Seasons Greetings
    

Flash News: Carrie Meek, the grandchild of a slave and pioneering Black former congresswoman, dies at 95      - | -     Fauci says new variant omicron might 'evade immune protection'      - | -     Police report 'some fatalities' after more than 20 people were injured when SUV drives through Wisconsin parade      - | -     Austria back in lockdown as protests erupt over COVID restrictions in Austria, Italy, Croatia      - | -     Colorado pilot killed while fighting a wildfire near Estes Park reported turbulent conditions moments before the crash      - | -     Florida legislature sends four COVID-19 vaccine bills to Gov. DeSantis      - | -     Biden says Taiwan's independence is up to Taiwan after meeting with Xi and Clarifies US 'won't Change' Its Policy On Taipei      - | -     The FDA Could Authorize COVID-19 Booster Shots For All Adults to be available by weekend      - | -     NYC moves ahead with boosters for all as FDA deliberates      - | -     6 teens from Aurora Central High School were hospitalized after a shooting near Colorado high school      - | -     9-year-old Dallas boy dies after Astroworld festival crush; death toll rises to 10      - | -     Colorado works to curb superspreader events, announces vaccine mandate as Mountain West states grapple with a surge      - | -     Attorney: 'We don't want any more Black pastors coming in here'      - | -     New infections on the rise in most states; Vaccinated Vikings player hospitalized with COVID-19 issues      - | -     Vaccine misinformation widely believed, polling shows; Pfizer CEO Calls People Who Spread Misinformation About COVID Vaccines ‘Criminals’     - | -     Part of Tomb of the Unknown Soldier opens to the public for the first time in nearly a century     - | -     At least 1 dead in Alaska grocery store shooting, authorities say; suspect in custody and charged with murder      - | -     Biden administration waives immigration-related fees for thousands of evacuated Afghans      - | -     NYPD Commissioner Warns More Guns on Street 'Last Thing We Need' as SCOTUS Mulls Permit Law      - | -     The United States for a surge of vaccinated international travelers from Monday      - | -     Gov. Doug Ducey says Arizona won't stop using COVID money for anti-mask grants     - | -     DOJ targets Texas again, Sues Texas Over Voting Bill, Alleging It Violates Civil Rights Act     - | -     The US gives final approval of Pfizer's Covid-19 vaccine for children aged 5-11      - | -     Michelle Wu becomes the first woman, a person of color elected as Boston mayor      - | -     States prepare to receive pediatric Pfizer-BioNTech doses ahead of full approval for ages 5-11: COVID-19 updates      - | -     Charleston church shooting victims, DOJ reach $88M settlement over white nationalist's gun      - | -     Remains found in California desert identified as Lauren Cho, missing N.J. woman      - | -     Vladimir Putin Drives Down Europe Gas Prices By Ordering Company to Supply Austria, Germany      - | -     Florida school district that defied governor on mask rules will end requirement for its high schools      - | -     Blinken says he ordered reviews of State Dept's evacuation efforts out of Afghanistan      - | -     Saudi, UAE summon Lebanon envoys over minister's Yemen war remarks      - | -     Biden easily won Virginia. Why is McAuliffe struggling?      - | -     Protest Over 'Unsettling' Antisemitic 'Vax the Jews' Banner Hung on Texas Bridge      - | -     'Unite the Right' rally's planners accused in civil trial      - | -     Tokyo's Government Is Finally Saying Goodbye to the Floppy Disk      - | -     Google pays fines to Russia over banned content      - | -     Amid the Capitol riot, Facebook faced its own insurrection      - | -     Los Angeles observes 150 years since one of the largest lynchings in American history      - | -     Deadly bacteria found in aromatherapy product sold at Walmart      - | -     Every day, Biden smells like more of a loser      - | -     Army reservist with 'Hitler mustache' demoted, discharged after Jan. 6 charges      - | -     Troubled developer Evergrande to resume trading, warns of financial obligations      - | -     Britain has more new cases than France, Germany, Italy and Spain combined      - | -     Alyssa Milano says she was arrested at voting rights demonstration outside White House      - | -     Click to Pray 2.0 - Vatican app gets up close and personal with God      - | -     Jan. 6 committee to hold contempt vote for Steve Bannon over subpoena refusal      - | -     Why is Trump undermining his administration's historic China policies?      - | -     Religious exemptions threaten to undermine US Covid vaccine mandates      - | -     U.S. Supreme Court again protects police accused of excessive force      - | -     Biden PFAS plan puts chemical industry’s feet to the fire      - | -     A pandemic of hyper-hypocrisy is infecting American politics      - | -     Havana Syndrome is a mystery illness with 200-plus documented cases. Lawmakers are demanding action.      - | -     The root of Joe Biden's troubles      - | -     The Johnson & Johnson one-dose vaccine offers good protection now. A booster shot will maximize that, experts say      - | -     China's new hypersonic missile demonstrated an advanced space capability that caught US intelligence by surprise, report says      - | -     At least 15 dead and dozens missing in India floods      - | -     Ancient eel-like creature is named after Black Sabbath's Tony Iommi     - | -     Hacking incidents that took place in 2016 Presidential Election between Donald Trump and Hillary Clinton     - | -     Pennsylvania attorney general Josh Shapiro announces he's running for governor     - | -     Back-to-school gun violence was the highest on record. Active shooter drills may not be the answer     - | -     Several asteroids bigger than the Great Pyramid of Giza will approach Earth starting Friday      - | -     The next big cyberthreat isn't ransomware. It's killware. And it's just as bad as it sounds.      - | -     California launches investigation into oil spill      - | -     Someone needs to remind Greg Abbott he is a conservative      - | -     Navy engineer accused of trying to pass intel in peanut butter sandwich      - | -     What would a Covid memorial look like? Designers share ideas for 'unprecedented' tribute      - | -     Facebook unveils new controls for kids using its platforms      - | -     China Calls India 'Unreasonable' as Nations Fail to Deescalate Border Tensions in Talks      - | -     The Biden-Harris train wreck may have its savior: 2024 GOP nominee Donald Trump      - | -     President Schumer or President Manchin?      - | -     Why world's top virologist cautions India against reopening      - | -     NASA's asteroid spacecraft Lucy launches this week on ambitious 12-year mission      - | -     Paralyzed Texas cheerleader Makayla Noble put back on ventilator, fitted with feeding tube      - | -     Former Trump press aide: We went to Fox News 'to get what we wanted out'      - | -     Biden is the wrong leader for America      - | -     Sex and the City spin-off confirmed for December      - | -     Covid is killing rural Americans at twice the rate of people in urban areas      - | -     How podcasts have become the backbone for white supremacist recruiting      - | -     Apple Watch flags multiple types of irregular heartbeats, study shows      - | -     Shakira says she was attacked by a pair of wild boars      - | -     Texas nurse killed 4 patients, prosecutors allege      - | -     Russia threatens to block YouTube as confrontation with Google escalates      - | -     Britney Spears' lawyers push for end to father's control ahead of hearing      - | -     The big idea - Combining an HIV vaccine with immunotherapy may reduce the need for daily medication      - | -     Predicting the future isn’t magic anymore! AI in Marketing      - | -     The majority of unvaccinated Americans believe boosters prove COVID vaccines don't work      - | -     Milley defends calls to Chinese at end of Trump presidency      - | -     Ford jolts auto industry with $11 billion investment in electric vehicles      - | -     Pak woman principal sentenced to death for committing blasphemy      - | -     Democrats' aging leaders need all their skills for the task ahead      - | -     Deadly U.S. passenger train crashes in recent years, NTSB to investigate fatal Montana Amtrak derailment      - | -     Trump’s return to office 'would be a disaster' for US intel: Former DHS whistleblower      - | -     Question of Taliban's Recognition "Not on the table": Russia At UN      - | -     US rules out adding India or Japan to security alliance with Australia and UK      - | -     New York health chief, defender of Cuomo policies, resigning      - | -     Hubble finds 6 dead galaxies in space, baffling experts      - | -     Joe Biden has damaged U.S.-Europe relations even more than Donald Trump      - | -     China’s Evergrande says it has ‘resolved’ a scheduled payment      - | -     Florida Marijuana activists push for legalization on '22 Ballot: 'People are ready for it'      - | -     Ghost forests creep up U.S. East Coast      - | -     Donald Trump sues niece Mary Trump, New York Times for $100 million over disclosing tax documents      - | -     Google expands in New York with $2.1 billion office purchase      - | -     CIA director's team member reported Havana Syndrome symptoms during India trip      - | -     A life and death question for regulators: Is Tesla’s Autopilot safe?      - | -     George Holliday, who shot video of police beating Rodney King, dies      - | -     Elon Musk mocks Biden for ignoring his company's historic space flight     - | -     COVID creates shortages of an array of U.S. medical supplies     - | -     FBI searches family home of fiancé Brian Laundrie after her likely remains were found #vanlife     - | -     The Biden cat's arrival to the White House has been delayed     - | -     Top U.S. General confirms Chinese, nuclear meetings but denies anti-Trump Plot      - | -     Russia still largest driver of disinformation on social media, Facebook report finds      - | -     Human remains found inside 500-pound alligator. How common are alligator attacks?      - | -     'New' Van Gogh drawing to go on display in Amsterdam museum      - | -     1 in every 500 US residents have died of Covid-19      - | -     Facebook draws lawmaker scrutiny over Instagram's impact on teens      - | -     Donald Trump's mental health becomes an issue again      - | -     Pakistan's Imran Khan says world should give Taliban 'time' on human rights but fears 'chaos' without aid      - | -     COVID-Sniffing dogs at miami airport have 99 percent accuracy at detecting infections      - | -     Biden vaccine plan hinges on rarely used rule, inviting legal challenges      - | -     New York city schools reopen to a mixture of fear and relief      - | -     U.S. COVID deaths highest since march, with Mississippi hit hardest      - | -     FBI releases newly declassified document on Saudi government's role in 9/11 attacks      - | -     Former Navy Commander Sentenced to Life in Prison for ‘Heinous’ Sexual Abuse and Child Pornography of a Family Member      - | -     Stop mounting your TVs above the fireplace: Why it's actually a terrible idea      - | -     What a CDC report says about vaccine effectiveness against the Delta variant      - | -     Pro-China misinformation operation attempting to exploit US Covid divisions      - | -     FBI releases new videos of suspect who planted pipe bombs outside RNC, DNC      - | -     Telemedicine abortion gets restricted in new executive order by South Dakota Gov. Kristi Noem      - | -     Geronimo the alpaca, who UK health officials killed