Lone Candle
Champion of Truth
“The lawsuit filed by USAID employees and contractors argued that Musk and DOGE are wielding power the Constitution reserves only for those who win elections or are confirmed by the Senate.”
https://www.yahoo.com/news/judge-rules-doges-usaid-dismantling-192012185.html
“the White House’s social media team had no such concerns as it gleefully bragged about sending dozens of people to a Central American prison without any proof of their guilt.”
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“The White House says most of the migrants deported over the weekend were believed to be Tren de Aragua members (while others were part of MS-13, a different gang). However, immigration attorneys have pointed out that the administration has not released detailed information about the individuals or explained why they were chosen for deportation.”
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“The Trump administration’s determination to ignore due process for would-be deportees would be worrying even if it were happening in a vacuum. However, that’s not the case. From the relatively low-stakes willingness of the Department of Government Efficiency to move fast and not wait for permission, to the Trump administration’s attempt to punish law firms for working with the administration’s opponents, and its ongoing attempt to undermine birthright citizenship, the White House is showing little regard for limits on executive authority.
On several different issues, the Trump administration’s “actions reflect an unorthodox conception of American government in which the president pushes his powers to the outer limits, with diminished regard for the checks and balances provided by the legislative and judicial branches,” is how The Wall Street Journal summarized things on Monday.”
https://reason.com/2025/03/18/we-are-not-stopping/
“A Rhode Island doctor who is an assistant professor at Brown University’s medical school has been deported to Lebanon even though a judge had issued an order blocking the U.S. visa holder’s immediate removal from the country, according to court papers.
The expulsion of Dr. Rasha Alawieh, 34, is set to be the focus of a hearing on Monday before a federal judge in Boston, who on Sunday demanded information on whether U.S. Customs and Border Protection had “willfully” disobeyed his order.”
https://www.yahoo.com/news/doctor-brown-university-deported-lebanon-221023691.html
“A federal judge has ruled that Elon Musk’s Department of Government Efficiency is wielding so much power that its records will likely have to be opened to the public under federal law.
U.S. District Judge Christopher Cooper said the vast and “unprecedented” authority of DOGE, formally known as the U.S. Digital Service, combined with its “unusual secrecy” warrant the urgent release of its internal documents under the Freedom of Information Act.
“The authority exercised by USDS across the federal government and the dramatic cuts it has apparently made with no congressional input appear to be unprecedented,” Cooper wrote in a 37-page opinion.”
https://www.politico.com/news/2025/03/10/judge-orders-doge-record-release-00223151
“The law, Assembly Bill 2839 makes it illegal for an individual to produce “knowingly distributing an advertisement or other election communication, as defined, that contains certain materially deceptive content,” within 120 days of an election and up to 60 days after. Affected candidates can file for a civil action enjoining distribution of the media, and seek damages from its creator.”
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“content creator Christopher Kohls filed a lawsuit arguing the law was overbroad, violating his First Amendment rights to make parody content. Kohls has a YouTube channel with more than 300,000 subscribers, and his videos often consist of political parodies featuring political candidates seemingly mocking themselves.”
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“Judge John A. Mendes, a judge on the United States District Court for the Eastern District of California, sided with Kohls, ruling that the law doesn’t pass constitutional muster because it does not use “the least restrictive means available for advancing the State’s interest.”
“Counter speech is a less restrictive alternative to prohibiting videos such as those posted by Plaintiff, no matter how offensive or inappropriate someone may find them,” Mendez’s opinion reads. “AB 2839 is unconstitutional because it lacks the narrow tailoring and least restrictive alternative that a content based law requires under strict scrutiny.”
Mendez’s ruling argues that the law, which is aimed at cracking down on “deepfakes” and other forms of false speech intended at misrepresenting an opponent’s views and actions, ends up making illegal a much wider range of speech than these specific statements.
“While Defendants attempt to analogize AB 2839 to a restriction on defamatory statements, the statute itself does not use the word ‘defamation’ and by its own definition, extends beyond the legal standard for defamation to include any false or materially deceptive content that is ‘reasonably likely’ to harm the ‘reputation or electoral prospects of a candidate.'”
While the law did contain a provision exempting parody content that contains a disclosure, the requirement was onerous, mandating that it be “no smaller than the largest font size of other text appearing in the visual media.”
Just one part of the law was found to pass constitutional muster—a requirement audio-only media be disclosed at the beginning at the message, and every two minutes during the duration of the content.
