WORLD CUP UPDATE: Just when all seemed lost, cometh the moment, cometh the man -England's brilliant striker Harry Kane at the 74-minute mark tied the match ⚽with CR Congo, and an entire (small island) nation exhaled. 1-1.
AND Harry Kane did it again! Scoring the go-ahead goal ⚽and the lads advance and will travel to Mexico to play the home-town hombres this weekend. NB: Harry Kane has now scored more world cup goals ⚽ than the legendary GOAT Pele! ⚽
Rest assured we are watching every moment. These Congoians (???) play some tough D- like the 86 Bears or 75 Steelers.
Happy July 1! We are still around (for now). More on this in the coming days.
July First is, as everybody knows, Bobby Bonilla day! The NY Mets signed Bonilla to a five-million-dollar contract in 1999 and Bonilla agreed to defer his money until starting in 2011 at which point the Mets have for every year paid Bobby B 1.93 million dollars. The deferment payments continue until 2035. Not a bad deal.
Here's our take on the 14 Amendment Birthright Citizenship decision.
First, a ton of history. CJ John Roberts starts with a lengthy exposition on England, the colonies, and who was a citizen and how they became one. Both the majority and dissenting opinions quote a lot from decisions in the Cranch legal reporter, as well as every justice who wrote an opinion quoted Fredrick Douglass, both his books and speeches to support their own reasoning. Recall that the 14th Amendment was enacted to confirm citizenship to Black Americans who had been slaves. Douglass's words about the amendment confirming not conferring citizenship on former slaves are very persuasive.
Which is why we think the dissents of Justice Thomas and Alito carry the day. Their reasoning that the 14 Amendment provided citizenship to a group of people born in the United States who were domiciled in this country and owed no allegiance to foreign powers simply makes more sense in both the historical and current context.
When you read all the opinions, much is made of what does and does not constitute the establishment of a domicile- the kind of late-night arguments we envision occurring in the comfy wood-paneled law offices of legal sharpies who work on top of a garage. So read the opinions for everything you wanted to know about the law of establishing a domicile, and more.
Now the more reactive and less learned of our readers will react with outrage of our support for the dissents. "How could you say (fill in the blank) is not a citizen?" They were born here and blah blah blah."
The more educated readers will understand that our opinion is not an expression of anti-immigration sentiment. We are firmly of the belief that we are a country of immigrants (other than Native Americans) and that we are stronger because of it.
But on the legal question of whether the 14th Amendment confers citizenship on someone who simply happens to be born here- like in the case of birth tourism- Thomas and Alito got it right (as much as it pains us to say it). Roberts got it wrong, and Kavanaugh punted with his narrow concurrence on a 1940's statute being the reason the executive order was wrong and the reason to uphold the New Hampshire District Court's decision.
The Supreme Court Term is over, and like them, we are planning our summer sojourns to far flung areas of the planet. Whether we return for the first Monday in October is an entirely different discussion.
27 comments:
So you don't think a kid born here to an undocumented immigrant is subject to the jurisdiction of the US? That'd be news to the judges that regularly deal with court cases involving such children. My kids were adopted after being taken into foster care by the State due to allegations of neglect from an undocumented mother who gave birth to them here. According to you DCF and then judges, should have just said no sorry we don't have any jurisdiction over them or authority to determine what is in their best interests?
Thought provoking to the last(??) Rumpy. I, nevertheless, remain unconvinced. I have yet to hear a compelling argument explaining how every person (not just some) that would be covered by the executive order is not "subject to the jurisdiction" of the United States. Discussion about domicile and homilies on history make for good Supreme Court opinion writing. I have learned quite a bit having read it. But no amount of extrapolating the original purpose behind the text will change the meaning of the word jurisdiction. If birth tourism concerns you, legislate it - nothing in the fourteenth amendment prevents criminalizing the parents. If the eligibility to vote of children born from people here illegally concerns you, amend it - the requirements to amend the Constitution are no different now than they were when the fourteenth amendment was passed. If you believe that present political polarization makes either of those impossible, consider improving your argument.
It’s DR Congo not CR. “Democratic Republic “. You know, what we had here BT.
No. I firmly believe children in this country even as a tourist should be fully protected from any abusive situation. And if placed in foster care and adopted they should become US citizens by virtue if their parents being domiciled in this country and not owing any allegiance to any foreign power. But did you read where I wrote “blah blah blah “? That’s pretty much you attacking me because you’re outraged over a scenario and not understanding that my thoughts are based on logic and reasoning and you’re being an emotional drama whatever.
