Post New Article

The unhappiest concurrence

Original Article

Posted By: Hazymac, 5/21/2025 8:51:57 AM

Judge James Ho is a member of the United States Court of Appeals for the Fifth Circuit. He has filed an unhappy concurrence in AARP v. Trump. The Fifth Circuit panel is jumping through hoops detailed by the Supreme Court in a per curiam (no author specified) order on application for injunction here, with Justices Alito and Thomas dissenting. The per curiam opinion reads to me like the work of Chief Justice Roberts. AARP appears to be a pseudonym for a member of Tren de Aragua. The real AARP has posted a statement clarifying that it is not a party to the litigation. AARP wants it known that it is

Post Reply

Reminder: “WE ARE A SALON AND NOT A SALOON”

Your thoughts, comments, and ideas are always welcome here. But we ask you to please be mindful and respectful. Threatening or crude language doesn't persuade anybody and makes the conversation less enjoyable for fellow L.Dotters.


Reply 1 - Posted by: pensom2 5/21/2025 10:32:01 AM (No. 1953556)
Well said, Judge Ho. Someone needs to remind even the Supreme Court to "stay in their lane." Chief Justice Roberts is again acting as if someone has dirt on him and that someone is pushing him to strain to sway his decisions to the Left--ruling against the Trump administration. Justice Barrett may well be caught in the same trap, particularly after her large family was threatened by protests outside her home during the Biden administration and gutless Merrick Garland refused to order the Capitol Police or U.S. Marshalls to arrest the protestors for their clearly illegal actions. The Left worships at the throne of "the right to protest," but there are explicit laws forbidding protests at the homes of Supreme Court justices. But of course, Merrick Garland, who says everyone is bound by the "rule of law," was ever slow to enforce any law against the woke Left.
8 people like this.

Reply 2 - Posted by: J. Arthur Brown 5/21/2025 10:46:29 AM (No. 1953578)
court Please read U.S. Circuit Judge James Ho's short, not sweet, opinion (embedded in this post.) This case arose because the ACLU objected (in at 12:34 A.M.) to giving the Justice Department 24 hours to respond to its motion for emergency relief. Judge Ho observes that in siding with the ACLU, the Supreme Court seems "to have forgotten that this is a District Court and not a Denny's.") "If this is to become the norm, then we should admit that this is special treatment being afforded to certain favored litigants like Tren de Aragua -- and that we should stop pretending that Lady Justice is blindfolded." Judge Ho also contrasted the peevish response of Chief Justice Roberts and concurring Justices to their silence when Barack Obama asserted that it would be illegitimate for the Court to rule Obamacare unconstitutional, and /when Joe
6 people like this.

Reply 3 - Posted by: J. Arthur Brown 5/21/2025 10:56:22 AM (No. 1953593)
Apologies, this is the remainder of my reply which I was editing to make clear that President Trump was the object of the Court's "peevishness:" . . . Biden bragged about defying the Court's ruling on student loans. Clearly Judge Ho is an emerging judicial superstar and deserves to be at the top of President Trump's list of candidates for the net supreme court vacancy.
4 people like this.

Reply 4 - Posted by: bpl40 5/21/2025 11:38:52 AM (No. 1953623)
All executive power is vested in the President. It says so clearly and unambiguously in Article II. There is no dispute that if the President is acting within the discretionary powers given by Article II these acts are outside the reach of the judicial branch. The question arises whether or not a particular action or decision is within such discretionary powers. The SCOTUS's position (at least CJ Roberts) seems to be that the SCOTUS decides every single time. If this is true then we do not have co-equal branches. The judiciary rules, notwithstanding the will of the People. I am not a constitutional lawyer but a reasonably well educated adult. It seems to me that the Founders did not intend the Constitution to work like that. If the Judiciary is on one side and the other two branches on the other then it is the People who should decide. There are two ways. One, removal of the President by 2/3 majority of the Senate. Two, at the ballot box , every four years. There is no other way.
4 people like this.

Reply 5 - Posted by: franco 5/21/2025 1:29:17 PM (No. 1953669)
I suspect the next Supreme Court opening will be from one of the three liberal loon ladies retiring or going the way of Ruth Bader Ginsburg if she doesn't retire. When that happens, President Trump should give ample consideration to Judge Ho to fill that seat.
2 people like this.