thinking he had bovine tuberculosis, might not have been sick      - | -     20 years on, 9/11 mastermind still awaits Guantanamo trial      - | -     Medicine is an imperfect science – but you can still trust its process      - | -     Trump's inner circle says after Afghan debacle he will run in 2024      - | -     J&J Shot study shows Covid infections halved in health workers      - | -     U.S. probing nearly 350 reports of oil spills in wake of Hurricane Ida      - | -     How to protect children under 12 from Covid-19, according to Fauci      - | -     TikTok, live streaming, and 'creator economy' quickly changing social apps landscape      - | -     Relatives of MH17 victims speak of trauma in court      - | -     Doctors in Covid-19 are 'surprised and disappointed' at new record hospitalizations      - | -     Singing star Sarah Harding dies at 39 after cancer fight      - | -     As Donald Trump makes noise about 2024, Melania Trump tries to stay out of the public eye      - | -     COVID vaccine boosters: When is it time for that extra shot? Here's what we know      - | -     At least 46 dead after flooding overwhelms NYC, Northeast      - | -     States that had some of the worst Covid-19 case rates in past week also reported the highest rates of new vaccinations      - | -     There's now an official Trump Card design, and getting one will cost you $45      - | -     British defense secretary suggests US is no longer a superpower after Afghanistan withdrawal      - | -     15M Covid vaccine doses have been wasted in the U.S. since March, new data shows      - | -     As Biden falters, a two-man race for the 2024 GOP nomination begins to take shape      - | -     What Hurricane Ida Means for Louisiana's COVID-19 Problem      - | -     Mu COVID variant, which scientists fear is resistant to vaccines, detected in 39 countries      - | -     Ida left more than 1 million without power for possibly weeks, and now comes the scorching heat      - | -     Florida woman hospitalized with Covid returns home to find husband dead of same disease      - | -     Radioactive snakes could help scientists track fallout from Fukushima Disaster      - | -     Covid third wave could peak between Oct-Nov in India; intensity expected to be 1/4 of second wave      - | -     One dead, New Orleans without power as Hurricane Ida slams Louisiana      - | -     Fear and anticipation on the streets of Kabul as Afghans adapt to Taliban rule      - | -     Florida radio host 'Mr. Anti-Vax' dies of COVID-19      - | -     This new antibody can stop all COVID-19 strains, including new variants, experts say      - | -     Biden on terror attack in Afghanistan, eviction moratorium blocked among others      - | -     Biden and Trump battle over what could have been in Afghanistan      - | -     Alone in the sky, pilot and fiancee save 17 in Tenn. flood      - | -     Experts find 231 million year-old fossil, ancestor to most reptiles      - | -     With more than 100,000 people in the hospital with Covid-19, this August is worse than last, expert says      - | -     Nearly two dozen San Diego, California, students and their families are stuck in Afghanistan      - | -     California looking to pay drug addicts to stay sober      - | -     Will an asteroid ever hit Earth? NASA scientist gives reassuring answer      - | -     Biden receives inconclusive intelligence report on covid origins      - | -     Why Biden will end the final mission in Afghanistan in just 7 days?      - | -     China wants families to have three children. But many women aren't convinced      - | -     Strange wasp nests glow neon green under UV light      - | -     Twin babies were 'swept away' in Tennessee floods that killed at least 22      - | -     Kathy Hochul sworn in as 1st female New York governor; Cuomo blasts state attorney general      - | -     Why India's outbreak is a threat to the world     - | -     Suspected smuggling boat tragedy in San Diego adds to Biden's migrant crisis woes     - | -     Maryland votes to nix state song, a Confederate call to arms     - | -     Kim Janey rewrites history, Boston's first Black and female mayor     - | -     Gunman kills 10 at Colorado supermarket in second US mass shooting in a week     - | -     Kamala Harris laughs when asked if she will visit the border raises sharp criticism online     - | -     Roger Stone under fresh scrutiny as Capitol attack investigation intensifies     - | -     Vaccines will likely not be mandatory for teachers: Biden’s Education Secretary     - | -     Fauci warns about potential for an oncoming resurgence of virus if restrictions eased     - | -     Biden plug relief to Americans, celebrates 'transformational' victory on COVID-19 relief     - | -     LA Schools to Reopen in mid-April & NY City will open high schools next week     - | -     Women are tired of explaining to men like Andrew Cuomo why sexual harassment is wrong     - | -     Biden signs orders on gender equity, nominates two women to be four-star commanders     - | -     Nation takes baby steps to normality after year in lockdown; "The virus isn't going to go away," says Harvard epidemiologist     - | -     Rumours of vaccine site giving jabs to anyone because of low demand. Hundreds lined up     - | -     Vaccine supply will "dramatically" increase in weeks ahead: Fauci     - | -     Biden calls it "Neanderthal thinking" slams Texas and Mississippi's decisions to lift COVID-19 mask mandates     - | -     This Is What GOP Feared. Now that Trump Has Governed with Executive Orders, Dems Plan to Do Same      - | -     Man Throwing 'Incendiary Devices' at ICE Detention Center Is Killed in Attack      - | -     Mueller Hearing Pushed Back a Week to Allow More Time for Him to Answer Questions      - | -     Trump Tells 4 Congresswomen of Color to 'Go Back' to 'Crime-Infested' Countries They Came From      - | -     GOP Congressman Invokes 'The Deep State'

