There have been several leaked EOs that didn't happen, the assumption is Trump's team is leaking them to gauge response and if there's too much blowback they deny the veracity of the leaks and attack the fake news media for stirring up hatred of Trump. Which does show that protests can have some effect.
On the "religious freedom" EO, I have the same question I had yesterday. I can see how an EO of Trump's can overturn the EO of a prior president, but I don't see how any EO can overturn part of Obamacare that was in the ACA.
2: The ACA gives HHS latitude in issuing implementing regs. The EO (in part) gives HHS direction on how to go about that. HHS can't (lawfully) issue regs that conflict with the statute, but they can probably push further in the directions the EO points than the current regs do. They'll certainly try, and then it'll be up to the courts to sort it out.
HHS can't (lawfully) issue regs that conflict with the statute, but they can probably push further in the directions the EO points than the current regs do.
How does this interact with the Chevron deference thing we just learned about? Like, its one thing for courts to defer to the judgment of HHS, because HHS is a bunch of experts in the field. But if its deference to HHS, as guided by an executive order, that seems different.
I was also wondering just how much of the prohibition of discrimination on the basis of sexual orientation is legislated and how much was executive action.
I'm still waiting for them to ban encryption for the public.
And Bannon has been very explicit about thinking that having a bunch of immigrants in this country--legal or illegal--is a problem. They're going to do everything they can not just to keep them out, but drive them out.
Yes. All you can do is make them do it legally.
aaaaaaaaaaaaugh. I need a paper bag to breathe into.
I guess I should say "Drive us out."
Scalia held on a lot longer than I expected, but Bannon has that same one-shoveled-driveway-from-a-heart-attack look. So there's that.
He probably has an illegal immigrant to shovel his walk.
But looking at pictures, he does not look like the world's healthiest guy.
4: Cheveron deference should still apply, unless of course the doctrine is jettisoned by Congress or the Supreme Court. The expertise of the agency is part of the prudential justification for Chevron, but (a) courts aren't going to start second-guessing where HHS expertise ends and Bannon batshittery begins and (b) Chevron at bottom is a just-so story that Congress, when it leaves some latitude in its instructions to an agency, is at the same time affirmatively depriving courts of plenary review of the agency's action. There's still some room for courts to look at the underlying batshit nature of the regulation by determining that it's arbitrary or capricious, but that too is a very deferential review. I think the best arguments against the regs that emerge from all this will likely be that they are contrary to law, either because they end up going beyond the limits of the ACA, or violate some constitutional provision (equal protection, establishment of religion).
5: I don't think any federal statutes expressly prohibit discrimination on the basis of sexual orientation. But in recent years, both the Obama administration and some courts have been interpreting federal prohibitions on discrimination on the basis of sex (which had long been understood to mean "no discrimination on the basis of being a woman") more broadly to encompass orientation etc. An EO can certainly instruct agencies to back off from that path. Courts can still do whatever they want, of course.
Can we start a petition to return the Statue of Liberty to France?
Trump can replace her with a sculpture of a much hotter chick that's handcuffed and gagged.
I think that statue is already on Staten Island somewhere.
15- One of my brothers made the point the other day that we should give the statue to Canada, as we no longer deserve it.
There's still some room for courts to look at the underlying batshit nature of the regulation by determining that it's arbitrary or capricious
Well, Trumpie's executive orders are nothing if not arbitrary and capricious.
It's got to be several tons of copper. We should at least ask for the recycling value of the metal.
The Canadians had mooted having their own equivalent "Mother Canada" statue, but it looks like it's been put on hold on account of tastelessness, cost, and just general nonsensicality.
That's crazy to give it to Canada. It should be sold off as part of federal lands.
No, we have to give it back to France, so they will see that we've finally figured out their insidious plot to trick us into accepting undesirable refugees.
I admit to being surprised that this stuff - revocation of visas - is so purely an Executive Branch affair. Or am I assuming too much that it's legal?
this article has me feeling depressed and terrified. It's just not clear what, if anything, can be done to express disapproval or pressure the administration about this sort of behavior -- because it isn't a policy position, per se, just a frame of mind.