Below, you will find ...
Most Recent Articles posted by "Hazymac"
and
Most Active Articles (last 48 hours)
Most Recent Articles posted by Hazymac"
No Respect, No Money, We’ll See 2 replies
Posted by Hazymac 6/19/2025 7:47:00 AM Post Reply
On Monday, Transportation Secretary Sean Duffy threw down the gauntlet, sort of. He warned that “rogue state actors” who don’t cooperate with ICE and federal immigration officials may have to clean up the mess they created. "The USDOT will not fund rogue state actors who refuse to cooperate with federal immigration enforcement, and to cities that stand by while rioters destroy transportation infrastructure — don’t expect a red cent from DOT, either.” "Follow the law or forfeit the funding." I want to believe Duffy—I really do—but this is one of those cases where I’ll have to see the declaration carried through before I believe it. There are far too many cases
Hell in Oakland 10 replies
Posted by Hazymac 6/18/2025 3:33:26 PM Post Reply
You have to give them credit, the U.K. Daily Mail knows how to write a headline, Infamous Dem-run city descends into Mad Max hellscape as streets are filled with apocalyptic races and explosions. As you already guessed, the city is Oakland, California. The eighth largest city in Gavin Newsom’s California, and home to northern California’s largest port, the city has always taken a backseat to the more glamorous burg across the Bay. Few will recall that former governor Jerry Brown spent two terms as mayor during his comeback tour to regain his old job in Sacramento. Now look at it, Oakland was once again turned into a dystopian Mad Max-style hellscape as cars
Green Energy: Terrible For the Environment 12 replies
Posted by Hazymac 6/18/2025 7:02:22 AM Post Reply
Green energy is a disaster in several ways: it is inherently unreliable and ridiculously expensive. Some people naively assume, however, that wind and solar energy make up for these liabilities by being good for the environment. They couldn’t be more wrong. The basic problem with wind turbines and solar panels (plus hypothetical batteries) is that they are extremely low-intensity. Do they work? Intermittently, yes. But compared with conventional energy sources, they produce a very small amount of energy on a per-unit of input basis. Thus, they require both enormous amounts of land and vast quantities of raw materials. Thus, to supply America’s electricity with wind turbines would require
Too little wind, solar 6 replies
Posted by Hazymac 6/18/2025 7:00:24 AM Post Reply
Now the truth can be told about that massive electrical grid failure in the Iberian peninsula back in April. From SkyNews, The massive power cut that plunged huge swathes of Spain and Portugal into chaos earlier this year was caused by a miscalculation, the Spanish government has said. ,”Miscalculation.” SkyNews reports, There was discussion about whether a cyberattack was to blame, but today Spain’s energy minister said the issue was a miscalculation by the Spanish power grid operator REE. Sara Aagesen said REE did not have enough thermal power stations switched on during peak hours of April 28 when the surge caused a chain reaction leading to the power outage. In this context,
Masks for terrorists but not for law enforcement 5 replies
Posted by Hazymac 6/17/2025 2:21:11 PM Post Reply
Soy Boy California state Sen. Scott Wiener (D) wants law enforcement to stop wearing masks to cover their identity, but has no problem with violent domestic terrorists wearing masks at the same “protests.” How upside down is that? We are not talking about peaceful protests here. Those who are burning, looting, setting cars on fire, and breaking windows are domestic terrorists, not peaceful protestors. Peaceful protestors hold placards, set up stands with mics, or civilly disobey. But once they turn the corner to destroying private property, burning cars in the streets, throwing chunks of cement at passing cars, and doxxing law enforcement officials, they become criminals.
Who Killed Pride Month? 14 replies
Posted by Hazymac 6/17/2025 12:15:51 PM Post Reply
As you may have noticed, celebrations of “pride” have been much more subdued this Pride Month than they were in recent memory. The parades this year are less conspicuous and bombastic. Corporate websites are less obnoxious and explicit. And perhaps most notably, triumphant in-store displays have disappeared almost entirely or, at the very least, are much smaller and more restrained than in past years. According to some in the mainstream media, all of this moderation—or abandonment—of LGBT “pride” has the same root cause as all evils in contemporary America: Donald Trump. The president is so mean, so nasty, and so omnipotent that companies fear him and
