I am dismayed at the lack of legal insight exhibited by the vast majority of commentators in their examination of President’s Trump’s executive order restricting the entry of certain classes of aliens into our country. I have read several articles on this hotly contested issue, and none of them seem to touch on the key points of law. If the 9th Circuit stay against Trump’s executive order is overturned, as it should be, I believe that will be done based on lack of legal standing on the part of the Plaintiff States (Washington and Minnesota). There are aspects of standing that, to my knowledge, no one has as yet discussed in the context of Trump’s order. For instance, standing must be “distinct.” (But you won’t see that in the blogger summaries.) I found the following in the Federal Practice Manual for Legal Aid Attorneys, which is accessible on line.
The (Supreme) Court expounded on (the principles of legal standing) in Warth v. Seldin, where the Court coined the phrase “distinct and palpable injury” to capture the requirement that plaintiffs must plead more than a generalized or undifferentiated grievance against the government.83 “Distinct” generally means that the challenged act or policy affects the plaintiff differently from citizens at large…. The Court explained in Warth that the prohibition against citizen standing and taxpayer standing did not derive from Article III. Rather, the requirements that a plaintiff suffer a distinct and palpable injury are “essentially matters of judicial self-governance.”84 Thus, while the requirement of injury in fact is rooted in Article III, the requirement that the injury be distinct and palpable is a prudential limitation on standing created to effectuate the separation of powers. (Italics mine.) Continue reading
Over the course of my life I’ve listened to 50s rock, surf, Beatles and the British Invasion, classic rock, and heavy metal. Around the time I turned 50, I began appreciating the kind of vintage standards and contemporary ballads that my parents have always liked.
Don’t worry; I’m not going to go all John Boehner on you.
I still enjoy hearing Tom Petty’s “Free Falling,” or Judas Priest’s “You’ve Got Another Thing Coming.” But I don’t automatically close my ears to the great melodies, heartfelt lyrics, and stellar arrangements to be found on the softer pages of the American songbook.
I did not consult the Internet when making this list. These are simply ten songs I came up with off the top of my head while sitting on the couch.
“Johnny Angel,” Shelley Fabares
Though I didn’t have a girlfriend yet, there was something about listening to this sparkling ode to young love on my elementary school playground that made me think I was going to have one soon. If that girl was anything like the angels who sang this song, I was going to be in seventh heaven. Few of us have not suffering over an unrequited love, and no sweeter chorus of voices has ever complained of it. Continue reading
Congress by statute has authorized the president (NOT the court) to “suspend the entry of all aliens or any class of aliens” whose entry HE (NOT the court) determines “would be detrimental to the interests of the United States.” He doesn’t need to go to Congress or any court in the land for permission. He can prohibit their entry “by proclamation.” And he can do it for as long as “he shall deem necessary.”
Besides which, if America is as bad as liberals say it is, Trump is doing Muslims a favor by telling them to stay home, is he not? Continue reading
They have as much fun with the box as they do with the toy that came in it! If you have been around toddlers at a birthday party then you know it is true. That’s not much consolation to friends or relatives who poured valuable time and deep thought into finding the perfect gift for the child, but they can always consider it as two gifts in one, right? By using your own ingenuity and letting your children use their creativity, you can find plenty of inexpensive ways to entertain ages from the toddler crowd all the way up through grade school. Extending the life of a piece of cardboard destined for the recycler is one way. Here is a hefty list of ideas to get you started, inside or outside the box. Continue reading
Hubby and I were up with bells on (and dogs barking) to watch President Trump’s inauguration this morning. Having a dog is like having a child who never ages beyond 5 years. I receive probably ten or more referrals by the American Kennel Club each year, and the question is always somewhat the same: “Should I get a dog; and, if so, what breed?” Continue reading
There are some reliable natural cleaners on the market that have been available for years in co-ops and now there is a new slew of household cleaners on store shelves in the likes of Target and Fred Meyer. They claim to be “green,” but, wait a minute – Clorox® and “natural” on the same label? Continue reading
Spring is coming! If you are one of my regular readers, you have probably planted and have a nice start on your new orchard. Early spring is a good time to catch up around the yard. I try to get these tasks done in February. I also like to get my snow peas planted by Valentine ’s Day. Here are some of my routine spring chores. Continue reading
In our small community here, in Arizona City, my husband Frank and I actively participate in our non-denominational worship services each Sunday. Frank assists with providing music and I contribute by putting the applicable hymn lyrics up on a large TV Screen. Recently, I had the opportunity to do a bit of research about one of our favorite hymns: “It is well with my soul.” In this month’s article, I’m sharing a bit of what I learned. Continue reading
The Sierra Club and other environmental groups are objecting to PGE’s plan for new, natural gas-powered generation to help replace the electrical output that will be lost when PGE shuts down the Boardman coal plant in 2020. What these groups should admit is that they are the ones responsible for that decision. Continue reading