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arsather.bsky.social
ARSather
@arsather.bsky.social
1.7K followers 800 following 590 posts
B'way stagehand
Former roadie
Ex-Pat cheesehead
Reluctant Jersey Boy
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melissabrownstein.bsky.social
No immigrant is illegal when standing on stolen land!
February 3, 2026 at 2:08 AM
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jonathanrheaps.bsky.social
Legal analysis aside, the CLARITY of this introduction is a model for us all.
stevevladeck.bsky.social Steve Vladeck @stevevladeck.bsky.social · 1h
Even if you don't have time to read all 83 pages of Judge Reyes's opinion barring the Trump administration from rescinding Temporary Protected Status for 350,000+ Haitians, please at least check out the four-page introduction.

It's a tour de force:

storage.courtlistener.com/recap/gov.us...
"On December 2, 1783, then-Commander-in-Chief George Washington penned: “America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions.”1 More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. § 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually. See Part VI. Department of Homeland Security (DHS) Secretary Kristi Noem has a different take. [screenshot of tweet]. So says the official responsible for overseeing the TPS program. And one of those (her word) “damn” countries is Haiti. Relevant here, three days before making the above post, Secretary Noem announced she would terminate Haiti’s TPS designation as of February 3, 2026. See 90 Fed. Reg. 54733 (Nov. 28, 2025) (Termination). Plaintiffs are five Haitian TPS holders. They are not, it emerges, “killers, leeches, or entitlement junkies.” They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer’s disease, Dkt. 90 (Second Am. Compl. (SAC)) ¶ 1; Rudolph Civil, a software engineer at a national bank, id. ¶ 2; Marlene Gail Noble, a laboratory assistant in a toxicology department, id. ¶ 3; Marica Merline Laguerre, a college economics major, id. ¶ 4; and Vilbrun Dorsainvil, a full-time registered nurse, id. ¶ 5. They claim that Secretary Noem’s decision violates the Administrative Procedure Act (APA), 5 U.S.C. § 706(2), and the Fifth Amendment of the U.S. Constitution. The Government counters that the Court does not have jurisdiction, and, in any case, the Secretary did not violate the law. Plaintiffs seek to stay the Secretary’s decision under 5 U.S.C. § 705 pending the outcome of this litigation. See Dkt. 81 (§ 705 Mot.). To decide their motion, the Court considers first whether it has jurisdiction. It does. See Part II. It then considers: whether Plaintiffs have a substantial likelihood of success on the merits; whether they will be irreparably harmed absent a stay; and whether a merged balance of the equities and public interest analysis favors a stay. See Part III. Each element favors Plaintiffs. See Parts IV, V, and VI. Plaintiffs charge that Secretary Noem preordained her termination decision and did so because of hostility to nonwhite immigrants. This seems substantially likely. Secretary Noem has terminated every TPS country designation to have reached her desk—twelve countries up, twelve countries down. See Section IV.A.2. Her conclusion that Haiti (a majority nonwhite country) faces merely “concerning” conditions cannot be squared with the “perfect storm of suffering” and “staggering” “humanitarian toll” described in page-after-page of the Certified Administrative Record (CAR). See Section IV.A.3.a. She ignored Congress’s requirement that she “review the conditions” in Haiti only “after” consulting “with appropriate agencies.” 8 U.S.C. § 1254a(b)(3)(A); see Section IV.A.1. Indeed, she did not consult other agencies at all. See id. Her “national interest” analysis focuses on Haitians outside the United States or here illegally, ignoring that Haitian TPS holders already live here, and legally so. See Section IV.A.3.b. And though she states that the analysis must include “economic considerations,” she ignores altogether the billions Haitian TPS holders contribute to the economy. See id. The Government’s primary response is that the TPS statute gives the Secretary unbounded discretion to make whatever determination she wants, any way she wants. And, yes, the statute does grant her some discretion. But not unbounded discretion. To the contrary, Congress passed the TPS statute to standardize the then ad hoc temporary protection system—to replace executive whim with statutory predictability. See Section I.A. As to irreparable harm, the Government contends that, at most, the harms to Haitian TPS holders are speculative. But the Department of State (State) warns [screenshot] Dkt. 100 (§ 705 Reply) at 20–21.4 “Do not travel to Haiti for any reason” does not exactly scream, as Secretary Noem concluded, suitable for return. And so, the Government studiously does not argue that Plaintiffs will suffer no harm if removed to Haiti. Instead, it argues Plaintiffs will not certainly suffer irreparable harm because DHS might not remove them. But this fails to take Secretary Noem at her word: “WE DON’T WANT THEM. NOT ONE.” See Section IV.B.2.b. Finally, the balance of equities and public interest favor a stay. The Government does not cite any reason termination must occur post haste. Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight. She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many things—in the public interest is not one of them. For the reasons below, the Court GRANTS Plaintiffs’ Renewed Motion for a Stay Under 5 U.S.C. § 705, Dkt. 81.
February 3, 2026 at 1:21 AM
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stevevladeck.bsky.social
Even if you don't have time to read all 83 pages of Judge Reyes's opinion barring the Trump administration from rescinding Temporary Protected Status for 350,000+ Haitians, please at least check out the four-page introduction.