Politically motivated assassinations:
Why is America going mad?
14 replies
Posted by Hazymac 6/16/2025 11:10:43 AM Post Reply
In the latest indication that America is going mad, two Minnesota lawmakers and their spouses were recently shot. Dressed as a police officer, the shooter knocked on the doors of the victims’ homes in the early morning hours, first shooting Senator John Hoffman (D-Minn) and his wife numerous times and wounding both. He then drove nine miles to shoot former House Speaker Melissa Hortman (D-Minn) and her husband, killing them. As police closed in on the Hortman home, encountering the suspect, they exchanged gunfire, forcing him to escape on foot and leave behind a car outfitted to appear as an undercover police vehicle. Disturbingly found inside it were
Green group with ties to Chinese Communist
Party part of network influencing U.S. policy
2 replies
Posted by Hazymac 6/16/2025 11:07:27 AM Post Reply
A national-security watchdog group is asking members of Congress to take a closer look at an energy transition advocacy nonprofit that has ties to the Chinese Communist Party (CCP). According to State Armor, the watchdog group, nonprofits are coordinating with U.S. climate groups to influence climate policy, advance the interests of the CCP and undermine U.S. national security. A new report by State Armor argues that the CCP is co-opting the American progressive climate change lobby to advance a transition away from fossil fuels. The alternative technologies being pushed by this lobby, according to the report, create significant economic and geopolitical advantages by undermining U.S. energy dominance and leaving it
DNC Shedding Public Employee Union Bosses 10 replies
Posted by Hazymac 6/16/2025 8:10:18 AM Post Reply
Sunday turned out to be the night of the long knives in the Democratic Party. Two top union leaders--from public employee unions, no less--have resigned from the Democratic National Committee. Randi Weingarten, colloquially known as "The Devil" in some circles, and the less well-known but nearly as important Lee Saunders of AFSCME have left the Democratic National Committee. (X) Both are leaving due to disputes with the relatively new Chair of the Democratic National Committee, Ken Martin, who until recently was the Chairman of the Minnesota Democratic-Farmer-Labor Party, Minnesota's unusually named Democratic Party affiliate. (X) This is very significant news, and it has been kept under
Peering Through the Fog of War 11 replies
Posted by Hazymac 6/15/2025 6:11:03 AM Post Reply
In wartime it’s particularly difficult to ascertain what’s happening. Governments have a natural and healthy instinct to hide from public eyes what is going on, even those fully democratic ones which in peace have some constraints on official censorship. Nevertheless, the fact that so many people around the world have video-capable mobile phones and access to the internet makes it harder to hide what is happening. All week long I’ve been looking at these videos, reading official IDF reports and statements by leaders of involved countries and they show that Stacey McCain and Lee Smith, whose takes I link to below, are in full
Cold Salami 7 replies
Posted by Hazymac 6/14/2025 11:04:06 AM Post Reply
Hossein Salami, head of the world’s leading terrorist organization, is at room temperature. Donald Trump took out Qasem Soleimani, the previous leader of Iran’s terrorist Revolutionary Guards Corps, in 2020. On Friday the 13th of June 2025, Israel erased Soleimani’s successor Salami, along with military generals, political leaders, and nuclear scientists. The latter join at least seven other scientists Israel hit in the previous decade. Iranian nuclear physicists exhibit short half-lives. The day after Trump announced the successful conclusion of trade talks with China, Israel launched against Iran. Was this coincidence?
Here’s How The Media Are Lying Right
Now: Alex Padilla Just ‘Asking A Question’ Edition
13 replies
Posted by Hazymac 6/14/2025 8:51:59 AM Post Reply
Whatever your feelings are on an obnoxious Democrat leader being restrained by federal security — yeah, I don’t really care, either — the one thing I don’t appreciate is being told that what I saw with my eyes isn’t what happened. But if there’s anything the dying news media excel at these days, it’s precisely that. Video of Alex Padilla has been on replay everywhere since Thursday after the California Democrat abruptly pushed his way to the front of a press briefing led by Homeland Security Secretary Kristi Noem. Noem was in Los Angeles overseeing federal law enforcement of illegal alien apprehensions and conducting the briefing to explain her department’s
