Politics

United States, Et al. v. shilling, Commander, Et Al. 24A1030

There is a battle of procedure that takes place in our courts. That is getting to a final result.

If the Supreme Court were to rule in favor of Trump in December 2028, it would not matter that he won. We would have lost.

That would be four years of waiting for a final result.

We watched and are watching this play out in the Second Amendment community. Duncan v. Bonta has been around for almost a decade at this point. It has been through the district court twice, the Ninth Circuit court multiple times, and the Supreme Court at least once.

The case has won at the District and Supreme Court, yet the relief sought by the plaintiff is still out of reach. In March 2025, the Ninth Circuit decided to twist the words of the Supreme Court to find that magazines are not arms and are not protected by the Second Amendment.

The State of California doesn’t care how long this case takes or how much money it costs to litigate. The district court enjoined the law back in 2017-2018. The Ninth stayed the injunction. That stay has remained in effect even now as the case has been remanded to the district court, ordering the district court to rule for the state.

As long as the status of the case leans towards the infringers, they are happy to delay.

To show how real this is, a district judge in New York issued a TRO enjoining the SAFE act (Bruen tantrum law). The state had that appealed within hours, even though a TRO is not appealable. The Second Circuit Stayed the injunction.

It took over a year before the Second Circuit finally ruled against The People and The Constitution, sending it back to the District Court for more litigation before the case can start up the chain to the Supreme Court, again.

Because that stay is in place, most of New York state is a gun free zone.

The left is using the same methods to stop the Trump administration. They do not care if they win or if they lose, as long as it doesn’t happen now.

They go court shopping until they find a court willing to issue a universal injunction, stopping the Article II executive branch.

Once the injunction is in place, they start slow walking things.

The Circuit courts are just as rogue in these locations as the District Courts. They are using the interlocutory state to excuse not staying the injunctions. “Just let it play out in court.”

The leftest Justices on the Supreme Court echo those words, “just let it work its way here through the normal process. There is no reason to rush this.”

This go around, the Trump administration has been ready and has been moving hard and fast. Multiple cases have made it to the Supreme Court, and the Supreme Court has issued opinions favorable to the Trump administration each time.

How are they favorable? In most of the cases, the Justices have ruled to allow the Trump administration to continue as they had intended, while the case works its way through the courts.

This means that the left is on the wrong side of that snail. They are the ones attempting to get the cases through as fast as they can. And it isn’t working for them.

In the few cases where the Justices have not issued a stay, they have chastised the lower courts or scheduled oral hearings quickly.

The case at hand.

A group of people suffering from gender dysphoria have been given medical release from the military. They sued in federal district court, asking for an injunction, which was granted.

This means that the military does not have the power to determine which service members are medical disqualified from serving.

The Supreme Court issued a stay against that injunction for the duration. The stay will remain in effect until the Supreme Court denies cert OR issues a final opinion.

We are winning, the courts are moving at breakneck speed, and it keeps looking good.

The other thing which is happening, is that the lanuguage of the Court is changing, they are getting less and less polite and more and more pointed in their correcting of the inferior courts.

Scared woman worrying to be punctual, with anxiety checking time on watch, running late to work or transport, being in delay, deadline outdoors. Girl tourist running on city street. Town lifestyles.

OMG! They Deported U.S. Citizen Child!

Situational morals at work again.

It is being reported, and I haven’t heard anybody deny it, that two or more U.S. Citizens under 10 were “deported”.

Well, they weren’t actually deported, their mother(s) were deported. Their father may or may not have been deported as well.

This is what happens when an illegal alien is detained, they are given due process to challenge the removal before an immigration judge. If that judge finds that you are in the country illegally, they will sign a removal order.

The illegal alien can appeal that to a higher immigration judge. If they agree, the removal order remains. They can then appeal outside the immigration court system, I don’t know how that works.

These mothers had that due process, there were removal orders issued against them.

Those mothers then had to make a very difficult decision, leave the children who were born in the US here in the US or take them with them.

In one case, the child had a serious medical condition.

In these cases, the mothers opted to take their children with them. Those children remain U.S. Citizens, they can return to the United States at any time. Hopefully, they haven’t become MS13 or TDA members before they do return.

This is what Trump wanted, according to the dog whistle people. He wants to deport people he doesn’t like. He wants to deport U.S. Citizens who he declares are enemies of the state. This is proof.

In other news, an illegal alien mother was deported, choosing to leave her US Citizen children behind. Isn’t it horrible how Trump is choosing to seperate families?

Fort at #4 plus NPCs

The Fort is getting ready for the 2025 season. Allyson is up there for the woman’s weekend. She is incredibly excited.

Why?

Because this will be the first event she has gone to in years when she isn’t presenting/teaching. Her goal? To learn how to make a pie crust.

Like many events, there is an unload time. You are allowed to drive on site to unload your gear, and then you are to get your vehicle off site as soon as you can.

It felt like coming home. We stopped to talk to boss lady, then drove around to the Fort to unload. Bill saw us drive up and waved us inside.

It felt good to be recognized, to be welcomed.

There was “man bonding”, Bill was on his way to fix something, he had a crowbar in hand and made a pretend swing at the windshield. It felt welcoming. As I said, a coming home.

Allyson and I got out of the truck. She started unloading for her stay, I went to help Bill.

We worked as a team. I got to drive the idiot stick for a bit. We were able to move a large, heavy, ramp out of the way, clear up the damage a woodchuck had done, and get an aluminum ramp in place for the weekend.

