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High School Students Demanding Gun Reform Join Rich History of Teen Resistance |
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Wednesday, 28 February 2018 15:00 |
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Turnbull writes: "From civil rights to Standing Rock, high school students, many not yet old enough to vote, have raised their voices and become formidable allies to effect change."
Cameron Kasky addresses other students as they rally at Marjory Stoneman Douglas High School after participating in a county-wide school walk-out in Parkland, Florida, on Feb. 21. (photo: Rhona Wise/Getty)

High School Students Demanding Gun Reform Join Rich History of Teen Resistance
By Lornet Turnbull, YES! Magazine
28 February 18
As activists, youth have not always been visible. But past social justice movements show how effective they can be.
ince the Feb. 14 mass shooting at a high school in Parkland, Florida, the national spotlight has been on the courageous student survivors who have been too outraged to be cast only as victims of tragedy. Rather, they have been activated, calling out lawmakers and demanding gun reforms.
This is not new. From civil rights to Standing Rock, high school students, many not yet old enough to vote, have raised their voices and become formidable allies to effect change.
The killing of 17 people at Marjory Stoneman Douglas High School has reignited the contentious debate over the nation’s gun laws and inspired an explosive new movement among students. From Massachusetts to Washington state, high school students have staged walkouts, sit-ins and die-ins this week in solidarity with the Florida students, who have aimed their trauma and anger at both the White House and statehouses, demanding lawmakers to act.
“I’ve been simply enthralled by these students,” says Andrew Brennen, a college activist and organizer who years ago formed a student movement around education at his high school in Kentucky. “They aren’t the polished pundits we are used to seeing on TV, and that’s what makes them appealing to such a cross section of the country.
“They didn’t come from some political interest, but are driven entirely by dedication to a common interest: that they should be able to go to school without being shot.”
While the massive student uprising has led at least one superintendent in Texas to threaten the suspension of students who choose to walk out of class, it also appears to have motivated politicians to act.
On Friday, CNN reported that Florida Gov. Rick Scott had announced a comprehensive plan that included millions of dollars to improve school security, raising the minimum age for buying a weapon from 18 to 21, keeping weapons out of the hands of the mentally ill, and banning the sale of bump stocks, a rifle attachment that allows faster firing. The Republican governor’s plans, which put him in direct conflict with the National Rifle Association, of which he’s a member, also call for tougher background checks and waiting periods to buy firearms.
As activists, youth have not always been visible.
There are many examples throughout the civil rights era of brave actions by high school students. While most people know the name Rosa Parks, few might know about Claudette Colvin, who in 1955 was just 15 when she was arrested for refusing to give up her seat on a bus in segregated Montgomery, Alabama—nine months before Park was arrested for the same offense.
Years earlier, Barbara Johns led a walkout at the all-Black Robert Russa Moton High School in Virginia to protest racial injustice there. She contacted the NAACP, which sued on her behalf, and her case became one of five involved in the 1954 Brown v. Board of Education desegregation ruling.
More recently, one of the largest Native resistance efforts in modern U.S. history, the uprising at Standing Rock had its beginnings in actions by an indigenous youth group called the One Mind Youth Movement. Students set up a “prayer camp” on the edge of the Standing Rock reservation and organized a 2,000-mile relay-style run to Washington, D.C., to bring those concerns to federal officials and draw national attention to the issue.
Two years ago in Kentucky, Brennen spearheaded an effort to restore millions of dollars in state lottery funds that had been intended by law to help needy high school students pay for college but were instead diverted elsewhere. Mobilizing on social media and under #PowerballPromise, students got lawmakers to restore $40 million for need-based financial aid.
“We had students from every corner of Kentucky come to the Rotunda to share stories about what it meant to be a low-income student trying to navigate the post-secondary transition process,” said Brennen, who as a high school junior formed the Prichard Committee’s Student Voice Team that headed the movement.
