The federal judiciary still works

Posted on June 20, 2025 by onthebeatontrack

You’ll recall that a federal judge in California ruled against Trump in the dispute over his use of the National Guard to protect federal buildings in Los Angeles from rioters who demand a permanent open border.

That judge happened to be the 83-year-old semi-retired little brother of 86-year-old liberal retired Supreme Court Justice Stephen Breyer.

Big Brother must have been so proud.

First, a word about federal judges that most people are not aware of. Federal judges can go on “Senior Status” as they get old. That means they get full pay and benefits including perks such as secretaries, beautiful offices, and young and attractive law school graduates to do their research and listen to their genuflections.

Oh, and a palatial courtroom for their exclusive use (though it sits empty 90% of the time), a fancy black robe, and a guy to shout “ALL RISE” when they walk in. (You’re supposed to remain standing until the judge mutters, “Be seated.” That’s one of many, many things they don’t teach in law school, but you quickly learn it on the job.)

These Senior Status judges are expected to do a bit of work. But only as much work as they feel like doing. They can work 35 hours a week, or 15. Unlike ordinary judges, they can turn down any case. The cases they turn down go back into the hopper to be assigned randomly to another judge.

It shouldn’t come as a surprise to you that most federal cases are very boring matters. Senior Status judges turn them down left and right.

Did I mention that they get full pay, benefits and perks fit for a king including a guy to shout “ALL RISE”?

It’s a good gig. So much so that in the federal district covering Colorado, for example, 9 of the 17 judges have elected “Senior Status.” In other words, over half of the federal District Court judges in Colorado are part-time but receiving full pay, benefits and perks.

There was a day when federal District Court judges didn’t exploit Senior Status. After all, they had to share the elevator and lunchroom with full-time colleagues who were tasked with the boring cases that the Seniors had turned down. And they were cognizant of the financial burden they and their entourage and appurtenances imposed on taxpayers.

That day seems to have passed.

Back to California. The Little Brother who ruled against Trump in the federal District Court there has been on “Senior Status” for the last 14 years. As a Senior Status judge, Little Brother could have turned down this case. He didn’t. He took it, heard it, and issued a decision against Trump.

Ah, but not all is lost. Even this case is not lost. The Trump administration appealed Little Brother’s order. Unfortunately, the appeals court covering Little Brother’s district court is the liberal Ninth Circuit. But fortunately, the liberal Ninth Circuit overturned Little Brother’s order. Trump won his appeal.

Appeals are heard by a three-judge panel of appellate judges selected at random from the sitting judges of that circuit. Trump was very lucky in that two of the three were Trump appointees. Before you conclude that the fix was in for Trump, be aware that the third was a Biden appointee and he, too, ruled in favor of Trump.

The decision was not a close call. The appellate judges noted that the President does not have wholly unfettered authority to call out the National Guard – there are statutes limiting that – but in general the President is entitled to some deference.

In this particular case, there was rioting in the streets. That’s enough.

The case now could be re-heard by the Ninth Circuit in an “en banc” hearing of 11 appellate judges randomly selected from the 29 active appellate judges in the Circuit.

Then, or even before then, the losing party can appeal to the Supreme Court where six of the nine Justices are Republican appointees. It’s likely that Trump will win there.

Apart from the merits or demerits of this particular case, here’s the point I want to make. The American federal judiciary still works.

It’s true that some of the judges don’t work as well, or as hard, as they could, or they should, but as a general rule they do indeed work in every sense of the word. Virtually all of them are very bright men and women with outstanding credentials, though some are too old for the job.

One more related point. The inflammatory allegation that federal court judges are “bought off” or otherwise corrupt is utterly unsubstantiated and, in my personal experience, unfounded. Despite the abuse of Senior Status, and despite the age-related limitations of some judges, never once in my career did I see the slightest evidence of corruption in any of them.

Justice Breyer’s Little Brother may be an ideologue, and that’s bad, but there’s no evidence that he’s corrupt. There’s a remedy when a judge is an ideologue. It’s called an appeal. It works.

Glenn Beaton practiced law in the federal courts, including the Supreme Court.

