Doug Rand Profile picture
Personal account. @FundMobility Co-Director. Previously @USCIS senior advisor, @WHOSTP assistant director, @chooseboundless & @playscripts co-founder

Jan 28, 2020, 7 tweets

I understand that SCOTUS doesn't traditionally explain its decisions about whether or not to stay (i.e. smack down) an injunction, but that silence can be cruel.

The #PublicCharge rule will affect millions of US citizens, US companies, & #immigrants. Why rush to judgment?

1/

Why do 5 justices believe the gov't will suffer "irreparable harm" unless the #PublicCharge rule goes into effect *right now*?

It replaces a policy that's been in place without incident for over 20 years.

@steve_vladeck nails it: 2/

@steve_vladeck Presumably these 5 justices agree with the 9th Circuit ruling, which is grotesque in its reasoning:

3/

@steve_vladeck Now let's talk about the heartless arrogance of the Gorsuch/Thomas concurrence.

Not a word about the substance of arguments for/against the #PublicCharge rule, unless we're to believe that the sheer page count of the 9th Cir ruling is persuasive.

4/

supremecourt.gov/opinions/19pdf…

@steve_vladeck Sweet #LOTR reference, Justice Gorsuch! You sure know how to gloss over the massive harm this ruling is guaranteed to inflict on millions.

"If all of this is confusing, don’t worry, because none of it matters much at this point...we now have an injunction to rule them all."

5/

@steve_vladeck And I'm sure that Justice Thomas has a persuasive (albeit unspoken) neutral principle for favoring a nationwide injunction against #immigrants way back in 2016, only to excoriate a pro-immigrant nationwide injunction today.

6/

@steve_vladeck Finally, is it just me or is Judge Bybee's 9th Cir #PublicCharge concurrence a public policy rant that should be on an op-ed page, not in an official ruling of the federal judiciary? 6/6

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