Judge blocking Trump immigration order can read minds

That federal judge in Hawaii who issued a temporary restraining order blocking President Trump’s latest executive order on immigration from six Middle Eastern countries can read minds and knows Trump is a liar. He is not temporarily barring immigrants from those countries until proper vetting can take place because they might be terrorists. No, he is banning Muslims and that is religious discrimination and contrary the Establishment Clause in the First Amendment.

Judge Derrick Watson writes:

The Government appropriately cautions that, in determining purpose, courts should not look into the “veiled psyche” and “secret motives” of government decisionmakers and may not undertake a “judicial psychoanalysis of a drafter’s heart of hearts.” … The Government need not fear. The remarkable facts at issue here require no such impermissible inquiry. For instance, there is nothing “veiled” about this press release: “Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States.[]”… Nor is there anything “secret” about the Executive’s motive specific to the issuance of the Executive Order …” (TRO on travel ban)

The judge then quotes Rudolph Giuliani as saying on television that Trump called him and said he wanted a “Muslim” ban and wanted him to help find a way do it legally.

Never mind that Trump and Giuliani may have actually found a way to protect Americans from potential terrorists by avoiding any religious test, it is the ulterior motive that counts and trumps anything else.

Never mind that Giuliani later said he and others focused on “instead of religion, danger. The areas of the world that create danger for us, which is a factual basis, not a religious basis. Perfectly legal, perfectly sensible …” and “not based on religion. It’s based on places where there are substantial evidence that people are sending terrorists into our country.”

It was what was in Trump’s heart that counts. Remarks from the campaign trail also were quoted in the ruling.

Never mind that the Establishment Clause was meant to protect Americans from religious discrimination and not everyone in the world, especially where they have a propensity to behead those not of their own religion. Never the fact the immigration order does not affect the countries in which 90 percent of Muslims actually live.

Trump signs new executive order on immigration.

 

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Time for the states to fight back against ‘sue and settle’ environmentalists with their own litigation

Perhaps it is time for Western states to take a page from the tactics of environmentalists — namely, sue and settle.

Over and over, federal land agencies are eagerly caving in to radical environmental groups seeking to block just about any human endeavor that in anyway comes anywhere near any animal, bird, reptile, bug or minnow whose population is even marginally in decline.

A Mono Basin bi-state sage grouse

This past fall, the the U.S. Fish and Wildlife Service designated as threatened — under the terms of the Endangered Species Act — the bi-state greater sage grouse found along the northern California-Nevada border, supposedly a distinct population segment of about 5,000 remaining birds, even though the birds are legally hunted in both states.

That decision followed an October 2010 lawsuit filed by the Western Watersheds Project challenging grazing permits granted by the Bureau of Land Management.

Lesser prairie chicken

This past week the FWS designated as threatened the lesser prairie chicken, which are found in Texas, Oklahoma, Colorado and New Mexico and Kansas.

Wild Earth Guardians sued the FWS in 2010 demanding rapid action on the listing status of 251 species. FWS agreed to determine whether to list the lesser prairie chicken by March 31. That is now a done deed.

Under the settlement, FWS must decide whether to list the greater sage grouse, which are found in 11 Western states, by September 2015. What do you think the odds are?

Kansas and Oklahoma plan to sue the FWS over the listing of the lesser prairie chicken.

Greater sage gouse

Though the lesser prairie chicken population dropped about 50 percent from 2012 to 2013, Jim Pitman, small game coordinator for the Kansas Department of Wildlife, Parks and Tourism, says the drop was largely attributed to drought.

“The important thing is the grassland is still there,” Pitman said. Once the grasslands regenerate from wet weather, the bird population will also increase, he said.

Among the topics of litigation the states should pursue are: Are the species really endangered? How scientific are the surveys? Have the federal agencies followed the law in deciding the listing or have they rushed to judgment? Has human activity in any way contributed to population decline or is nature merely taking its course?

Many of the causes of Western species decline have nothing to due with farming, ranching, oil and gas exploration or recreation, but with incompetent land management by the federal agencies, which have ignored fuel management practices and allowed vast wildfires to ravage the ranges. Additionally, there a lack of predator control, one of the biggest problems for most of the species in question, but a factor ignored by the feds.

Would you trust these people to save a species?

Then there are the multimillion-dollar efforts by federal bureaucrats to save species that nature would have let expire long ago, such as the Devil’s Hole pupfish. These minnows have been so managed, so manipulated that they can no longer truly be said to exist “in the wild.” The federal government even built a $4.5 million aquarium for them that matches the Devil’s Hole environs. Why not just put a couple in a fish tank and let nature take its course with the rest?

The 40-year-old Endangered Species Act is less about saving species than it is about building a huge bureaucracy of overseers. Less than 2 percent of listed species have been delisted. Once on the list they are on the list forever.

Of course the feds are not really serious about restoring species to their natural habitat. They may reintroduce wolves to Yellowstone but they’d not think to reintroducing them to Central Park in New York City.

What about herds of bison roaming eastern Colorado?

Jurassic Park anyone?

There is no balance, no logic, no rationale to the way feds are handling this law. There needs to be cost-benefit-ratio analysis used to determine when the harm to farmers, ranchers, oil and gas exploration and recreation outweigh the fleeting and futile salvation of a few birds, reptiles, rodents, bugs, weeds and minnows.

In fact, there appears to be a violation of the First Amendment Establishment Clause. The established federal religion is now the worship of Gaia.

Gaia