Will it be on the watch of tough-talking Trump that Iran finally goes nuclear?

Posted on June 5, 2025 by onthebeatontrack

President Trump enjoys campaigning. The first campaign was in 2016 when he criticized the ill-advised deal that Obama had struck with Iran the year before.

Under that deal, Iran promised not to develop nukes – but only for a few years. Moreover, the inspection requirements were toothless, and Iran began violating them immediately by continuing its nuke program.

Trump rightly called that deal “a disaster” and “the worst deal ever” (which is saying quite a lot when it comes to deals made by Obama). After he was elected in 2016, Trump cancelled the deal.

And Iran continued its nuke program.

Trump’s second campaign was in 2020 when he promised that “as long as I am President of the United States, Iran will never be allowed to have a nuclear weapon.” Trump lost the election.

And Iran continued its nuke program.

Trump’s third campaign was in 2024 when he declared that if elected, he would exert “massive, maximum pressure” on Iran to end its nuclear program. He won that election.

And Iran continues its nuke program.

Trump’s “massive, maximum pressure” has not included new sanctions on Iran, even while the United States Senate is considering bipartisan bills to impose those sanctions whether Trump likes it or not.

Trump’s fourth campaign is ongoing as you read this. He seems unconcerned that there’s no election going on; campaigning is what he does. Tweets, anyone?

When it comes to Iran, his campaigning substitutes for governing. Tough talk substitutes for tough action – or even moderate action.

Even the tough talk gets watered down. A couple of weeks ago, Trump announced that he was “very close” to a new deal with Iran, as if he could close the gap with wishes and charm.

On Wall Street, stock traders evaluating the tariffs have an acronym. It’s “TACO,” which stands for Trump Always Chickens Out. In the face of a stock market rout, the tariffs Trump announced in April have quietly been withdrawn or at least re-drawn.

Note that Wall Street doesn’t say “TACO” as a political attack. They’re in the business of making money, not the business of politics. They say “TACO” in the same way they say, “Buy low, sell high.” It’s a truism.

Wall Street’s smart money has probably judged Trump correctly; being correct is why they’re on Wall Street while you and I are just on Main Street.

And so, we should expect a similar chickening out by Trump with respect to the Iranians. The Iranians themselves certainly do.

There will be a deal, alright. Trump will compromise to the point that it will be much the same as the 2015 deal that Obama struck. There will be promises by the Iranians, again, but no real teeth in the deal to enforce those promises, again. And there will be a zillion-dollar payment to the Iranians, again, which they’ll use to fund worldwide terrorism, again.

In short, the Iranians will get their nukes, and we’ll give them money to fund terror – and Trump will campaign on his success in striking a fake deal for them not to get their nukes.

Just like Obama.

In the big picture, western leaders have resigned themselves to a nuclear Iran. The fake deals are merely to mollify the masses. The leaders know that Iran will break the deals and get its nukes, and are already planning to say, “I’m shocked! They broke the deal!”

I’m not surprised that the Europeans act out this dishonest dance. Nor am I surprised that the Obama/Hillary/Biden crowd join in. But I expected something different from Trump – because he promised something different.

Ah, but there’s a wild card in this charade. It’s the Israelis. If the Ukrainians can take out a third of the strategic bomber fleet of Russia, imagine what the Israelis can do to the nuke program of Iran.

When it comes to the Jews saving the world, you know, there’s a precedent.

Trump is not a fascist . . . but . . .

Posted on May 30, 2025 by onthebeatontrack

At the outset, let me state my bona fides. I voted for Trump three times. I publicly supported his candidacy back when the media deemed him and his supporters like me stupid racists.

That was back when “Trump is literally Hitler” was the meme of the moment amongst the kind of people who don’t know the meaning of Hitler and don’t know the meaning of “literally.” Which is to say, most of the current mainstream media.

For the record, Trump is not Hitler, not literally or metaphorically, nor is he a fascist.

Contrary to popular belief engendered by the lamestream media, the word “fascist” does not mean “Republican.” Nor does it mean “very conservative.” In fact, Republicans and other politically conservative people are nothing like fascists at all.