Most Active Articles (last 48 hours)
Three years left to limit warming to 1.5C,
leading scientists warn
37 replies
Posted by snakeoil 6/19/2025 12:45:51 AM Post Reply
The Earth could be doomed to breach the symbolic 1.5C warming limit in as little as three years at current levels of carbon dioxide emissions. That's the stark warning from more than 60 of the world's leading climate scientists in the most up-to-date assessment of the state of global warming. Nearly 200 countries agreed to try to limit global temperature rises to 1.5C above levels of the late 1800s in a landmark agreement in 2015, with the aim of avoiding some of the worst impacts of climate change.
What If The Foundation Of The Climate
Scare Was A Calculated Lie?
30 replies
Posted by RockyTCB 6/18/2025 9:28:08 AM Post Reply
Carbon dioxide, we’ve been told over and again, is the enemy that must be subdued if we are to avoid catastrophic global warming. It is, however, a faulty premise. Physics, not politics, tells us that man’s CO2 emissions will not cause catastrophic climate change nor an increase in extreme weather. “The common belief that CO2 is the main driver of climate change and the EPA Endangerment Finding assertion that ‘elevated concentrations of greenhouse gases in the atmosphere may reasonably be anticipated’ to endanger the public health and welfare are scientifically false,” conclude the authors of a new paper.
Carville: Democratic Party the ‘Most
Effective’ Political Party in the World
26 replies
Posted by Dreadnought 6/19/2025 12:25:04 AM Post Reply
Democratic strategist James Carville said Wednesday on Fox News Channel’s “The Will Cain Show” that the “Democratic Party has been the most effective political party in the history of the world.” Host Will Cain said, “I think you’ve got a deeper problem in the way that the left is talking about America.” Carville said, “If I take everything that they all said, it wouldn’t amount to what Mike Lee said, who’s actually a United States Senator who actually said something very harmful and very hurtful and is not apologize for it. So, I mean, we can go on. I mean, I’m not here to defend Whoopi Goldberg.
The PR Fallout of Ted Cruz Versus Tucker
Carlson: Yes, It’s Just as Bad as You Heard
24 replies
Posted by Dreadnought 6/19/2025 12:30:52 AM Post Reply
For political junkies who cut their teeth on “60 Minutes,” “Meet the Press,” CNN, and Fox News, longform podcasts were a godsend. Finally freed of commercial restraints and surface-level superficialities, longform podcasts took you beyond the talking points, treating audiences to a deep dive of a topic’s intricacies. Even when the podcast host had limited knowledge of the subject matter (Joe Rogan, I’m looking at you), the benefit of the longform platform was that it facilitated an open-ended, free-floating conversation where both sides learned more about the other. But there was an important catch: It only worked when both sides were acting in good faith.
White House condemns Jim Acosta after
he jokes about Trump's dead ex-wife
23 replies
Posted by 4250Luis 6/18/2025 5:28:29 AM Post Reply
Ex-CNN correspondent Jim Acosta joked in an interview posted Monday about President Donald Trump's deceased former wife's burial site and called her an example of an immigrant "doing the jobs that Americans don’t want to do."N Acosta, speaking on a "No Kings" Day episode of "The Contrarian" podcast with Jennifer Rubin, blasted Trump not only for the ICE raids, but argued he is a hypocrite on the immigration issue because of his immigrant wives, including his late first wife Ivana. "Where are the ICE raids at the Trump properties? Could somebody call ICE on the Trump golf course in Virginia?
Jerry Nadler Waddles Into an ICE Court
and Is Denied Entry, Threatens Legal Action:
‘Why Can’t We Go In?’
21 replies
Posted by ladydawgfan 6/18/2025 5:06:48 PM Post Reply
The parade of clowns on the left, performing like circus monkeys for their base, continued Wednesday, when Reps. Jerry Nadler and Dan Goldman, both Democrats from New York, were denied access to an ICE Court in lower Manhattan. The building, located at 26 Federal Plaza, is the same facility in which New York City Comptroller Brad Lander was arrested 24 hours earlier. The ambiguously stray duo, as is the game plan these days, reminded people of their legal right and duty to inspect ICE detention facilities. They take this duty very seriously these days, although we don't recall any similar inspection efforts between January 20, 2021, and January 20, 2025.
Iranians Chant for Shah’s Return As
Terrorist Regime Collapses
20 replies
Posted by ladydawgfan 6/18/2025 4:54:05 PM Post Reply