"None of this is normal," Dan Nexon, a professor at Georgetown University who studies American grand strategy, says. "It's not just that the president is apparently acting like a petulant bully with these people. It's also that it's for no obvious policy purpose."
This kind of behavior generates a deep uncertainty on the part of other countries about whether they can trust America -- and trust in America is the foundation on which much of the current world order is structured. If Trump continues to behave this erratically, the consequences could be, well, unpredictable -- and that's scary.
It's absolutely right. The post-war order was, for better or worse, dependent on American security and economic guarantees. Except I think you don't need Trump to continue to behave this erratically for consequences to be felt. That genie can't go back i the bottle.
That genie can't go back i the bottle.
Yes, and handled well it could be an improvement. Obviously that couldn't be a permanent state of affairs. But handled badly . . .
What amazes me is that it seems like this is what the hardcore Trump supporters wanted, and they're happy about it. Apparently they feel the US has been exploited by every other country in the world, and it's time we stand up for ourselves. It has to be the single most deluded foreign policy in the history of the world.
Honestly, I think that is the less deluded corollary to the absurdity about white people in America being oppressed.
I'm also hearing that citizens who are originally from scary brown people countries are having their trusted traveler status (pre-check, global entry, etc) revoked. That should set up some very clean lawsuits based on national origin discrimination and give the courts another path to impose some limits on CBP, which appears to be running completely amok.
Pre-check annoys me by existing. $85 to not spread foot fungus around.
It has to be the single most deluded foreign policy in the history of the world.
Operation Barbarossa?
Pre-check annoys me by existing. $85 to not spread foot fungus around.
Global Entry is the best $100 I ever spent. Buying your way out of the worst of the security theater for $20 a year is annoying in principle, but it's way the hell less annoying than fuming every time you have to go through an airport.
It really doesn't seem to make any difference at all in the Lincoln Airport. In the Omaha Airport, it does.
Yeah, it doesn't help a lot in Hilo, but it does in Honolulu and pretty much every other airport I go through regularly. Biggest thing is being able to expect to be through security in less than 15 minutes instead of always having to allow 30-45 or more just in case. Plus shoes, etc.
I don't have figures, but in my experience you are vastly more likely to fly to Lincoln than Honolulu.
Funny, I have the opposite experience. But I'm sure Lincoln is lovely this time of year.
Didn't Operation Barbarossa come pretty close to success?
36: Not especially. These days, I believe many historians claim that it had failed even before the Battle of Moscow.
Killed lots of people though. So there's that.
37: No need. They do that just fine on their own.
I connected from Europe to D.C. and exiting one plane to being at the next gate was 20 minutes with global entry.
You could do that in the Lincoln Airport in less time if it had international flights. Or connecting flights.
40. Wow! Even with Global Entry doing that at Dulles is damned good.
So this may have been addressed upthread, but are the citizenship interviews that are being cancelled just for people from those countries. Or is it like anyone? After all, according to Trump, Australia enabled the terrorists.
Does anyone have either further anecdotal evidence or real knowledge of a recent uptick in people with H1B visas getting random visits from the "Fraud Detection and National Security" office of USCIS? I know a professor who got a random audit visit this week and the timing seems curious, since I never heard of that happening before.
It has to be the single most deluded foreign policy in the history of the world.
[cough] Brexit
Sakoku sounds like coughing even when said normally.
I'm on some list that means every time I use the automated customs thingy to get into the United States, it puts an X on my printout making me go through the line for extra screening. Every fucking time! I even went so far as to file an inquiry about it through the Homeland Security website. The response was basically "we can neither confirm nor deny that you are on a list, but probably its because you have a very common name"
Have you thought about changing to an uncommon name, like Bomby McBomber.
Speaking of travel bans, apparently a judge just halted the whole thing. Obviously Trump can do almost the exact same thing in ways that will pass muster with courts, but that will probably mean getting various members of Congress to take positions that could be used against them in the next election and the false start will hopefully diminish his aura of "win".
Or he can wait until his pet Scalia-a-like is seated and appeal to the SC.