Fascism is notoriously difficult to define, perhaps because it is used as an epithet by the ignorant more than as a descriptor by the educated. But most would say it involves a tendency toward, or actual exercise of, strong autocratic or dictatorial control. It also frequently involves forcible suppression of opposition, belief in a natural social hierarchy, subordination of individual interests for the perceived interest of the nation or race, and strong regimentation of society and the economy.

OK, let’s look at President Trump.

He’s missing the race component. Indeed, many of his political appointments have been racial or ethnic minorities.

Some people would say, “Oh, but those minorities don’t count because they’re conservatives.” To those people, I have a question: So, who’s the bigot here when you’re the one willing to deny the color of a person’s skin because he lacks the “correct” viewpoints?

The nationalistic component is a closer call. Trump shows little interest in invading Poland or France, but does seem to hanker for a little elbow room up north in Greenland and Canada. Still, forcible conquest doesn’t appear to be on his radar. (But what exactly is the purpose of his conquistador callings?)

As for a belief in a natural social hierarchy . . . gimme a break, the guy’s a real estate developer. If there were a natural social hierarchy, real estate developers would be at the bottom.

Here’s the component that worries me: He doesn’t suffer disagreement lightly.

It would be one thing if Trump shot down disagreement with brilliant argument and nuanced analysis. In doing that, my favorite commentator on the conservative side – or any side, for that matter – was William F. Buckley. He won arguments in such eloquent, understated style that the people he persuaded to his side left thinking they had agreed with him all along.

Trump, not so much. If you agree with him at the outset, he’ll draw cheers from you. But that’s not a persuader; that’s a cheerleader.

As for those who disagree with him, he quickly escalates – or, rather, gutter-stoops – to name-calling, arm-twisting and outright bullying.

There’s a place for that tactic, to be sure. Army boot camp comes to mind.

In politics and people, however, such an approach tends to backfire. You can bully people only so far, and you can’t bully strong people at all.

Moreover, the bullying itself can backfire. For example, how is Vladimir Putin supposed to back down once Trump tells him to? Even the girly-men at Harvard have stood their ground (sort of) once Trump publicly told them to take a knee. The first rule of effective bullying is to do it in private where the object of your bullying doesn’t need to save face.

But this self-pleasing bullying, this autocratic nature, is in Donald Trump’s DNA. Recall that this man took time away from making billions in order to be on a stupid TV reality show where he gloried in screaming “You’re fired!”

The most recent “You’re fired” moment came this week when Trump lashed out at some judges – one of which he appointed – for striking down his tariff program as non-enabled by the laws he’s citing. The judges may or may not be right, but it’s a matter that will be decided by the Supreme Court on appeal, as it should be, not by playground bullies. Meanwhile, calling the judge names is not an effective strategy for a litigant.

The judges that disagree with him are reinforced in their disagreement when he tries to bully them. They have lifetime tenure and no fear of Trump. And the judges who agree with him, give pause. What self-respecting judge (and judges have a lot of self-respect) wants to be known as a Trump toady?

Oh yeah, the Supreme Court. He lashes out at them, too, though he appointed three of the nine. And he lashes out at the conservative Federalist Society for helping him choose the judges he lashes out at. I’m sure he’s just one lash away from lashing out at the people who helped him choose the Federalist Society to help him choose the judges.

Maybe all this plays well with a certain component of the base, and so it’s all clever triangulation by Trump. More likely, it seems to me, he just has the nature of an authoritarian bully.

It’s his greatest weakness. And I will not be voting for him a fourth time.

But he’s not Hitler!

To generate book sales, the former Director of the FBI advocates 86’ing the President

Posted on May 17, 2025 by onthebeatontrack

James Comey has a book coming out, so he’s looking for attention. He got it.

He posted on Instagram a photo of shells on the beach arranged in the numbers “86 47,” the last two numbers being a little separate and bigger than the first two so as to differentiate them. His accompanying comment was:

“Cool shell formation on my beach walk.”