An exercise in how to allow Republicans to treat immigrants like garbage while not having to have replacement fear for the 18 years until the kid can vote to replace them. Here's a clue Republicans. You have an 18-year clock not to treat them and their parents like garbage so maybe they vote for you.
You’re missing the point if the US has authority to investigate their situation and get involved in it as a government and make binding decisions about their lives, then they are “subject to the jurisdiction of the United States”. Whether they are ultimately adopted is irrelevant (that is a separate way to confer citizenship), children born in the U.S. to undocumented immigrants are subject to U.S. jurisdiction as evidenced by my situation and many others. So based on the plain language of the 14A such children are citizens..
USA 🇺🇸 USA 🇺🇸 USA 🇺🇸. Great match. Big heart. Playing down a man for nearly one third of the match. How pretty was that goal by Tillman!
Thx for staying on Rumpole. Thx to the Captain for his contributions as well. You two should keep doing what you are doing. Not many blogs can claim they were responsible for a Petition to be filed in the Supreme Court of Florida forcing the Governor to act on his constitutional duty.
Next up. Time to crush Belgium.
Some of these ASA’s are so cringe. They can’t even articulate a decent argument in court. I just hear whining and complaining.
## USA WINS. EUROPE OBJECTS.
No one rested on July 1.
Especially not Bosnia.
The United States Men’s National Team beat Bosnia and Herzegovina 2-0 in Santa Clara, which means the Americans are moving on to the Round of 16, which means soccer people will be insufferable for at least four more days.
We welcome this.
The official score sheet reads like a very efficient trial transcript:
Balogun — 45th minute.
Balogun — red card, 64th minute.
Tillman — free kick, 82nd minute.
USA — not dead yet.
The win was the USMNT’s first World Cup knockout victory since 2002, which is also the last time most American soccer fans remember feeling hope without immediately checking for appellate issues. U.S. Soccer’s recap says Balogun scored at the end of the first half, was sent off in the 64th, and Malik Tillman buried the free kick in the 82nd to send the U.S. through to Belgium on Monday, July 6, in Seattle. ([U.S. Soccer][1])
A word about Tillman.
That was not a free kick.
That was a closing argument.
Right foot. Over the wall. Into the net. No rebuttal.
The Bosnian keeper got a hand on it, which is what lawyers call preserving the issue for appeal. The ball still went in. Judgment entered.
And the United States did this with ten men for almost thirty minutes, which is either heroic or a violation of several local rules. We will need to check the administrative order.
Balogun’s red card was the problem. He scored. He celebrated. He then made the kind of challenge that causes VAR to put on reading glasses and ask everyone to approach sidebar. The call means he is expected to miss Belgium, which is not ideal because he has been the most dangerous American forward in the tournament. ([CBS Sports][2])
But the U.S. did something we are not used to seeing.
It did not panic.
It did not retreat into a bunker and ask Tim Howard to come down from the broadcast booth.
It absorbed pressure. It kept shape. It defended like grownups. And then, while down a man, it went looking for the second goal.
This is new.
We are suspicious.
Now Belgium.
Of course it is Belgium.
The same Belgium that gave the U.S. nightmares in 2014. The same Belgium that always seems to have three midfielders named Kevin, six center backs who look like they own a construction company, and one striker who has been described as “unplayable” by someone on television.
Belgium got here by coming back from 2-0 down to beat Senegal 3-2 in extra time in Seattle. So they are talented, tested, and apparently unwilling to accept adverse rulings. The winner of USA-Belgium goes to the quarterfinals in Los Angeles.
Keys to Monday:
No Balogun.
No cheap cards.
No twenty-minute naps.
And someone please mark the guy at the back post. We have seen this movie. We did not enjoy the ending.
Pulisic has to be brave. Tillman has to keep finding pockets. McKennie has to make the match ugly enough that Belgium wonders why it ever left Brussels. And the back line has to survive the first fifteen minutes without treating the ball like an exhibit nobody authenticated.
Prediction?
We do not make predictions.
Except when we do.
USA 2, Belgium 1.
On penalties? No. We are not emotionally prepared.
Before we go, the quote of the week belongs to President Trump, who said he “had a conversation with Theodore Roosevelt” about the Panama Canal and whether Democrats gave it away for a dollar.
Which raises the obvious question:
Can Teddy play the six?