It's a tour de force:

storage.courtlistener.com/recap/gov.us...
"On December 2, 1783, then-Commander-in-Chief George Washington penned: “America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions.”1 More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. § 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually. See Part VI. Department of Homeland Security (DHS) Secretary Kristi Noem has a different take. [screenshot of tweet]. So says the official responsible for overseeing the TPS program. And one of those (her word) “damn” countries is Haiti. Relevant here, three days before making the above post, Secretary Noem announced she would terminate Haiti’s TPS designation as of February 3, 2026. See 90 Fed. Reg. 54733 (Nov. 28, 2025) (Termination). Plaintiffs are five Haitian TPS holders. They are not, it emerges, “killers, leeches, or entitlement junkies.” They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer’s disease, Dkt. 90 (Second Am. Compl. (SAC)) ¶ 1; Rudolph Civil, a software engineer at a national bank, id. ¶ 2; Marlene Gail Noble, a laboratory assistant in a toxicology department, id. ¶ 3; Marica Merline Laguerre, a college economics major, id. ¶ 4; and Vilbrun Dorsainvil, a full-time registered nurse, id. ¶ 5. They claim that Secretary Noem’s decision violates the Administrative Procedure Act (APA), 5 U.S.C. § 706(2), and the Fifth Amendment of the U.S. Constitution. The Government counters that the Court does not have jurisdiction, and, in any case, the Secretary did not violate the law. Plaintiffs seek to stay the Secretary’s decision under 5 U.S.C. § 705 pending the outcome of this litigation. See Dkt. 81 (§ 705 Mot.). To decide their motion, the Court considers first whether it has jurisdiction. It does. See Part II. It then considers: whether Plaintiffs have a substantial likelihood of success on the merits; whether they will be irreparably harmed absent a stay; and whether a merged balance of the equities and public interest analysis favors a stay. See Part III. Each element favors Plaintiffs. See Parts IV, V, and VI. Plaintiffs charge that Secretary Noem preordained her termination decision and did so because of hostility to nonwhite immigrants. This seems substantially likely. Secretary Noem has terminated every TPS country designation to have reached her desk—twelve countries up, twelve countries down. See Section IV.A.2. Her conclusion that Haiti (a majority nonwhite country) faces merely “concerning” conditions cannot be squared with the “perfect storm of suffering” and “staggering” “humanitarian toll” described in page-after-page of the Certified Administrative Record (CAR). See Section IV.A.3.a. She ignored Congress’s requirement that she “review the conditions” in Haiti only “after” consulting “with appropriate agencies.” 8 U.S.C. § 1254a(b)(3)(A); see Section IV.A.1. Indeed, she did not consult other agencies at all. See id. Her “national interest” analysis focuses on Haitians outside the United States or here illegally, ignoring that Haitian TPS holders already live here, and legally so. See Section IV.A.3.b. And though she states that the analysis must include “economic considerations,” she ignores altogether the billions Haitian TPS holders contribute to the economy. See id. The Government’s primary response is that the TPS statute gives the Secretary unbounded discretion to make whatever determination she wants, any way she wants. And, yes, the statute does grant her some discretion. But not unbounded discretion. To the contrary, Congress passed the TPS statute to standardize the then ad hoc temporary protection system—to replace executive whim with statutory predictability. See Section I.A. As to irreparable harm, the Government contends that, at most, the harms to Haitian TPS holders are speculative. But the Department of State (State) warns [screenshot] Dkt. 100 (§ 705 Reply) at 20–21.4 “Do not travel to Haiti for any reason” does not exactly scream, as Secretary Noem concluded, suitable for return. And so, the Government studiously does not argue that Plaintiffs will suffer no harm if removed to Haiti. Instead, it argues Plaintiffs will not certainly suffer irreparable harm because DHS might not remove them. But this fails to take Secretary Noem at her word: “WE DON’T WANT THEM. NOT ONE.” See Section IV.B.2.b. Finally, the balance of equities and public interest favor a stay. The Government does not cite any reason termination must occur post haste. Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight. She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many things—in the public interest is not one of them. For the reasons below, the Court GRANTS Plaintiffs’ Renewed Motion for a Stay Under 5 U.S.C. § 705, Dkt. 81.
February 3, 2026 at 1:06 AM
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joncooper-us.bsky.social
👇👇👇👇
February 2, 2026 at 6:10 PM
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jaxtraw.bsky.social
Amen
February 3, 2026 at 12:49 AM
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shimanti.bsky.social
The people who provide arts and entertainment have talents that the majority of the world does not have.