In case you were born yesterday, the number “86” is slang for terminating a person or thing. If a gangster talks about “86’ing” you, you’re toast. The number “47” of course corresponds to President Trump as the 47^th President.

Comey got the attention he sought, and then some. Then he deleted the Instagram post, and put up a new post “explaining” that:

“I posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message. I didn’t realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.”

Wait a minute. In his first post, Comey pretends that the numbers were merely a “cool shell formation” while they were obviously much more than that; they were the numbers “86” and “47.”

So why did he pretend they were just a shell formation in the first post?

In his second message, he contradicts his first in admitting that he was aware it was a “political message” but contends he was not aware that it was a violent one. Really? This is the former Director of the FBI.

Then what did he think it meant? He never says.

The Secret Service charged with protecting the President takes seriously threats to his safety. The latest reports are that they’ve interviewed Comey.

That presents a problem for Comey. It appears likely that Comey himself arranged the shells on the beach. If he maintained his story that he simply stumbled across them, he was probably lying.

Such a lie could be uncovered by the contents of his phone. Multiple pictures of his “shell formation” could be on his phone showing various iterations until he settled on the one he liked.

Such a lie to the Secret Service investigators would constitute perjury, as Comey well knows – since he put people in jail for that.

On the other hand, if he told the truth to investigators, he revealed himself for what he apparently is: A former Director of the FBI who is willing to encourage harm to the President in order to sell books.

In today’s sordid world, it will probably indeed work to sell books. Fellow travelers on the left will buy his book with no intention of reading it, just to support his advocacy of violence. After all, they’ve normalized calls for political assassination, as we saw when they lionized a maniac who murdered a health insurance CEO on the street.

And it may work to accomplish more, too. It may work to achieve its stated goal of 86’ing the President. These are dangerous times, and this sick former FBI Director isn’t helping matters.

The only hotness in Hogg is that he’ll soon be bacon

Posted on May 14, 2025 by onthebeatontrack

The Democrat who goes by the initials AOC is the hottest Democrat in Congress. I know that’s a low bar, but still.

It’s the main reason Democrats like her. Be honest: Who would you like to share a voting booth with – AOC or Nancy Pelosi? And then there’s also the possibility of voting from home . . . .

I’ll admit it’s a bit creepy to see Her Hotness and 163-year-old Bernie Sanders together on a stage performing Dem-porn acts such as “the rich don’t pay taxes” and “Republicans are a threat to Democracy” before at least one of them gets driven to one of Bernie’s mansions.

But in creepy cradle-robbing and grave-robbing stunts, they have nothing on the Republicans. Have you seen Bill Belichick’s new 24-year-old girlfriend? (I thought the guy was just a great football coach. Turns out, he’s a god!)

And then there’s a new kid on the block named David Hogg. He’s a hero because he was at school one day when a nutcase went ballistic with a gun.

Hogg saved several students. Well, no, he didn’t.

Hogg disarmed the gunman. Well, no he didn’t.

Hogg went to confront the gunman. Well, no he didn’t.

Hogg hid in a closet. Yes, he did.

Hogg has made a living selling the day he hid in a closet. His pitch is that we should ban guns. Forget about police protection in the schools. Forget about mental health issues. Forget about arming the teachers. No, we should ban guns.

Because then, the gunmen couldn’t get a gun legally at a gun store, and they’d have to get them illegally instead. They’d have to get one or more of the 400 million that are in circulation in America.

Democrats love this pitch. Not because it would reduce gun violence – remember the 400 million guns already out there?

No, Dems love the pitch for two reasons. One, it punishes gun owners, and they hate gun owners. Or at least they think they do. They forget that most gun owners are not pickup-drivin’ beer-drinkin’ tobacky-chewin’ GOP-votin’ rednecks. Most don’t drop their drawers or even their g’s. Most are people like you and me. Well, at least me.

Two, banning guns makes Dems feel virtuous. It means they’re doing something and, more importantly, it means they can say they’re doing something. In the world of Democrats, it doesn’t matter if what you do is effective. It only matters that you do it and talk about doing it.