Few high school students today were even born when two high school seniors in 1999 killed 12 students and a teacher at Columbine High School in a Denver suburb. There was outrage then. But in Florida and across the country, students have vowed not to back down.
The Florida survivors have announced a March for Our Lives rally scheduled for March 24, expected to draw as many as 500,000 people. And Oprah Winfrey is matching a $500,000 donation for the event from actor George Clooney and his wife, Amal Clooney, a human rights lawyer. In a statement Winfrey said: “These inspiring young people remind me of the Freedom Riders of the ’60s who also said we’ve had ENOUGH and our voices will be heard.”
Ian Coon, spokesman for Student Voice, a youth-led nonprofit organization that trains middle and high school students to become activists and leaders, says what’s happening in Florida isn’t new. “Young people are taking action on issues that they feel are important and directly affect them, and I think that we all benefit from that activism,” he said. “Student voices today influence the world we all live in tomorrow.”
Brennen said students like those in Florida face unique challenges when taking on adults and the establishment. “Eventually they’ll have to go back to school,” he said. “Many of them can’t vote; they can’t even drive. There are so many reasons why youth and young people as a demographic are marginalized out of the political system.”
Still, he believes this uprising against gun laws can sustain as a voice for change in a way others before it—the Sandy Hook, Pulse nightclub, and Las Vegas shootings—could not.
Survivors of the Las Vegas shooting came from elsewhere to attend a concert and then returned home, with little to connect them to each other except the tragedy they survived.
Sandy Hook Elementary School survivors are very young children who can’t advocate for themselves, and the Pulse nightclub victims were mostly LGBTQ people of color gunned down in a place where they were their most vulnerable. “Especially in the South, there are X number of reasons why they couldn’t become the spokespeople that these students have become.”
“Ever since this shooting, these kids at Parkland have spent every single minute together,” Brennen said. “The kind of capacity that allows to build should not be underestimated.”

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FOCUS | How the Pentagon Devours the Budget: Normalizing Budgetary Bloat |
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Wednesday, 28 February 2018 13:01 |
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Hartung writes: "Most Americans are probably aware that the Pentagon spends a lot of money, but it's unlikely they grasp just how huge those sums really are."
F/A-18 Hornets fly above the aircraft carrier USS John C. Stennis in the Pacific Ocean. (photo: Lt. Steve Smith/US Navy)

How the Pentagon Devours the Budget: Normalizing Budgetary Bloat
By William D. Hartung, TomDispatch
28 February 18
What company gets the most money from the U.S. government? The answer: the weapons maker Lockheed Martin. As the Washington Post recently reported, of its $51 billion in sales in 2017, Lockheed took in $35.2 billion from the government, or close to what the Trump administration is proposing for the 2019 State Department budget. And which company is in second place when it comes to raking in the taxpayer dollars? The answer: Boeing with a mere $26.5 billion. And mind you, that’s before the good times even truly begin to roll, as TomDispatch regular and weapons industry expert William Hartung makes clear today in a deep dive into the (ir)realities of the Pentagon budget. When it comes to the Department of Defense, though, perhaps we should retire the term “budget” altogether, given its connotation of restraint. Can't we find another word entirely? Like the Pentagon cornucopia?
Sometimes, it’s hard to believe that perfectly sober reportage about Pentagon funding issues isn’t satire in the style of the New Yorker’s Andy Borowitz. Take, for instance, a recent report in the Washington Examiner that Army Secretary Mark Esper and other Pentagon officials are now urging Congress to release them from a September 30th deadline for fully dispersing their operation and maintenance funds (about 40% of the department’s budget). In translation, they’re telling Congress that they have more money than even they can spend in the time allotted.