They write their thoughts and their opinions through music, dance, scripts, etc.

They are the ones who document these times the best.

#ProAmericanEntertainment
#ThankYou

🙏🎵🎭
February 3, 2026 at 12:55 AM
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harrylitman.bsky.social
Don’t make the mistake of lumping this in with weekly Trump outrages. This is the knife at the jugular of democracy. It should be an absolute call to maximum resistance for all patriots.

Trump, in an Escalation, Calls for Republicans to ‘Nationalize’ Elections www.nytimes.com/2026/02/02/u...
Trump, in an Escalation, Calls for Republicans to ‘Nationalize’ Elections
www.nytimes.com
February 3, 2026 at 12:45 AM
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whstancil.bsky.social
Anyway the real heroes of Minnesota are the countless volunteers doing boring shifts where nothing happens. The mom of three delivering food to 40 families in her kids’ school. The dad standing at the door of an elementary with a whistle for hours. The drivers endlessly looping, seeing nothing.
February 3, 2026 at 12:46 AM
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zeteo.com
I Watched ‘Melania,’ a Film That Tries to Whitewash Trump’s Fascism

The propaganda film is eager to present the First Lady as a benevolent political force, and pretend she isn't part of her husband's authoritarian project, @naomilachance.bsky.social writes.

Read:
zeteo.com/p/melania-tr...
I Watched ‘Melania,’ a Film That Tries to Whitewash Trump’s Fascism
The propaganda film is eager to present the First Lady as a benevolent political force, and pretend she isn't part of her husband's racist, authoritarian project. It fails at both.
zeteo.com
February 2, 2026 at 3:59 PM
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chrisgeidner.bsky.social
BREAKING: Judge Jia Cobb issues a TRO blocking DHS Sec Noem's Jan 8 memo purporting to require 7-day notices by members of Congress to perform oversight visits to immigration detention facilities.