Because if the Rough Rider is available Monday night in Seattle, Pochettino should call him immediately. Belgium has height. Belgium has experience. Belgium has extra-time resilience.
But Belgium has never had to defend a dead president asking for the ball while shouting about canal rights.
See you Monday.
Rumpole's "blah blah blah" commentary is both demeaning and wrong. What you've written is that the human costs of an alternative decision are properly considered by the court. For example, Brown v. Board of Education considered the psychological harm to black children from school segregation, in light of the psychic injuries suffered from segregation generally, in deciding the issue. And properly so. If the intent of the founders had been the touchstone, we would still follow Dred Scott.
Rumpole, did you oppose Roe v. Wade and celebrate its demise? Where do you stand on Lawrence v. Texas? From what I've seen, people who espouse originalism tend to oppose what I believe you'd consider to be human progress. Why must we maintain slavish devotion to the world-view of our slave-owning founders?
Congo, Curacao and even Ghana made it to the World Cup yet Italy-- once again failed to make it to the World Cup. Do you know how important soccer is to Italy????????
9:03 am. I did not celebrate the end of Roe. I believe in the sanctity of human life but I do not like what has occurred. But I also felt Roe is the kind of opinion grounded in the kind of unlawerly reasoning that makes it ripe for reversal. When you talk about “human cost” you enter the whose ox is gored reasoning of jurisprudence that I do not like. It gives space for conservatives to do what they are doing now. Issuing legal decisions based on their morals and values. And I for one don’t want to live in a country where the law turns on what a judge feels is right or wrong. It can give you Roe. And it can also outlaw homosexuality- and I don’t want to see that happen. Again - small minds fixate on results and what is “right”. Deep thinkers decide issues based on a philosophical set of rules that can be adhered to consistently. You seem to want to take your chances with a roll of the dice that your politicians will win and if they don’t you’ll have to suffer with legal decisions like this is a Christian country. As a moderate Druid I don’t want to roll the dice and be forced to pray to Christ in court - like I once saw happen in. Federal district court in Dallas (by the chief judge to boot ).
How is the civil lawsuit against the win at all cost ASA’s?
Rumpole - when you reach my age and have wisdom, you realize that you can not change the world.
When we were young and were developing ideals, we thought that we could change the world.
Maybe that was narcissistic. Maybe it was altruistic.
But now, alas the court system, politics, geopolitics, family structure, communities, idealism and, yes, even humanity are degraded to such a degree that it is IRREVERSIBLE.
Big cities with leftist and antisemitic leaders will only inspire the same abhorrent thought process and actions in its “citizens.” Those ideas will just increase in rhetoric and criminality as more entitlements are promised by candidates running on extremist platforms.
Detroit, New York City, Newark, LA, etc. will never return to moderate mentalities and centrist leaders like we luckily had after WWII. Those cities will continue to harbor the worst of a society with increased homelessness, drugged up zombies and streets with unfixed potholes and infrastructure in disrepair forever.
It breaks my heart Rumpole.
Then we have AI - Only God knows that impact.
I’m now a pessimist Rumpole. I had so much hope for this world when I was younger. I lost the hope with “leadership” like we have. I’m sad.
You, sir, are a hero. Take Me Home, Country Roads.
“July First is, as everybody knows, Bobby Bonilla day! The NY Mets signed Bonilla to a five-million-dollar contract in 1999 and Bonilla agreed to defer his money until starting in 2011 at which point the Mets have for every year paid Bobby B 1.93 million dollars. The deferment payments continue until 2035. Not a bad deal.”
This deal was structured by none other than Bernie Madoff back when Fred Wilpon was owner of the Mets. Wilpon claimed Madoff had lost/stolen $700,000,000 from him when in reality Wilpon profited by $300,000,000 because of Madoff. Many believe Wilpon ultimately sold the Mets to avoid prosecution and prison.
“The war outside still rages but you say it ain’t ours anymore to win …”. Bruce Springsteen, No Retreat No Surrender.
its coming.....
The red card was issued to a tourist baby. The man who won it is exactly the kind of fellow Trump and the fascists wanted out of the us.
Sometimes my burden seems more than I can bear. It’s not dark yet, but it’s getting there. By a guy who won a Nobel and skipped the ceremony.