It’s hard to be forced to spend vast sums in a rush when, for instance, you’re launching a nuclear arms “race” of one by “modernizing” what’s already the most advanced arsenal on the planet over the next 30 years for a mere trillion-plus dollars (a sum that, given the history of Pentagon budgeting, is sure to rise precipitously). In that context, let Hartung usher you into the wondrous world of what, in the age of The Donald, might be thought of (with alliteration in mind) as the Plutocratic Pentagon. Tom
-Tom Engelhardt, TomDispatch
How the Pentagon Devours the Budget Normalizing Budgetary Bloat
magine for a moment a scheme in which American taxpayers were taken to the cleaners to the tune of hundreds of billions of dollars and there was barely a hint of criticism or outrage. Imagine as well that the White House and a majority of the politicians in Washington, no matter the party, acquiesced in the arrangement. In fact, the annual quest to boost Pentagon spending into the stratosphere regularly follows that very scenario, assisted by predictions of imminent doom from industry-funded hawks with a vested interest in increased military outlays.
Most Americans are probably aware that the Pentagon spends a lot of money, but it’s unlikely they grasp just how huge those sums really are. All too often, astonishingly lavish military budgets are treated as if they were part of the natural order, like death or taxes.
The figures contained in the recent budget deal that kept Congress open, as well as in President Trump’s budget proposal for 2019, are a case in point: $700 billion for the Pentagon and related programs in 2018 and $716 billion the following year. Remarkably, such numbers far exceeded even the Pentagon's own expansive expectations. According to Donald Trump, admittedly not the most reliable source in all cases, Secretary of Defense Jim Mattis reportedly said, “Wow, I can’t believe we got everything we wanted” -- a rare admission from the head of an organization whose only response to virtually any budget proposal is to ask for more.
The public reaction to such staggering Pentagon budget hikes was muted, to put it mildly. Unlike last year’s tax giveaway to the rich, throwing near-record amounts of tax dollars at the Department of Defense generated no visible public outrage. Yet those tax cuts and Pentagon increases are closely related. The Trump administration’s pairing of the two mimics the failed approach of President Ronald Reagan in the 1980s -- only more so. It’s a phenomenon I’ve termed “Reaganomics on steroids.” Reagan’s approach yielded oceans of red ink and a severe weakening of the social safety net. It also provoked such a strong pushback that he later backtracked by raising taxes and set the stage for sharp reductions in nuclear weapons.
Donald Trump’s retrograde policies on immigration, women’s rights, racial justice, LGBT rights, and economic inequality have spawned an impressive and growing resistance. It remains to be seen whether his generous treatment of the Pentagon at the expense of basic human needs will spur a similar backlash.
Of course, it’s hard to even get a bead on what’s being lavished on the Pentagon when much of the media coverage failed to drive home just how enormous these sums actually are. A rare exception was an Associated Press story headlined “Congress, Trump Give the Pentagon a Budget the Likes of Which It Has Never Seen.” This was certainly far closer to the truth than claims like that of Mackenzie Eaglen of the conservative American Enterprise Institute, which over the years has housed such uber-hawks as Dick Cheney and John Bolton. She described the new budget as a “modest year-on-year increase.” If that’s the case, one shudders to think what an immodest increase might look like.
The Pentagon Wins Big
So let’s look at the money.
Though the Pentagon’s budget was already through the roof, it will get an extra $165 billion over the next two years, thanks to the congressional budget deal reached earlier this month. To put that figure in context, it was tens of billions of dollars more than Donald Trump had asked for last spring to “rebuild” the U.S. military (as he put it). It even exceeded the figures, already higher than Trump’s, Congress had agreed to last December. It brings total spending on the Pentagon and related programs for nuclear weapons to levels higher than those reached during the Korean and Vietnam wars in the 1950s and 1960s, or even at the height of Ronald Reagan’s vaunted military buildup of the 1980s. Only in two years of Barack Obama’s presidency, when there were roughly 150,000 U.S. troops in Iraq and Afghanistan, or about seven times current levels of personnel deployed there, was spending higher.
Ben Freeman of the Center for International Policy put the new Pentagon budget numbers in perspective when he pointed out that just the approximately $80 billion annual increase in the department’s top line between 2017 and 2019 will be double the current budget of the State Department; higher than the gross domestic products of more than 100 countries; and larger than the entire military budget of any country in the world, except China’s.
