsletter may be a helpful way to stay connected.