Here’s The Plaintiffs’ Motion To Enforce The Settlement, In Ms. L. Class Action, In San Diego…

The next shoe has fallen, in the Ms. L. class settlement, before the able Judge Dana Sabraw in Dan Diego. After numerous, repeated and clearly willful violations of the settlement by Team Trump. . . the plaintiffs, including the ACLU, now seek a permanent injunction, preventing Trump’s minions from any additional violations of the court’s prior orders.

It is a reasoned, point by point take-down of what is clearly Stephen Miller’s (i) inability to read our Constitution, and the prior court orders; or. . . perhaps (ii) he simply thinks his boss, Trump, is some form of. . . Putin.

He [and by extension, his boss, Trump] are wrong — on all counts. And the able Judge Sabraw will likely soon so rule. here’s the bit — and all 61 pages of it:

. . . .Under [Trump’s] view, then, any criminal history — no matter how minor, old, or irrelevant to a parent’s ability to care for the child — is an “absolute” license to separate, because such parents are without recourse under this Court’s orders.

But, as Plaintiffs have explained, this sweeping reading of the class certification Order is at odds with the history of this litigation, where the Court has made abundantly clear that such parents are part of this case. See Dkt. 439-1 at 3-6. This Court’s preliminary injunction order similarly made clear separation is prohibited absent a finding that the parent is a danger or unfit. . . .

[Trump’s] effort to characterize Plaintiffs’ Motion as requiring amendment of the class definition is beside the point. Plaintiffs’ core claim is that [Trump’s] separation decisions are not based on the due process and child welfare principles this Court laid out in the preliminary injunction, and that further guidance from the Court is thus required. What Plaintiffs seek at this stage is for this Court to reiterate and enforce the standard for separation it has already identified. Whether the Court chooses to do so by further clarifying the preliminary injunction standard or by amending the class definition is not the critical issue. . . .

Onward. If you want a darkly morose hoot, google the images for Stephen Miller’s new girlfriend, in a Border Patrol cap, with white roses, on her Twitter feed. [Never mind. I’ve made it the graphic, for this post.] She used to be Rep. McSally’s communications director, but just became Mike Pence’s press secretary. Man, are these ever. . . dark times. . . onward, anyway.


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