Editorials

A Look at Why the Trump Administration Keeps Losing in Court

viewsViews 4009

A Look at Why the Trump Administration Keeps Losing in Court

2019-03-19 20:20:59

By Laura Tucker, Staff writer; Image: Mike Pence, Donald Trump, Jim Mattis (Image source: Public domain)

 

 

While it's true that we live in a dispute-happy society with lawsuits being filed for so many different reasons, we don't expect that at a presidential level. Yet Donald Trump's administration continues to be sued and go to court repeatedly, sometimes even repeatedly over the same case, such as in the case of the Muslim ban. 

But they so often lose. The president even knows that himself. He predicted as much when he declared the national emergency in his money grab for the border wall. He predicted people would sue, he'd lose, they'd appeal, he'd lose, etc., until he wound up at the Supreme Court where he figures he'll win, since he has done his best to pack the high court with judges sympathetic to his causes.

 

The Washington Post took a look at just why it is that the administration keeps losing all these lawsuits. They noted that repeatedly judges complain that administration officials fail to follow the rules of governance for shift policy. This includes providing explanations that can actually be supported by facts and getting public input where it's required. 

Trump's so-called Muslim ban spent much time in court. It was blocked by lower-court judges. Two new executive orders were signed to supersede the original, and eventually the Supreme Court upheld the third version of the executive order. It would have saved much time and court costs if it wouldn't have been redrafted so many times.

 

"What they have consistently been doing is short-circuiting the process," explained Georgetown Law School's expert on administration law, William W. Buzbee. He has studied Trump's record. 

He allows that in the regulatory cases, "they don't even come close" to explaining their actions, "making it very easy for the courts to reject them because they're not doing their homework."

 

Two-thirds of the cases against the administration accuse them of violating the Administrative Procedure Act (APA), a law that has been in place for 73 years that forms the primary defensive principle against arbitrary rule. These cases should have been won about 70 percent of the time, but as of two months ago, Trump is only winning about six percent of them. 

"I've spent 3 years in the private sector complaining about the excesses of environmental regulation," said Seth Jaffe, a Boston-based environmental lawyer representing corporations that had been waiting on deregulation that was never delivered. "But this administration has given regulatory reform a bad name."

 

He's even wondered if the officials are more interested in announcing policy shifts than actually implementing the policy, as some of the errors in the legislation are so basic. 