In Tehran, Iranians are reportedly chanting enthusiastically about the anticipated fall of the “Islamic Republic” regime and the potential return of the Crown Prince, heir to the ancient throne of Persia. While it is unclear exactly the extent of the damage Israel has inflicted on Iran and whether or not the current genocidal regime will fall because of it, Crown Prince Reza Pahlavi confirmed that Iranian soldiers and officials have reached out to him, and he urged the Iranian people to rise up, announcing he already has a plan for renewing Iran should he come to power again. Clips are circulating online of Iranians chanting a slogan that has been translated:
Supreme Court upholds Tennessee law restricting
gender-affirming care for transgender minors
20 replies
Posted by earlybird 6/18/2025 11:01:09 AM Post Reply
The Supreme Court on Wednesday upheld a Tennessee law that restricts access to gender-affirming care for minors experiencing gender dysphoria, clearing the way for the medical treatments for transgender youth to be limited in half of the country. The high court ruled 6-3 in rejecting the challenge from the Biden administration, three families and a physician who had argued that Tennessee's law violated the Constitution's guarantee of equal protection under the law. The court concluded that the state's measure, enacted in 2023, does not run afoul of the 14th Amendment.
15-ton mega bomb needed to destroy Iran’s
last nuclear facility – here’s why
Israel can’t deliver it
20 replies
Posted by FlyRight 6/18/2025 5:05:59 AM Post Reply
Israel needs a 15-ton ‘bunker buster’ bomb to destroy the last untouched nuclear facility in Iran, but only the US has one. Such a powerful weapon – the largest non-nuclear bomb in the US arsenal – is needed because the target, Fordow Fuel Enrichment Plant, is built some 300 feet inside a mountain near the city of Qom, two hours south of Tehran. The heavyweight explosive is known as a GBU-57A/B Massive Ordnance Penetrator and was designed by Boeing for the United States Air Force. Its huge weight means it can only be delivered with a B-2 Spirit stealth bomber – a jet Israel’s air force does not possess.
Whoopi’s America-Hating Rant Reaches
New Low on ‘The View’
19 replies
Posted by ladydawgfan 6/18/2025 4:47:01 PM Post Reply
Whoopi Goldberg’s habit of making asinine, morally bankrupt comparisons is nothing new, but her latest outburst on “The View” was grotesque even by her standards. In a truly surreal segment, Goldberg took it upon herself to equate the brutal, theocratic regime of Iran in 2025 — where women are beaten in the streets and gay people are literally thrown off rooftops — with life in the United States of America. Yes, really. Co-host Alyssa Farah Griffin made the obvious and indisputable point that Iran is a country where basic human rights don’t exist, particularly for women, minorities, and the LGBT community. “The Iranians literally throw gay people off of buildings,”
Tucker Carlson sarcastically floats nuking
Iran if they actually try killing Trump
in fiery clash with Ted Cruz over Israel conflict
17 replies
Posted by Ketchuplover 6/18/2025 9:14:17 PM Post Reply
Right-wing pundit Tucker Carlson suggested that the US should contemplate nuking Iran if allegations are true that the theocratic regime has been conspiring to assassinate President Trump, during a fiery two-hour debate with Sen. Ted Cruz. Carlson scoffed at Cruz (R-Texas) for confirming to him that Tehran has conspired to kill Trump and argued in disbelief that if those accusations are real, the US needs to respond with military force. “This just seems like a huge headline and you’re acting like everyone knows this. I didn’t know that,” responded Carlson after having needled the Texas
Iran’s supreme leader Khamenei warns
Israel ‘the battle begins’ hours after
Trump called for ‘unconditional surrender’
15 replies
Posted by 4250Luis 6/18/2025 5:30:46 AM Post Reply
Iranian Supreme Leader Ayatollah Ali Khamenei declared “the battle begins” in an ominous post Tuesday, hours after President Trump called for Iran’s “unconditional surrender.” “In the name of #Haider, the battle begins. Ali returns to #Khaybar with his Zulfiqar.” Khamenei wrote on X in Farsi, referring to Islam’s first imam, Ali, who won the Battle of Khaybar with the sword Zulfiqar. Khamenei’s sinister message comes hours after the Islamic Republic’s state media also warned of a “surprise” on Tuesday night into Wednesday that the “world will remember for centuries.” The Israeli Defense Force reported multiple air raid sirens in northern Israel early Wednesday morning due to a “hostile aircraft infiltration.”
Post New Article