Hogg rode this pitch all the way to the Democrat National Committee Vice Chairmanship. (I won’t make a comment about the Chairman of Vice, not with Belichick on the page.) Hogg became a male AOC. White smoke rose from the DNC office, and it wasn’t because they were burning emails. They all but christened him “His Hotness.”

Then he started saying some things apart from his DNC-approved gun-taking pitch. He suggested that the old Democrats should retire to make way for young ones. He himself, coincidentally, happens to be a young one.

But not all old Democrats should retire, he said. Only the powerless ones he thought he could risk offending. That wouldn’t include 85-year-old Nancy. She’s fine, he assured us. Really not even old!

He miscalculated. Turns out, the old powerless ones he said should retire do, in fact, have some power.

Hogg is now being ousted from his Chairman of Vice position. He’s cooked. He’s fried. He’s bacon.

But he’s still got his gun-taking schtick. Expect more books and speeches.

Joe, don’t go!

Posted on May 11, 2025 by onthebeatontrack

On those rare occasions when I’m in need of an emetic, I’d rather have a finger stuck down my throat than have the image of Joe Biden stuck through my retina.

But he’s baaaaaack anyway. Democrats hate that he’s back.

What my enemy hates, I should like. And so, I do. Even though it hurts my eyes and turns my stomach.

Democrats hate it for the same reasons that I like it. Every Joe sighting reminds people of why they voted against him. He demonstrates that he’s a creaky, corrupt, cardboard cutout that is incapable of thought and practically incapable of reading a teleprompter containing the thoughts of people who do his thinking for him.

Every appearance reminds people that the Democrats lied that he was “sharp as a tack” right up to the minute that he proved beyond a reasonable doubt that he was dull as a dullard, at which time they dumped him like a stained, plaid Laz-Z-Boy from the 70s and declared that their hand-picked replacement (why bother with primaries to ascertain the people’s preference when you have Nancy, Chuck and Barack?) was

. . . wait for it . . .

. . . “sharp as a tack.”

And joyous, to boot. And no known hair plugs, capped teeth, or criminal family.

I almost feel bad for Joe that the Democrats are not even pretending to welcome him. Almost.

“Joe, please go” Is their typical greeting. Guffaws are their typical reaction to his tiresome contention that he would have won the election (if only he’d had the courage not to quit). Yawns are elicited by his warnings that the Republicans want to end Social Security, end motherhood, and end the world.

Rage is the emotion generated by him reminding Democrats of his truculent, selfish refusal to quit when the quitting was good – back when the primaries were playing out and a competent new candidate could be chosen in the way they’re supposed to be. Embarrassment is what they feel when they see him stumbling, bumbling, humbling and crumbling on a stage.

Mind you, I don’t blame Joe for being semi-senile. Lots of people wind up there. Supreme Court Justice Ruth Bader Ginsburg in her final years comes to mind.

Ginsburg is another person whom I adore because she screwed the Democrats by quitting long after the quitting was good. Ginsburg’s encroaching senility so clouded her judgment that she could not see it encroaching, and so she failed to quit in time for Barack Obama to name her replacement.

She died at age 87 while still on the bench (when she was not in the hospital). After decades of reliably liberal votes, the legacy she left is that her replacement is Amy Coney Barrett, nominated by Republican President Trump and confirmed by a Republican Senate.

Back to Joe being back. Surely, he can still distinguish between friends and enemies. Given that his friends wish he’d go away for good, and his enemies are happy he doesn’t, one might ask, why doesn’t he go away?

This might shock you, but politicians have big egos. They crave attention. It’s not exactly a monastic profession.

I don’t hold that against them. The need for attention is fundamental to mankind (and, to a slightly lesser extent, womenkind). Some people achieve it by being loved, others achieve it by being hated, and still others achieve it by writing stupid blogs where they weave themselves into the narrative.

What I hold against Joe is not his basic need for attention. What I hold against him is his terrible policies, his family corruption, his gross incompetence, and his shameless lies.

I’m glad he’s back to remind Americans of those things. As he continues to decline, I hope he sticks around. Cement that legacy, Joe.

Should we kill all the alligators, or get out of the swamp?

