Author Archives: eehines

It Doesn’t Matter

Posted on by
Reply

The Supreme Court has said that the Trump administration can go ahead with its plans to deport 500,000 “migrants” from Cuba, Nicaragua, and Venezuela, ruling that the administration can cancel, as a preparatory step, the Temporary Protected Status the Biden administration had granted those illegal aliens. It’s only a partial victory, though, as the Court merely stayed a lower court ruling that barred the TPS cancelation while the matter works through the courts on its merits.

Two activist Justices dissented. Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, centered her dissent on the premise of the

devastating consequences of allowing the government to precipitously upend the lives and livelihoods of nearly half a million noncitizens while their legal claims are pending.

I’ll omit comment on the cynicism of the “noncitizen” characterization. Whether cancelation and potential subsequent deportation are good or bad policy, whether the removal is disruptive of the lives of those 500,000, these are political and social considerations, and so they are wholly irrelevant here. What does matter, all that is relevant, is whether the Trump administration is acting within the law. That is all that an American court can adjudicate; political and social considerations are the province of the political branches of our government and are explicitly outside the scope of our judicial branch. The judicial branch has no jurisdiction whatsoever on purely political/social matters.

All that matters to the judges, all that should matter, is what the stature before them and the relevant clauses of our Constitution say, not what judges think they should say.

That May Be

Posted on by
Reply

The Trump administration is moving to withdraw the visas for People’s Republic of China students at American colleges and universities. There is concern that the loss of these students at those schools would negatively impact the schools’ bottom lines.

A Trump administration announcement Wednesday that it would “aggressively” begin revoking visas for Chinese students confronts universities across the US with the prospect of a hit to their finances and talent pool.

There is, of course, a hue and cry from the press and their Party politicians. For instance, “US experts,” one of the many childhood imaginary friends so often consulted by news writers and opinionators, claim

A big decline in Chinese enrollment could severely cut into schools’ bottom line [sic] and damage US competitiveness[.]

And this: the People’s Republic of China “buys”—the news writer’s term—

education-related services, including spending on tuition and books, from the US, at $14.3 billion in 2023, 21% more than the $11.8 billion spent by students from India, and more than six times as much as students from South Korea, another major supplier of international students to the US.

That may be, but it isn’t relevant. Stipulate even that most of the PRC’s students here are entirely on the up and up. The question is not how much money the PRC spends on our schools, it’s the risk from the many who are here to spy directly, or are here to learn our technologies and our social techniques in order to take them back to the PRC to use against us.

The breadth and depth of that risk makes the group of them not worth the trouble to vet—an imperfect process at its best. The schools can adapt and adjust their budgets.

Cynicism…

Posted on by
Reply

…is alive and well in California. This is illustrated by the California Interscholastic Federation’s decision to increase the number of girls eligible to participate in State high school athletic tournaments while continuing to allow biological males—boys—to participate in those same girls’ tournaments.

[A]ny biological female student-athlete who would have earned the next qualifying mark for one of their Section’s automatic qualifying entries in the CIF State meet, and did not achieve the CIF State at-large mark in the finals at their Section meet, was extended an opportunity to participate in the 2025 CIF State Track and Field Championships[.]

Tl;dr translation: any girl who lost to a boy in an earlier stage of the competition will be granted the opportunity to compete and lose again to the same boy in the next stage.

The cynicism is made explicit by this remark by California’s Progressive-Democrat Gavin Newsom’s spokesperson Izzy Gardon:

CIF’s proposed pilot is a reasonable, respectful way to navigate a complex issue without compromising competitive fairness—a model worth pursuing.

No. There’s nothing respectful, reasonable, or fair in allowing boys to participate in girls’ sports.

More Foolishness

Posted on by
Reply

This time, it’s in a letter to the Wall Street Journal‘s Letters section by Isaiah Wilson (USA Col, Ret):

Understanding social dynamics in combat, including race and identity, is necessary for effective leadership and unit cohesion.

The problem with this claim is that in combat, logistics, maintenance, any other support function and in training for these, race is irrelevant, and identity is strictly and solely American. Subdividing our American military members, as it does in civilian life, only divides those members from each other, thereby creating…division, and that works disastrously against preparation and against execution.

Then Isaiah compounded his error.

Perhaps the reason America has struggled in combat is that we have underestimated the role of identity-centered understanding in military operations.

To the extent our military has struggled in combat, there has been too much emphasis on identity-centered understanding and the intrinsically racist and sexist divisions that emphasis creates. For all that, though, our military has not struggled in combat all that much. Our political leadership, though, has struggled mightily with combat, and that has gone to our detriment in nearly every conflict we’ve fought since WWII.

Keep the social justice claptrap out of the foxhole and out of our military in general, and return the training and operational focuses to producing the most lethal soldiers and the most lethal military establishment in the world.

Mischaracterization

Posted on by
Reply

The Vera Institutes of Justice’s Santiago Mueckay has one in his letter in the WSJ‘s Letters section.

[T]he Supreme Court has consistently affirmed that immigrants are entitled to due process under the US Constitution.

This is a cynically offered strawman argument. No one is arguing that immigrants are not entitled to our Constitution’s due process protections.

Illegal aliens, though—the ones targeted by rapid deportation efforts—hold themselves outside our social compact, outside our government’s jurisdiction, by breaking into our country in violation of our laws and then hiding from our government. From that, illegal aliens have no claim to, and no right for, any of the protections of our Constitution.

Mueckay will have to play with his dolly without me.