Democrats signed on to that congressional budget as part of a deal to blunt some of the most egregious Trump administration cuts proposed last spring. The administration, for example, kept the State Department’s budget from being radically slashed and it reauthorized the imperiled Children’s Health Insurance Program (CHIP) for another 10 years. In the process, however, the Democrats also threw millions of young immigrants under the bus by dropping an insistence that any new budget protect the Deferred Action for Childhood Arrivals, or “Dreamers,” program. Meanwhile, the majority of Republican fiscal conservatives were thrilled to sign off on a Pentagon increase that, combined with the Trump tax cut for the rich, funds ballooning deficits as far as the eye can see -- a total of $7.7 trillion worth of them over the next decade.
While domestic spending fared better in the recent congressional budget deal than it would have if Trump’s draconian plan for 2018 had been enacted, it still lags far behind what Congress is investing in the Pentagon. And calculations by the National Priorities Project indicate that the Department of Defense is slated to be an even bigger winner in Trump’s 2019 budget blueprint. Its share of the discretionary budget, which includes virtually everything the government does other than programs like Medicare and Social Security, will mushroom to a once-unimaginable 61 cents on the dollar, a hefty boost from the already startling 54 cents on the dollar in the final year of the Obama administration.
The skewed priorities in Trump’s latest budget proposal are fueled in part by the administration’s decision to embrace the Pentagon increases Congress agreed to last month, while tossing that body’s latest decisions on non-military spending out the window. Although Congress is likely to rein in the administration’s most extreme proposals, the figures are stark indeed -- a proposed cut of $120 billion in the domestic spending levels both parties agreed to. The biggest reductions include a 41% cut in funding for diplomacy and foreign aid; a 36% cut in funding for energy and the environment; and a 35% cut in housing and community development. And that’s just the beginning. The Trump administration is also preparing to launch full-scale assaults on food stamps, Medicaid, and Medicare. It’s war on everything except the U.S. military.
Corporate Welfare
The recent budget plans have brought joy to the hearts of one group of needy Americans: the top executives of major weapons contractors like Lockheed Martin, Boeing, Northrop Grumman, Raytheon, and General Dynamics. They expect a bonanza from the skyrocketing Pentagon expenditures. Don’t be surprised if the CEOs of these five firms give themselves nice salary boosts, something to truly justify their work, rather than the paltry $96 million they drew as a group in 2016 (the most recent year for which full statistics are available).
And keep in mind that, like all other U.S.-based corporations, those military-industrial behemoths will benefit richly from the Trump administration’s slashing of the corporate tax rate. According to one respected industry analyst, a good portion of this windfall will go towards bonuses and increased dividends for company shareholders rather than investments in new and better ways to defend the United States. In short, in the Trump era, Lockheed Martin and its cohorts are guaranteed to make money coming and going.
Items that snagged billions in new funding in Trump’s proposed 2019 budget included Lockheed Martin’s overpriced, underperforming F-35 aircraft, at $10.6 billion; Boeing’s F-18 “Super Hornet,” which was in the process of being phased out by the Obama administration but is now written in for $2.4 billion; Northrop Grumman’s B-21 nuclear bomber at $2.3 billion; General Dynamics’ Ohio-class ballistic missile submarine at $3.9 billion; and $12 billion for an array of missile-defense programs that will redound to the benefit of... you guessed it: Lockheed Martin, Raytheon, and Boeing, among other companies. These are just a few of the dozens of weapons programs that will be feeding the bottom lines of such companies in the next two years and beyond. For programs still in their early stages, like that new bomber and the new ballistic missile submarine, their banner budgetary years are yet to come.
In explaining the flood of funding that enables a company like Lockheed Martin to reap $35 billion per year in government dollars, defense analyst Richard Aboulafia of the Teal Group noted that “diplomacy is out; air strikes are in... In this sort of environment, it’s tough to keep a lid on costs. If demand goes up, prices don’t generally come down. And, of course, it’s virtually impossible to kill stuff. You don’t have to make any kind of tough choices when there’s such a rising tide.”
