Getty ImagesChip Somodevilla
Why is almost the entire conservative apparatus hellbent on putting Brett Kavanaugh on the Supreme Court despite the fact that he is a very big liar who lies a lot, occasionally when his lies are “hallowed by oath,” as the law books say? Why are conservative voters so het up about the federal judiciary generally? So things like this don’t happen any more. From The Los Angeles Times:
The ruling late Wednesday afternoon will relieve immigrants from El Salvador, Haiti, Nicaragua and Sudan from the threat of deportation. It came in response to a class-action lawsuit alleging that government officials approached their decisions about TPS with a political agenda, ignored facts and were motivated by racism. Administration officials deny those allegations, saying the program was never intended to provide a long-term reprieve…
“Absent injunctive relief, TPS beneficiaries and their children indisputably will suffer irreparable harm and great hardship,” Chen wrote. “Many have U.S.-born children; those may be faced with the Hobson’s choice of bringing their children with them (and tearing them away from the only country and community they have known) or splitting their families apart.” Chen said the government had failed to prove that any harm would come from maintaining the status quo.
Not only that, but Judge Chen also decided to explain the obvious motivation behind the administration*’s decision to send largely brown earthquake victims and refugees from war zones back down south where they came from:
“President Trump harbors an animus against non-white, non-European aliens which influenced his decision to end the TPS designation.”
From The Washington Post:
At the same time, he said there were “serious questions as to whether a discriminatory purpose was a motivating factor” in the administration’s decision, which would violate the Constitution’s guarantee of equal protection under the law. He cited statements by President Trump denigrating Mexicans, Muslims, Haitians and Africans, including his January remark about “people from shithole countries” and his June 2017 comments stating that 15,000 recent immigrants from Haiti “all have AIDS.”
The plaintiffs “have raised serious questions whether the action taken” by Homeland Security officials “was influenced by the White House and based on animus against non-white, non-European immigrants in violation of Equal Protection guaranteed by the Constitution,” Chen wrote. “The issues are at least serious enough to preserve the status quo.”
Alas, we all know this drama all too well. Sooner or later, Judge Chen’s quite logical decision to hold the president* accountable for the policies that inevitably spring from his bone-deep bigotry will run headlong into some Federalist Society clone who has supped for a decade or so at the bounteous banquet of wingnut welfare, and who understands quite well what he now owes to the people who have spread before him this magnificent largesse—in short, a safe hack who is in the bag.
This person either will find a misplaced comma that allows him to overturn Judge Chen, or he will invent some improvisational konztitooshunal hocus-pocus that only he understands—hello, John Roberts, and the “equal sovereignty of the states”—and that is designed only for the specific political circumstances of the moment. And, poof! Back to the gangland killing fields of El Salvador. It is entirely possible that, if Judge Chen gets extremely lucky, and his injunction even makes it all the way up to the Supreme Court, that Associate Justice Brett Kavanaugh will be the one who does the deed. And won’t that complete the circle in a lovely way?