Posted on March 30, 2025 by onthebeatontrack

Lawyer advising client engaged in expensive litigation: The goal should be to get out of the swamp, not to kill all the alligators.

Dishonest media-alligators undermined President Trump’s first Presidency with bogus charges of Russian collusion. Corrupt deep state-alligators fabricated allegations to defeat his re-election in 2020. Partisan prosecutor-alligators in New York and Georgia brought bogus charges in trying to derail his election last year.

Overreaching judge-alligators in some of the federal district courts now seek to undermine his national security policies – an area that the Constitution largely reserves to the President.

It’s a testament to Trump’s courage and stamina – and to the nation’s structure and people – that he has fought and mostly beaten the alligators over the last ten years. In his spare time, he got himself elected President twice and survived two assassin-alligators.

He’s been up to his elbows in alligators. I understand why he’s going after them now. I probably would, too.

It’s also important to note, in fairness to Trump, that we didn’t elect him to get us out of the swamp; we elected him to drain it. Draining the swamp is inevitably hard on the alligators who feed there.

But here’s the issue. Not all of Trump’s targets today are alligators and not all are even in the swamp.

Such as Big Law.

I don’t expect you to feel sorry for girly men and manly girls pulling down seven-figures to say res ipsa loquitur. And it’s a fact that Big Law (which I’ll define as the several dozen American law firms with over 1,000 lawyers) is a mostly liberal crowd. That is evident from their political contributions which are largely to Democrats, and from their pro bono activities which are mostly for liberal causes.

But you could say the same thing about nuns. (Not the seven-figures part.)

In my practice, seldom did I see Big Law behaving like a political institution. In fact, the firms that comprise Big Law are rivals which rarely act concertedly or even cooperatively. Rather, they make a good living by fighting with one another on behalf of their opposing clients.

Those clients are notably moderate, since the executive ranks of the Fortune 500 include very few radicals. In their choice of lawyers to represent them in their next billion-dollar merger or bet-the-company antitrust case, they aren’t exactly looking for Che Guevara.

As for individual lawyers, the recipe for success in Big Law has nothing to do with political leanings. The recipe is: do great work, have great clients, and bill great hours. (I had at least one of those ingredients when I was in Big Law, and wound up doing OK.)

Big Law is simply not an alligator, and, even if it is, it’s not in the D.C. swamp (with the possible exception of the firm that was involved in the Steele Dossier, an involvement from which the firm has distanced itself after the departure of a key lawyer).

Even if Big Law firms are indeed Democrat institutions, notwithstanding what I’ve pointed out above, being a Democrat merely makes a person hypocritical, socialistic, loathsome, and halitotic. It doesn’t make them a criminal.

So, is it appropriate to bring the enormity of the U.S. Government to bear on private enterprises like Big Law for the sin of choosing one political doctrine over another?

If so, then why limit it to Big Law? Why not have the government go after Big Business for their political leanings? Why not go after Big Billionaires for theirs? Why not go after Big You and Big Me for ours?

Why not go after Big Nuns?

Before you moan “damned straight!” consider the fact that someday there will be another Democrat President, someday there will be another Democrat Congress, and someday there will be another Democrat Supreme Court.

If America is to continue, it will be as a nation of predictable laws and sound principles, not a series of regimes exacting revenge on their predecessor regimes.

That said, I can hardly wait for Trump and Musk to bring down the teachers’ unions.

Glenn K. Beaton practiced law in the federal courts, including the Supreme Court.

Is it productive for Trump to push legal limits?

Posted on March 18, 2025 by onthebeatontrack

I won’t leave you in suspense. I’m a lawyer, so the answer is sometimes yes, sometimes no.

If you’re in the tribe that thinks whatever Trump does is wrong, or the opposite tribe that thinks whatever Trump does is right, then read no further. Just skip the analysis and instead warm up your cheers or your jeers for the Comments below, as your tribe dictates.

But if you’re in neither tribe, but are just a political partisan (which is different than being in a tribe) or a political neutral (are there any these days?) then read on.