Pentagon Pork Versus Human Security
Loren Thompson is a consultant to many of those weapons contractors. His think tank, the Lexington Institute, also gets contributions from the arms industry. He caught the spirit of the moment when he praised the administration’s puffed-up Pentagon proposal for using the Defense Department budget as a jobs creator in key states, including the crucial swing state of Ohio, which helped propel Donald Trump to victory in 2016. Thompson was particularly pleased with a plan to ramp up General Dynamics’s production of M-1 tanks in Lima, Ohio, in a factory whose production line the Army had tried to put on hold just a few years ago because it was already drowning in tanks and had no conceivable use for more of them.
Thompson argues that the new tanks are needed to keep up with Russia’s production of armored vehicles, a dubious assertion with a decidedly Cold War flavor to it. His claim is backed up, of course, by the administration’s new National Security Strategy, which targets Russia and China as the most formidable threats to the United States. Never mind that the likely challenges posed by these two powers -- cyberattacks in the Russian case and economic expansion in the Chinese one -- have nothing to do with how many tanks the U.S. Army possesses.
Trump wants to create jobs, jobs, jobs he can point to, and pumping up the military-industrial complex must seem like the path of least resistance to that end in present-day Washington. Under the circumstances, what does it matter that virtually any other form of spending would create more jobs and not saddle Americans with weaponry we don’t need?
If past performance offers any indication, none of the new money slated to pour into the Pentagon will make anyone safer. As Todd Harrison of the Center for Strategic and International Studies has noted, there is a danger that the Pentagon will just get “fatter not stronger” as its worst spending habits are reinforced by a new gusher of dollars that relieves its planners of making any reasonably hard choices at all.
The list of wasteful expenditures is already staggeringly long and early projections are that bureaucratic waste at the Pentagon will amount to $125 billion over the next five years. Among other things, the Defense Department already employs a shadow work force of more than 600,000 private contractors whose responsibilities overlap significantly with work already being done by government employees. Meanwhile, sloppy buying practices regularly result in stories like the recent ones on the Pentagon’s Defense Logistics Agency losing track of how it spent $800 million and how two American commands were unable to account for $500 million meant for the war on drugs in the Greater Middle East and Africa.
Add to this the $1.5 trillion slated to be spent on F-35s that the nonpartisan Project on Government Oversight has noted may never be ready for combat and the unnecessary “modernization” of the U.S. nuclear arsenal, including a new generation of nuclear-armed bombers, submarines, and missiles at a minimum cost of $1.2 trillion over the next three decades. In other words, a large part of the Pentagon’s new funding will do much to fuel good times in the military-industrial complex but little to help the troops or defend the country.
Most important of all, this flood of new funding, which could crush a generation of Americans under a mountain of debt, will make it easier to sustain the seemingly endless seven wars that the United States is fighting in Afghanistan, Pakistan, Syria, Iraq, Libya, Somalia, and Yemen. So call this one of the worst investments in history, ensuring as it does failed wars to the horizon.
It would be a welcome change in twenty-first-century America if the reckless decision to throw yet more unbelievable sums of money at a Pentagon already vastly overfunded sparked a serious discussion about America’s hyper-militarized foreign policy. A national debate about such matters in the run-up to the 2018 and 2020 elections could determine whether it continues to be business-as-usual at the Pentagon or whether the largest agency in the federal government is finally reined in and relegated to an appropriately defensive posture.
William D. Hartung, a TomDispatch regular, is the director of the Arms and Security Project at the Center for International Policy and the author of Prophets of War: Lockheed Martin and the Making of the Military-Industrial Complex.
Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Book, Alfred McCoy's In the Shadows of the American Century: The Rise and Decline of U.S. Global Power, as well as John Dower's The Violent American Century: War and Terror Since World War II, John Feffer's dystopian novel Splinterlands, Nick Turse's Next Time They’ll Come to Count the Dead, and Tom Engelhardt's Shadow Government: Surveillance, Secret Wars, and a Global Security State in a Single-Superpower World.