The effect is that congressional oversight visits are allowed on request, as is required by Sec. 527.
Case 1:25-cv-02463-JMC Document 52 Filed 02/02/26 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOE NEGUSE, in his capacity as a Member of the U.S. House of Representatives, et al., Plaintiffs, Case No. 25-cv-2463 (JMC) V. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Defendants. ORDER Pending before the Court is Plaintiffs' motion for a temporary restraining order, or in the alternative, for a stay under 5 U.S.C. § 705. ECF 49' For the reasons discussed below, the Court GRANTS the motion for a temporary restraining order pending further proceedings on Plaintiffs' request for a Section 705 stay. ORDERED that Defendants are TEMPORARILY ENJOINED from enforcing against the Plaintiffs the oversight visit policy as announced on January 8, 2026, or otherwise requiring any Plaintiff to provide advance notice before conducting oversight visits at any facility operated by or for DHS used to detain or otherwise house aliens; and it is further ORDERED that this Order shall apply to the maximum extent provided for by Federal Rule of Civil Procedure 65(d)(2); and it is further ORDERED that, pursuant to Rule 65(b)(2), this Order shall expire in 14 days, subject to any further order from the Court; and it is further ORDERED that, should Defendants intend to file a supplemental brief in support of their opposition to Plaintiffs' request for a Section 705 stay, they shall have until February 8, 2026, to do so. Plaintiffs shall have until February 11, 2026, to file any additional reply in support of their request for a Section 705 stay. The Court will shortly contact the Parties regarding a hearing. Should the Parties confer and agree on an alternative briefing schedule, they may request alternative dates by submitting a joint status report. SO ORDERED. ЛА М. СОВВ United States District Judge
February 2, 2026 at 4:50 PM
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marcelias.bsky.social
I have been warning for months that he is going to try to steal the election. That is why my law firm is litigating 80 voting cases with more on the way.

It is also why I tell people to sign up for Democracy Docket to stay imformed. hubs.ly/Q03M8rql0
atrupar.com Aaron Rupar @atrupar.com · 8h
Trump: "These people were brought to our country to vote, & they vote illegally. The Republicans should say, we should take over the voting in at least 15 places. The Republicans ought to nationalize the voting. We have states that I won that show I didn't win. You're gonna see something in Georgia"
February 2, 2026 at 6:28 PM
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chrisgeidner.bsky.social
BREAKING: Judge blocks Noem's second attempt to keep members of Congress out of immigration facilities.

U.S. District Judge Jia Cobb issued a temporary restraining order on Monday morning.

New, at Law Dork:
Judge blocks Noem's attempt to keep members of Congress out of immigration facilities
U.S. District Judge Jia Cobb issued a temporary restraining order on Monday morning. Also: For paid subscribers, closing my tabs.
www.lawdork.com
February 2, 2026 at 7:17 PM
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smeders.bsky.social
There is no question this was a lynching and public execution.

They didn’t even know Alex had a gun in his HOLSTER until he was on the ground. He never touched it.
They beat him then shot him 10x.
February 1, 2026 at 8:28 PM
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marcelias.bsky.social
Here is what Democracy Docket is tracking today:

Active Voting Rights Cases: 163
Active Redistricting Cases: 47
Active Anti-Voting Cases: 87
Active Pro-Voting Cases: 72
Active DOJ Lawsuits: 25

Stay informed. Subscribe today. hubs.ly/Q03M8rql0
February 2, 2026 at 2:57 PM
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maddow.bsky.social
"Among the hires at CBS News announced by Weiss is a doctor who claims he reduced his biological age by 20 years with cold plunges; that cod liver oil treats autism; and that Alzheimer’s and dementia can be reversed with supplements he sells on his online store."