It’s important to recognize at the outset that Presidents push legal limits all the time, and they often lose when the matter is adjudicated in the courts. The actions of Joe Biden’s administration were frequently struck down as being in violation of applicable laws or Constitutional provisions. That includes actions on important matters concerning the immigration laws, the environmental laws, the deference to administrative agencies, the wage laws, and student loan forgiveness.

Before you exclaim “Yeah, Biden was a crook,” be aware that this is something that just happens with Presidents, including Bush, Obama, Reagan and nearly every other one. Abraham Lincoln illegally suspended the Constitutional habeas corpus rules, thereby precluding wrongly imprisoned American citizens from seeking court reviews of their cases.

(All that said, Biden was indeed a crook.)

It would be a simpler world if the good guys and bad guys and all the rest of us always knew exactly what’s legal and what’s not. We’d just send the bad guys to jail when they did something that’s not. We wouldn’t need trials, courts, judges and juries.

But our world is complicated and fact-dependent, and so is the law.

That’s why I have no problem with President Trump testing the limits. If he didn’t, he wouldn’t be doing his job – a job I voted for him to do, three times (in three elections, I hasten to add).

A good example is the issue of birthright citizenship. The 14^th Amendment appears to state that a person born in this country is automatically a citizen of the country, regardless of whether the mother is in the country legally.

But the Amendment contains a vague qualifier “subject to the jurisdiction thereof.” Trump’s argument is that this qualifying phrase excludes from citizenship a baby born in this country if its mother is here illegally.

Although I hope Trump’s argument will succeed, I think it ultimately will not. But it’s a non-frivolous argument, and I would not be shocked if the Supreme Court ultimately buys it (though I would indeed be surprised).

In such a case, it’s fine for President Trump to make the argument. Let it go up to the Supreme Court, as Trump has requested, and let them decide the matter. That’s the way the system is supposed to work, and it nearly always does.

By the way, six of the nine Supreme Court Justices were appointed by Republicans who might lean toward Trump’s view of the matter.

(Here’s where you can complain that some of the Republican-appointed Justices are not “real conservatives.” Fine. But if that’s the case, then the blame lies with the Republican Presidents who appointed them – who was President Trump in his first term in the case of three of the six.)

Now here’s where things get dicey. What happens if Trump’s argument on birthright citizenship fails at the Supreme Court?

Trump himself has said he has no intention of violating court orders. That should end the matter. If it doesn’t, then we truly have a crisis, and I don’t mean that in a good way.

We had a hint of a crisis this week. The Department of Justice put Venezuelan immigrants alleged to be gang members on planes to deport them. There was apparently no contention that they were here legally, but there was also no due process finding that they were indeed members of the identified gang.

A judge ordered that they not be deported for another two weeks so that the matter could be given minimal due process. Meanwhile, the individuals were safely in the DOJ’s custody.

The judge at a hearing explicitly told the DOJ that they should instruct any planes already in the air to turn around. However, the judge’s subsequent written order did not include that instruction.

Be aware that judges often issue orders orally. There’s no magic about reducing an order to writing.

But the White House has contended that the absence of the judge’s oral turn-around order in his written order meant that it was no longer in effect. Therefore, they say, they were free to let the planes proceed without intending any violation of the court’s order.

I find that argument dubious.

But I’m very glad they made that argument, rather than simply stating “We don’t follow court orders we don’t like from judges we don’t respect.”

That sort of belligerence would be unconstructive, and would cost Trump the support of most Americans. We’ve come too far to lose it all in an ill-advised cafeteria food fight.

Unfortunately, however, that’s the belligerence I’m seeing in some of the internet commentary from the tribe.

Let’s look at the big picture. In virtually all democracies (almost by definition), the final interpretation of laws is made by the judicial branch, not by an executive branch. The Constitution that we conservatives hold dear requires the executive to defer to the courts in interpreting the nation’s laws.

If the executive doesn’t like a law, his remedy is to get the law changed if the people’s representatives concur. It’s not to say “I can do whatever I want because the people elected me.”

That could be our system, but it clearly is not. If it were, then all the judges – and, for that matter, all the legislators – could just go home. But it would be to a very different home.

