"Joy and pleasure are as real as pain and sorrow and one must learn what they have to teach. . . ." -- Sean Russell, from Gatherer of Clouds

"If you're not having fun, you're not doing it right." -- Helyn D. Goldenberg

"I love you and I'm not afraid." -- Evanescence, "My Last Breath"

“If I hear ‘not allowed’ much oftener,” said Sam, “I’m going to get angry.” -- J.R.R. Tolkien, from Lord of the Rings

Thursday, June 20, 2019

Today's Must-Read: The Lower Depths

That's the moral ground the U.S. government is occupying right now. This story beggars belief:

The Trump administration argued in front of a Ninth Circuit panel Tuesday that the government is not required to give soap or toothbrushes to children apprehended at the U.S.-Mexico border and can have them sleep on concrete floors in frigid, overcrowded cells, despite a settlement agreement that requires detainees be kept in “safe and sanitary” facilities.

All three judges appeared incredulous during the hearing in San Francisco, in which the Trump administration challenged previous legal findings that it is violating a landmark class action settlement by mistreating undocumented immigrant children at U.S. detention facilities.

“You’re really going to stand up and tell us that being able to sleep isn’t a question of safe and sanitary conditions?'” U.S. Circuit Judge Marsha Berzon asked the Justice Department’s Sarah Fabian Tuesday.

U.S. Circuit Judge William Fletcher also questioned the government’s interpretation of the settlement agreement.

“Are you arguing seriously that you do not read the agreement as requiring you to do anything other than what I just described: cold all night long, lights on all night long, sleeping on concrete and you’ve got an aluminum foil blanket?” Fletcher asked Fabian. “I find that inconceivable that the government would say that that is safe and sanitary.”

This is the kind of reasoning you get from Trump's Justice Department:

On Tuesday, Fabian asked the Ninth Circuit to reverse Gee’s findings because they added new requirements – such as giving detainees soap and toothbrushes – that were not specifically included in Flores.

“One has to assume it was left that way and not enumerated by the parties because either the parties couldn’t reach agreement on how to enumerate that or it was left to the agencies to determine,” Fabian said.

“Or it was relatively obvious,” Fletcher shot back. “And at least obvious enough so that if you’re putting people into a crowded room to sleep on a concrete floor with an aluminum-foil blanket on top of them that it doesn’t comply with the agreement.”

I'm really starting to think about emigrating. Someplace rational.


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