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FOCUS: Why I'm Writing Captain America |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=27654"><span class="small">Ta-Nehisi Coates, The Atlantic</span></a>
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Wednesday, 28 February 2018 11:33 |
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Coates writes: "For two years I've lived in the world of Wakanda, writing the title Black Panther. I'll continue working in that world. This summer, I'm entering a new one - the world of Captain America."
Ta-Nehisi Coates. (photo: Gabriella Demczuk/NYT)

Why I'm Writing Captain America
By Ta-Nehisi Coates, The Atlantic
28 February 18
And why it scares the hell out of me
wo years ago I began taking up the childhood dream of writing comics. To say it is more difficult than it looks is to commit oneself to criminal understatement. Writers don’t write comics so much as they draw them with words. Everything has to be shown, a fact I knew going into the work, but could not truly know until I had actually done it. For two years I’ve lived in the world of Wakanda, writing the title Black Panther. I’ll continue working in that world. This summer, I’m entering a new one—the world of Captain America.
There’s a lot to unpack here. Those of you who’ve never read a Captain America comic book or seen him in the Marvel movies would be forgiven for thinking of Captain America as an unblinking mascot for American nationalism. In fact, the best thing about the story of Captain America is the implicit irony. Captain America begins as Steve Rogers—a man with the heart of a god and the body of a wimp. The heart and body are brought into alignment through the Super Soldier Serum, which transforms Rogers into a peak human physical specimen. Dubbed Captain America, Rogers becomes the personification of his country’s egalitarian ideals—an anatomical Horatio Alger who through sheer grit and the wonders of science rises to become a national hero.
Rogers’s transformation into Captain America is underwritten by the military. But, perhaps haunted by his own roots in powerlessness, he is a dissident just as likely to be feuding with his superiors in civilian and military governance as he is to be fighting with the supervillain Red Skull. Conspirators against him rank all the way up to the White House, causing Rogers to, at one point, reject the very title of Captain America. At the end of World War II, Captain America is frozen in ice and awakens in our time—and this, too, distances him from his country and its ideals. He is “a man out of time,” a walking emblem of greatest-generation propaganda brought to life in this splintered postmodern time. Thus, Captain America is not so much tied to America as it is, but to an America of the imagined past. In one famous scene, flattered by a treacherous general for his “loyalty,” Rogers—grasping the American flag—retorts, “I’m loyal to nothing, general … except the dream.”
I confess to having a conflicted history with this kind of proclamation—which is precisely why I am so excited to take on Captain America. I have my share of strong opinions about the world. But one reason why I chose the practice of opinion journalism—which is to say a mix of reporting and opinion—is because understanding how those opinions fit in with the perspectives of others has always been more interesting to me than repeatedly restating my own. Writing is about questions for me—not answers. And Captain America, the embodiment of a kind of Lincolnesque optimism, poses a direct question for me: Why would anyone believe in The Dream? What is exciting here is not some didactic act of putting my words in Captain America’s head, but attempting to put Captain America’s words in my head. What is exciting is the possibility of exploration, of avoiding the repetition of a voice I’ve tired of.
And then there is the basic challenge of drawing with words—the fear that accompanies every effort. And the fear is part of the attraction because, if I am honest, the “opinion” part of opinion-journalism is no longer as scary it once was. Reporting—another word for discovery—will always be scary. Opining, less so. And nothing should really scare a writer more than the moment when they are no longer scared. I think it’s then that one might begin to lapse into self-caricature, endlessly repeating the same insights and the same opinions over and over. I’m not convinced I can tell a great Captain America story—which is precisely why I want so bad to try.