www.theguardian.com/us-news/2026...
Bari Weiss’s new CBS hires include ‘germ theory denialist’ doctor
Dr Mark Hyman, who claimed he reduced his biological age by 20 years, brought on as a contributor
www.theguardian.com
February 1, 2026 at 7:58 PM
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jamellebouie.net
making tulsi gabbard DNI is itself a watergate level scandal
wsj.com The Wall Street Journal @wsj.com · 15h
Exclusive: A U.S. official has alleged wrongdoing by U.S. spy chief Tulsi Gabbard in a complaint that is so highly classified it has sparked months of wrangling over how to share it with Congress, according to people familiar with the matter.
Classified Whistleblower Complaint About Tulsi Gabbard Stalls Within Her Agency
Congress hasn’t seen the complaint, which was filed eight months ago with the U.S. intelligence community watchdog’s office.
on.wsj.com
February 2, 2026 at 1:17 PM
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carlquintanilla.bsky.social
Quiet. We’re busy rebuilding Venezuelan infrastructure. And the Kennedy Center. 🤡
nytimes.com The New York Times @nytimes.com · 1d
Tens of thousands of people across Tennessee, Mississippi and Louisiana have gone a week without power or heat after a brutal ice storm. At least three dozen people have died in connection with the storm, officials have said.
Fear and Anger Grow as Thousands Remain Without Power in the South
More than 30 people have died across three Southern states in connection with last week’s storm, and thousands remain without power.
nyti.ms
February 2, 2026 at 1:37 AM
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fancysplace.bsky.social
🎀🎀
February 2, 2026 at 4:58 PM
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chrislhayes.bsky.social
Woke 2.0 back with a vengeance. You love to see it.
February 2, 2026 at 3:12 AM
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lisalisa42.bsky.social
Every accusation is a confession.
February 2, 2026 at 5:45 AM
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yasharali.bsky.social
A new post from Stephen Miller’s wife where she directly goes after the staff of Justin and Hailey Bieber
Katie Miller Y @KatieMiller X.com Wonder how many illegal aliens they employ in their household? @ICEgov THR The Hollywood Reporter @THR. 2h Justin Bieber and Hailey Bieber wear "ICE OUT" pins at the 2026 #Grammys red carpet
February 2, 2026 at 3:43 AM
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therickydavila.bsky.social
To whom it may concern, Bad Bunny is a United States citizen whilst MAGA lunatic Nicki Minaj is not.
February 2, 2026 at 3:43 AM
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adambear.bsky.social
It's up to Republicans to fund the government. If they wish not to be in control, resign.

Quit blaming Democrats, they're in the minority. This behavior is sickening.
February 1, 2026 at 6:36 PM
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reichlinmelnick.bsky.social
Unreal. He’s shutting down the Kennedy Center, after his flunkies caused mass defections of artists?

Everything the man touches turns to ash. Our cultural heritage; destroyed. Our national treasures; plundered.
atrupar.com Aaron Rupar @atrupar.com · 1d
Trump: "I have determined that the fastest way to bring The Trump Kennedy Center to the highest level of Success, Beauty, and Grandeur, is to cease Entertainment Operations for an approximately two year period of time, with a scheduled Grand Reopening that will rival and surpass anything."
Donald J. Trump @realDonaldTrump After a one year review of The Trump Kennedy Center, that has taken place with Contractors, Musical Experts, Art Institutions, and other Advisors and Consultants, deciding between either Construction with Closure and Re-Opening or, Partial Construction while continuing Entertainment Operations through a much longer period of time, working in and around the Performances, I have determined that The Trump Kennedy Center, if temporarily closed for Construction, Revitalization, and Complete Rebuilding, can be, without question, the finest Performing Arts Facility of its kind, anywhere in the World. In other words, if we don’t close, the quality of Construction will not be nearly as good, and the time to completion, because of interruptions with Audiences from the many Events using the Facility, will be much longer. The temporary closure will produce a much faster and higher quality result! Based on these findings, and totally subject to Board approval, I have determined that the fastest way to bring The Trump Kennedy Center to the highest level of Success, Beauty, and Grandeur, is to cease Entertainment Operations for an approximately two year period of time, with a scheduled Grand Reopening that will rival and surpass anything that has taken place with respect to such a Facility before. Therefore, The Trump Kennedy Center will close on July 4th, 2026, in honor of the 250th Anniversary of our Country, whereupon we will simultaneously begin Construction of the new and spectacular Entertainment Complex. Financing is completed, and fully in place! This important decision, based on input from many Highly Respected Experts, will take a tired, broken, and dilapidated Center, one that has been in bad condition, both financially and structurally for many years, and turn it into a World Class Bastion of Arts, Music, and Entertainment, far better than it has ever been before. America will be very proud of its new and beautiful Landmark
February 1, 2026 at 11:30 PM
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reazlepuff.bsky.social
So the officers who executed Alex weren't new and had 10+ years of training but Democrats voted to fund ICE so they could have... MORE training?
February 2, 2026 at 1:37 AM