Glenn K. Beaton practiced law in the federal courts, including the Supreme Court.

Was Michelle Obama a DEI bride?

Posted on February 11, 2025 by onthebeatontrack

I have nothing against Michelle. The media tells us that she’s pretty, she’s smart, she’s accomplished, and I’m sure she’s charming. As her husband said about Hillary Clinton, she’s “likable enough.”

OK, I’ll admit that I didn’t particularly like her comment that the first time she was proud of America was the night Barack was elected. Surely there was a time in her first 45 years before then that she felt some pride in America. How about when the 1980 Olympic Hockey Team beat the Russians? How about when we put a man on the Moon? How about when we passed the Civil Rights Acts?

In any event, I always thought she could have congratulated her husband for being elected President of the nation without gratuitously insulting that nation. If she truly thought so little of the nation that she’d never before been proud of it, how could she be proud that he’d been elected President of it?

And how could the incoming First Lady be so rude to the country? A more gracious statement still true to her feelings might have been something like “I was so proud of America that night.”

Also, I think the media fawning over her beauty was a bit overdone, to the point that it seemed racially condescending to me. Beauty is in the eye of the beholder, but to my eye she is not as beautiful as Jackie Kennedy was. But, for that, blame the media and their eyes for their contrary judgment, not Michelle.

As for Michelle’s considerable accomplishments, one was indeed comparable to Jackie’s — it was to marry well. Michelle married a bright, rising politician by the name of Barry Soetoro.

Soetoro had been born to an 18-year-old white woman and an older Kenyan man who abandoned them. He grew up in Hawaii as a mixed-race boy of a white mother.

Soetoro became interested in politics, particularly the ethnic type. In that, his white mother — his only parent that was present — was a liability. Being half Black was an asset, but only a half-ass-et.

With a touch of the self-promoting genius he was to display throughout his career, he changed his name to “Barack Obama,” taking his missing father’s Kenyan name. And he decided he “identified” as all Black.

In one of the self-promotion books he later wrote, he even stated in the preface that he had been born in Kenya. When that became problematic — nay, disqualifying — in his campaign for the Presidency, he “explained” that the preface had been written by someone else and he’d never read it.

Uh huh. It’s surprising that the press let him get away with that explanation, until you realize that this same press later dismissed the Hunter laptop as fake and assured us that Joe Biden was sharp as a tack.

This guy now going by Barack had a talent for riding the early 2000s wave of liberal white guilt. Chameleon-like, he could be what he really was — a mixed race kid from Hawaii — or, on demand, he could drop his g’s and be shuckin’ and jivin’ with the bros.

Hillary might have been likable enough, but Barack was Black enough. And in the year 2008, Black was better.

Barack had foreseen it all, early on. And he had already orchestrated the show.

There was one problem. Barack had several girlfriends before he got married. The thing in common was . . . they were white.

That presented a problem because this guy had consciously reinvented himself as a Black leader with a white personality, someone who could garner Black votes with his Blackness while garnering white liberal votes with his whiteness.

So Barack let the white chicks go. Bad fit for his career ambitions. He substituted a bright young lawyer, Michelle. She was ambitious, almost as much as he. And very much Black.

He married her. He won the Presidency. He won the adulation of the media. He won that thing he imagined was ever-arcing toward him — history.

Now in his post-history, his post-presidency, his post-Blackness, and perhaps his post-marriage, he might have won Jennifer Aniston. The rumors are thick that the two of them are an item. Liberal “fact-checker” Snopes says there’s “no evidence” of it, even as they reference numerous insiders who swear it’s true. (When Snopes wants something to be false, the evidence of it is always deemed not evidence. What do they want, a stained blue dress?)

Moreover, there’s a dog that didn’t bark. Michelle was mysteriously absent from two big political events — the inauguration of Donald Trump and the funeral of Jimmy Carter, both of which were attended by everyone who’s anyone, but which Barack attended alone.

The only question now is, will he change his name back to Barry Soetoro?

Was Michelle Obama a DEI bride?

Posted on February 6, 2025 by onthebeatontrack