In this endeavor, I’ll be joined—hopefully for all my time doing it—by the incredible Leinil Yu on interior panels and Alex Ross on covers. Both Leinil and Alex are legends. Even if you don’t consider yourself a comics-head, you should check out their work to see what the best of the form has to offer. I’m lucky to have them—and have been luckier still to have a community of comic creators (Matt Fraction, Kieron Gillen, Jamie McKelvie, Ed Brubaker, Kelly Sue DeConnick, Chip Zdarsky, and Warren Ellis, among others) who’ve embraced me and helped me learn the form. And I’ve been lucky in my editors—Sana Amanat, who brought me on; Wil Moss, who edits Black Panther; Tom Brevoort, who’s editing Captain America; C.B. Cebulski, who just helped me refashion the script to the first issue; and Axel Alonso, who first broached the idea of me writing Cap.
Finally, but most importantly, I have to thank the black comic creators I admired as a youth, often without even knowing they were black—Christopher Priest, Denys Cowan, Dwayne McDuffie, specifically—without whom none of this would be possible. There has long been a complaint among black comic creators that they are restricted to black characters. I don’t know what it means to live in a world where people restrict what you write, and the reason I don’t know is largely because of the sacrifices of all those who were forced to know before me. I have not forgotten this.
Captain America #1 drops on the Fourth of July. Excelsior, family.

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Lessons for Donald Trump in the Supreme Court's DACA Order |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=46032"><span class="small">Amy Davidson Sorkin, The New Yorker</span></a>
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Wednesday, 28 February 2018 09:31 |
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Sorkin writes: "On Monday, the Supreme Court declined to hear the Trump Administration's appeal of a California district court judge's order that put a hold on the abrupt end of most of the Deferred Action for Childhood Arrivals, or daca, program - at least for now."
The Administration's argument to the Court sounds like a Trumpian whine: the courts are so slow and it's too much work. But that is precisely the point. (photo: Lucy Nicholson/Reuters)

Lessons for Donald Trump in the Supreme Court's DACA Order
By Amy Davidson Sorkin, The New Yorker
28 February 18
n Monday, the Supreme Court declined to hear the Trump Administration’s appeal of a California district court judge’s order that put a hold on the abrupt end of most of the Deferred Action for Childhood Arrivals, or DACA, program—at least for now. This is a small relief for Dreamers who would have lost their DACA status on Monday, March 5th, a deadline set by the Trump Administration, but it is a tentative one. For one thing, it only applies to people who currently have or have had DACA status, not those who are eligible but haven’t been granted it yet. The order only sends the case back to the lower courts, and, since it was unsigned, it offers no indication of how the Justices might rule when this or another Dreamer case comes back to them, as will almost certainly happen before long. (The order says that it assumes that the lower courts will “proceed expeditiously.”) The decision settles nothing, other than a couple of truths about each branch of government. None of them will be entirely reassuring to Dreamers or to their supporters, but they should be instructional to President Trump.
To begin with, even judges who aren’t particularly liberal might have balked at the Trump Administration’s sense of what counts as an emergency and of what is “unreviewable” by the courts. This was, after all, an appeal of a district-court decision straight to the Supreme Court, skipping the normal step of going to the appeals-court level before the Supreme Court grants certiorari, as its review is called. The Court has taken cases on that jump-ahead-basis, but only rarely—such as when a strike threatened to shut down much of the country’s steel production, in the 1952 Youngstown Sheet & Tube case (a different era, in terms of the power of both the steel industry and labor unions), and in 1974, when President Richard Nixon refused to hand over certain White House tapes. The standard is that there is “such imperative public importance as to justify deviation from normal appellate practice.”
The Trump Administration, in its brief asking for certiorari, argued that this is such a case, which is, to say the least, an odd claim, since the White House was trying to change a peaceable status quo, not confront a sudden threat. Its argument was simply to repeat that “time is of the essence” and that engaging in discovery and building a record would be a “burden.” Indeed, the entire motion for cert sounds like a Trumpian whine: The courts are so slow and it’s too much work. But that is precisely the point of the courts, when, as a democracy, you might want to put some checks on executive powers. This does not mean that the Administration can’t get what it wants on DACA, if it is willing to do the legal work necessary—and if Trump, who has espoused any number of positions, ever figures out exactly what he does want. It just means that the President’s angry tweets might constitute an emergency for the White House staff and the anchors at Fox News, but not necessarily for the Justices.