"It's not just that they're losing, but they're being so nuts about it," he said. He added that the court losses have a "set regulatory reform back for a period of time."

 

Trump certainly needs to take part of the blame himself. After he made comments about "shithole countries," U.S. District Judge Edward M. Chen in San Francisco was convinced that the administration's decision to end "temporary protected status" for immigrants from Central America, Haiti, and Sudan was put forth because of racial and ethnic bias. 

Before he left his post in October, Matthew Collete was the deputy director of the Justice Department's Civil Division appellate staff. In his 30 years with that department, he'd never seen so many losses for an administration in that short of a time. "I don't think there's any doubt about that," he affirmed.

 

While Trump blames the losses on Obama-era judges in the 9th Circuit in West Coast states, only 29 have come from 9th Circuit judges. 34 have originated elsewhere, including the District of Columbia Circuit. 

Democratic judges have been responsible for 45 decisions, with the rest being attributed to Republican-appointed judges. Three are the decisions of magistrate judges who are not appointed by presidents.

 

Four different judges have heard and rejected the administration's decision to end DACA. All rejected it for basically the same reason.  

George W. Bush appointee U.S. District Judge John D. Bates said the government's basis for this decision was "virtually unexplained," making it unlawful. Bill Clinton appointee U.S. District Judge William Alsup in California rejected the idea that DACA creates a "litigation risk." He found it to be just "spin."

 

Three judges have knocked down the attempt to add a citizenship question to the 2020 Census. All have found Commerce Secretary Wilbur Ross's explanation to be unbelievable that having the question added was with the intention of improving enforcement of the Voting Rights Act. 

The Department of Homeland Security claimed their termination of temporary protected status was not actually changing policy, so it wasn't subject to review under the APA. Internal documents contradicted that, and it was blocked by Chen.

 

The Department of Health and Human Services was challenged after they decided to end $200 million in grants to 81 programs to prevent teen pregnancy. This was an abrupt decision after Valerie Huber was appointed as senior adviser to former HHS Secretary Tom Price. She believed in abstinence-only sex education and lobbied for the funding for the programs to be eliminated, as she said they "normalized teen sex." 

Once they were hit with many lawsuits, HHS argued that when they ended the grants, it didn't represent a policy change, and that meant they didn't need to provide an explanation under the APA.

 

U.S. District Judge Ketanji Brown Jackson asked a government attorney if an agency can "suddenly say 'too bad, so sad,' " and then cut off money without cause. When the attorney answered yes, she proclaimed it "weird" and ordered that the grants be restored. 

"This much is clear: A federal agency that changes course abruptly without a well-reasoned explanation for its decision or that acts contrary to its own regulations is subject to having a federal court vacate its action as 'arbitrary [and] capricious," she ruled.

 

Much of this, it seems, comes from officials' failure to follow the APA. The EPA and Army Corps of Engineers suspended a clean-water rule without asking for public comment or considering the implications, which they are required to do under the APA. They argued that they were only delaying the rule and not eliminating it after conservationists sued. 

George H.W. Bush appointee U.S. District Judge David C. Norton of South Carolina took the Trump administration to task by calling their approach "evasive" as well as "arbitrary and capricious."

 

"If your goal is to change policy, the little extra time" to explain it "is worth it," said Case Western Reserve University law professor, Jonathan H. Adler. "Various administrations don't always like that lesson, this administration more than most." 

"If the Trump administration wants to win future cases," said John D. Graham, School of Public and Environmental Affairs at Indiana University dean, "they must do a much better job of persuading judges appointed by Democratic presidents."

Post Your Comment




Most Recent Articles

Maggie Gyllenhaal's 'The Lost Daughter' wins big at 31st Gotham Awards

30 November, 2021

By Ravi Kumar  Image Source: Screen Shot The 31st Annual Gotham Awards are the first awards season indicator, with Maggie Gyllenhaal's The Lost Daughter winning big. Maggie Gyllenhaal's......More

Kentucky's Elle Smith takes the Miss USA crown

30 November, 2021

By Ravi Kumar  Image Source: Screen Shot Miss Kentucky Elle Smith has won the 2021 Miss USA pageant. Miss USA 2020 Asya Branch crowned Smith who will now head straight to Israel to represent......More

Messi unsure if his record seventh Ballon d'Or will be beaten

30 November, 2021

Messi unsure if his record seventh Ballon d'Or will be beaten...More

Get Published

Want to publish your own articles?

Create an account, and submit your articles, photos and/or videos. They will be reviewed by our professional copy editors, and if it is approved, it will be published for all our readers to view.

 
 

MORE FOR YOU