“While the Court gives substantial weight to the fact that the California Legislature has a ‘compelling interest in protecting free and fair elections,’ this interest must be served by narrowly tailored ends.” Mendez writes. “Supreme Court precedent illuminates that while a wellfounded fear of a digitally manipulated media landscape may be justified, this fear does not give legislators unbridled license to bulldoze over the longstanding tradition of critique, parody, and satire protected by the First Amendment.””
https://reason.com/2024/10/03/judge-stops-california-law-targeting-election-misinformation/
“”Criminal laws have grown so exuberantly and come to cover so much previously innocent conduct that almost anyone can be arrested for something,” Supreme Court Justice Neil Gorsuch observed in 2019. Gorsuch elaborates on that theme in his new book Over Ruled, showing how the proliferation of criminal penalties has given prosecutors enormous power to ruin people’s lives, resulting in the nearly complete replacement of jury trials with plea bargains.
“Some scholars peg the number of federal statutory crimes at more than 5,000,” Gorsuch and co-author Janie Nitze note, while “estimates suggest that at least 300,000 federal agency regulations carry criminal sanctions.” The fact that neither number is known with precision, they suggest, speaks volumes about the “unpredictable traps for the unwary” set by the government’s ever-expanding rules.
To illustrate “the human toll” of “too much law,” the book tells the story of Florida fisherman John Yates, whose grueling legal odyssey began with the charge that he had discarded undersized red grouper. That alleged act supposedly violated a law aimed at deterring the destruction of potentially incriminating financial records. Gorsuch also recalls the pretrial suicide of 26-year-old computer programmer Aaron Swartz, whom prosecutors threatened with “decades in prison and millions in fines” for downloading a bunch of articles from an online academic library without permission.
Over Ruled emphasizes how overmatched ordinary people are in disputes with bureaucrats empowered to write the rules under which they operate. Those nemeses include officials charged with dispensing government benefits, deciding whether immigrants can remain in the country, and enforcing the frequently arbitrary and petty restrictions inspired by COVID-19. Gorsuch also decries draconian prison sentences and mass incarceration, again illustrating how his supposedly right-wing instincts frequently overlap with progressive concerns. His compassion for people confronted by bewildering, absurdly punitive legal codes defies ideological stereotypes.”
https://reason.com/2024/10/04/over-ruled/
“The “historical tradition” test announced in Bruen has no real substance, cannot be applied consistently by lower court judges, and has led to absurd and immoral results. Just last June, for example, the Supreme Court had to intervene after an appeals court, in a perfectly honest application of the Bruen decision, ruled that people subject to domestic violence restraining orders have a constitutional right to own a gun.
But, while the Court’s decision in that case, United States v. Rahimi, reversed one of the federal judiciary’s most astonishing post-Bruen decisions, it left Bruen’s confounding historical test in place. Under Rahimi, “a court must ascertain whether the new law is ‘relevantly similar’ to laws that our tradition is understood to permit” — whatever the hell that means.
In a separate concurring opinion in Rahimi, Justice Ketanji Brown Jackson quoted a dozen lower court opinions complaining that judges can’t figure out how Bruen is supposed to work. As one of those opinions stated, “courts, operating in good faith, are struggling at every stage of the Bruen inquiry. Those struggles encompass numerous, often dispositive, difficult questions.”
This chaos is likely to continue until Bruen is overruled. The history and tradition test announced in the case provides lower court judges with no meaningful guidance on which gun laws are constitutional. And Bruen allows judges who are determined to reach pro-gun conclusions no matter what the consequences to strike down virtually any gun law — which may explain Broomes’s decision in the Morgan case.”
https://www.vox.com/scotus/368616/supreme-court-second-amendment-machine-guns-bruen-broomes
“Immigrants, including those living in the U.S. illegally, can get a green card if they marry an American citizen. But U.S. law generally requires those who entered the U.S. illegally to leave the country and re-enter legally to be eligible for a green card. Doing so, however, can trigger a 3- or 10-year ban from the U.S., prompting many mixed-status families not to pursue that option.
While the Biden administration has argued its initiative promotes family unity in households that include U.S. citizens, Texas and the other Republican-controlled states said in a lawsuit filed Friday that the policy rewards illegal immigration. The red states, which have challenged nearly every major Biden administration immigration move, said the policy misused the immigration parole authority.
On Monday, Barker, the federal judge in Texas appointed by former President Donald Trump, issued an administrative order prohibiting the Department of Homeland Security from granting parole to those applying for the Keeping Families Together policy.”
https://www.yahoo.com/news/judge-blocks-biden-administration-granting-000817351.html
“A federal judge on Friday permanently banned Arizona from enforcing a new law restricting how closely people may film police, finding that the law violates a core First Amendment right to record law enforcement officers.”