A similar dynamic was at work at the district court in California, where the case, brought by the University of California, the state of California itself, three other states, and several individual Dreamers, was heard before Judge William Alsup, in January. (There was a similar ruling in Brooklyn.) The Administration’s lawyers tried to argue that its actions, in this regard, are simply unreviewable: the court has no role in saying whether what it does is constitutional or not, when it comes to such questions. The judges in California did not buy this. Nor did numerous judges in cases across the country ruling on the Trump Administration’s travel-ban executive orders (which are also still working their way through the courts), who also rejected the idea of unreviewability. But Donald Trump persists in the idea that the problem is the courts. “Nothing is as bad as the Ninth Circuit,” he said on Monday, referring to the next stop for the California case.
And this leads to another window that the case opens onto the executive branch. The Trump Administration has not shown much adeptness in dealing with its courthouse mistakes. (This raises the question of what kind of legal advice it is getting in other areas, too, such as, perhaps, the President’s personal situation with regard to the special counsel.) One prime reason for this is that the Administration is captive to its own resentments. When Attorney General Jeff Sessions announced the end of DACA, in September, he did so on the grounds that President Barack Obama’s Administration never had the right to implement it in the first place. In a letter dated September 4th, Sessions called it an “unconstitutional exercise of authority by the Executive Branch.” There was no real statement of why, on policy grounds, DACA might be bad; instead, it spoke to a strain of disparagement of Obama, and of his very legitimacy, that has had a strange grip on the right. It still seems to stand in the way of clear thinking among many in Trump’s circle, even about what their best legal argument for ending DACA might be. As Judge Alsup put it, “The main, if not exclusive, rationale for ending DACA was its supposed illegality. But determining illegality is a quintessential role of the courts.”
Alsup also found that Sessions had made an “error of law”—because deferred-action executive programs, like DACA, have existed since the Eisenhower Administration. Courts have upheld them, and Congress has acknowledged them in related legislation. If the Administration’s rationale is that Obama was a lawbreaker, in other words, that rationale is wrong, and the order ending DACA was “capricious.”
And if that isn’t the rationale, what is? Alsup quoted Trump’s tweets proclaiming his interest in doing something for the Dreamers. If the President was sincere, then he shouldn’t be held back from keeping DACA going. If he wasn’t, then his hypocrisy was compounding his Administration’s contempt for Obama, in a way that didn’t play well in court.
Here, there is an echo of the 1952 Youngstown case. Justice Felix Frankfurter argued against granting cert in that case, partly on the grounds that "the government’s argument in the district court was terrible”—so bad, in fact, that it might lead to a broadly bad precedent if the Court ruled in its favor—but its case would be better if presented in the Court of Appeals. (Notes of the discussion appear in “The Supreme Court in Conference, 1940-1985,” edited by Del Dickson.) Frankfurter also said, “My guiding consideration is: what will settle this business?”
That is the question Dreamers ask, as they try to keep their jobs and studies going amid great uncertainty, and it leads to the third branch of government: Congress. The Supreme Court’s action means that Congress has more time to reach some sort of compromise. The majority of Americans say that they want to protect the Dreamers. But vague sympathy won’t get the Dreamers much. And the extension of the March 5th deadline also plays to elected officials’ tendencies toward distraction and dysfunction. Will the next level of rulings come before or after the midterms, in November, and who will have control of the House and Senate then? How much pressure can voters exert in those months? (Are the Dreamers just a bargaining chip for ending family reunification, or for the wall?) The last, sad truth is that Congress’s work doesn’t just fill the time allotted to it; it sometimes simply gives up, even as the lives of young Americans fall apart.

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