9:03 am here. Not sure I endorse your view that only "small minds fixate on ... what is 'right.'" The greatest thinkers in human history "fixate on ... what is 'right.'" That includes lawyers, Clarence Darrow for example. The bill of rights are meant to protect us from government oppression. As a criminal defense lawyer, your job has been to argue for expansion of those rights. Why? Because they protect our clients and the rest of us. Those who labor here understand that our clients are the tip of the spear - if the government is not bound by an expansive reading of our rights in connection with those who are despised -- criminal defendants -- we are all at risk. That's what you'd call blah blah blah thinking. But I'm guessing that the judges you most admire are not originalists, but those who are capable of imagining both suffering and the constant potential for government autocracy. And I'm guessing you're not a "moderate Druid" when it comes to advocating for your clients.
When we argue for fortification or expansion of our clients' rights, we often argue that constriction would have dire effects for those not facing charges. We imagine the impact on others. Is that frivolous or disingenuous? Is a judge who adopts our arguments veering from her constitutional responsibilities?
I take your point about whose ox is gored. The religious liberty cases of the past 5-10 years, resulting from the imaginative expansion of First Amendment rights, gored my ox. But I can see that this expansion will benefit not just Christian nationalists, but also Muslims. Of course, it's harder to see the upside in the 2d Amendment cases, another gored ox. But the same general principle applies, the fortification and expansion of the bill of rights tends, if not infallibly, toward the public good.
You mean it’s going
Miami Dade Sheriff’s office needs more Parking Enforcement. People think they are entitled and park in the fire lanes all over Dade County.
I’m not Rump I oppose Row v. Wade.
Ahh yes, like you, I prefer to have our government run by christian nationalists who celebrate racism and religious bigotry, who shift vast wealth to the vastly wealthy while cutting food, education, and medical care for working people, with decreasing wages. Ahh yes, like you, I have cheered the withdrawal of foreign aid, leading to hundreds of thousands of preventable deaths, and the frenzy of punitive hatred towards immigrants.
Meanwhile, those commie socialist antifa bastards are trying to reduce the cost of housing, child care, food and medical care, save benefits for seniors and the disabled, increase minimum wage, strengthen unions so they can negotiate better work conditions, reduce greenhouse gases.
What we had after WW II was the New Deal. That's why things were better then, because of FDR, who was not a moderate leader. Homelessness and drug use have soared under republican and democrat leadership. Since we haven't yet had socialist leadership, hard to guess its impact on homelessness and drug use, isn't it. Tell you what, though, Scandinavian countries with socialist leadership have way less of both than we do.
I don't disagree that the "court system, politics, geopolitics, family structure, communities, idealism and, yes, even humanity are degraded," but I don't think you can blame this on socialist leadership because, but for a few very recent elections, we haven't had any.
And once again, for the cheap seats, being anti-Israel is not the same as being anti-semitic. You know that. You conflate them in order to muzzle criticism of Netanyahu and his cohorts.
El Presidente Trump is now warning Americans against Communism here in the USA. He & his Republican attack dogs including FOX news are saying the Dems are Commies who hate America. Guess he was jealous of Ron DeSantis blackballing CAIR by labeling them a terrorist organization. How long till the House creates a Committee on UnAmerican Affairs?
Sir Wilfred, I'm getting concerned about this attack line: because we have recently seen the election of a handful of democratic socialists, now democrats are all communists. Sure it's stupid. But it has a pavlovian effect on a lot of people, obliterating reason. Nicholas Kristof had an interesting column in the NYT in the last few days about Norway, what socialism has meant there: higher wages, good education, free child care, free medical care, 5 weeks vacation a year, long parental leave for new mothers and fathers, solid pensions. These are conditions that almost all Americans would likely want. And the cost of these conditions: higher taxes on the wealthy. The tax rate hasn't caused industrial retrenchment - the economy is growing well - or an exodus of capital or capitalists. There's community satisfaction in lifting all boats. Norwegians are near the top of the happiness index, and they live a lot longer than we do, even with 6 months of darkness a year. Of course, Norway has wealth -- oil. But we too have wealth.
I'm not ignoring the excesses of communist countries like Cuba or Venezuela. But it would be stupid to ignore the impact on those countries and their governments of decades-long punitive sanctions by the United States. We point to Cuba and say, look, the people are suffering, they have nothing under this system, but we take no responsibility for the part we've played in causing that suffering. In contrast, China -- too big for us to bully -- has evolved from communism to a mixed economy and ideology.
Knowing how poorly educated most of us are, Trump will continue to be Dr. Pavlov while we continue to salivate on cue.
Haven't we learned anything from the last red scare?
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