It was good. It made me happy. The Fort is a home away from home.

The one thing that struck me as humorous was that we were going to use some 2x4s. They needed to be cut to size. Bill was in the jointery first. When I got there, I was expecting him to be using one of the handsaws.

Nope, he had a circular saw, making quick work of the task.

NPCs get new talking points

In the past 20 years of watching congress critters make huge amounts of money with some of the luckiest stock moves, it is refreshing to have some of them talking about limiting insider trading.

And all the normal NPCs are all yapping about wanting to pass a bill to stop themselves from trading individual stocks.

The bill, as pitched by the NPCs, is unlikely to actually accomplish anything, still it makes me smile to see them doing this because they are virtue signaling.

The Sky Should Be Falling!

Just a short follow up. In one day the portfolio I am following recovered about 530%.

That is to say, the reported loss over the last 6 days has gone from 3.58% yesterday to 0.19% today.

Just stay the course and things will get better.

If you are invested in the market, don’t panic. As CBMTTek pointed out, February 2024 the S&P 500 was doing just fine, at the same level. The media wasn’t screaming about the economy tanking.

What is curious is the lack of panic in 2021/22 when the supply chain was in shambles. Ports were not moving products, ships were idling offshore, trains were not getting loaded at ports, etc… and the Secretary of Transportation was at home on maternity leave. Why no panic then?
— CBMTTek

He’s correct. The amount of panic the media projects is tempered by which party is in control.

A 0.001% drop in the market when Trump does something is cause to panic, which causes the sheep to sell, causing the market to drop. A 1.000% drop in the market when a Dem is in office creates a cricket like ambiance. And saying anything makes you a conspiracy theorist.

brown chicken eggs on the background of the eggshell

The Sky Is Falling!

Trump has put multiple tariffs into place. These tariffs cause changes in supply chains and in the costs to produce certain goods.

Every product produced requires raw goods, tooling, work space, and skills to create.

Consider a simple BLT. The raw goods are bacon, bacon, bacon, lettuce, tomato, bread, mayo. Having all of those raw goods does not a BLT make.

You have to have the correct tooling. The tooling here is a way of cooking the bacon, such as a grill top, cutting tomatoes, cutting bread, spreading the mayo.

Once the sandwich is produced, it has to be packaged for delivery. That requires still more raw goods.

When you sell that sandwich, you include the cost of the raw materials that go into it, you include the cost of the packaging, you include the cost of the tools, the building you used, and you include the cost of labor. You then need to include the cost the government imposes on you.

The cost of your raw goods includes the price you pay for the goods, the cost the government imposes on those goods, such as tariffs and VAT, and the cost of transporting the raw goods to your location.

Once you have all those costs, you add profit to come up with the price you will charge your customers.

Now, let’s change the product, instead of creating a sandwich, you are creating a gear. Your raw goods are iron and pattern making materials. You will use your tools to convert pattern making materials into patterns. You will then use those patterns to cast gear blanks. You will then turn those gear blanks into finished gears by applying different tools.

You have converted raw materials, with knowledge, skill and labor, into a finished product, a gear.

That gear is sold at a price which is profitable to you. That gear is likely a raw material for some other business.

Tariffs add to the cost of anything imported into a country that imposes imports. Imports are decided on the origin country or the country of manufacture.

Consider a car that is manufactured in Detroit. If that car includes raw materials that are imported from other countries, those materials that have tariffs applied will cost more.

There are no “complexities” to this. The “PANIC!” people want you to think there are, that’s not true. Every business keeps track of the cost of raw materials. If they don’t know the costs, they can’t set prices. It doesn’t matter if Ford, Canada produces the part or Ford, Flynt creates the part. There is a cost that is paid to have that part in the Ford, Detroit plant to put into a new car.

In a well-functioning business, they are always looking at the cost of raw materials. The cost of raw materials includes the cost of taxes (tariffs) and transportation.

It also includes the cost of bad materials. If you are paying a $1.00 for a widget and there is a 10% failure rate, that means you are paying $1.10 for each working part. If somebody else has the same widget with a cost (price + extra costs) of $1.05 and a failure rate of 0.1% that means they are only scrapping 1 in 1000 widgets.

In this case, it is actually cheaper to buy the “more expensive” widget.

Included in the cost calculations are longer-term issues. If the ball bearings you purchase are not properly heat treated, and you assemble them into a high-precision roller bearing which then fails in a million dollar engine, there is a heck of a lot more costs involved.

We know that people will change their purchasing habits when the cost of needed goods goes up. We saw this when Americans switched from steak to ground beef as their primary meat. Look at the CPI for food, you’ll see that in the past it had steak on it, today it has ground beef.

Because the cost of goods goes up, people will look for better prices. If that search leads to a local business, so much the better.

Unfortunately, local business might not be set up to cope with a large influx of new business. This leads to shortages.

In a market-driven economy, this leads to people consumers offering more or producers charging more. This is called a “signal”.

Because this signal exists, asking for more of that product, producers will attempt to create more product. This could be as simple as turning on an extra machine or as complex as standing up an entirely new production plant.

When this is going on, “the market” will respond. The market responds by buying or selling ownership in different companies. If a company that used to clear $2,000,000 per year is now projected to clear $4,000,000 per year is likely to attract buyers. A company that is seeing their income drop is likely to attract sellers.

This causes market fluctuations.

Over the course of yesterday, the portfolio that I follow was up as much as 1% yet closed down 0.82% Since Trump announced the tariffs, the portfolio has lost 3.53%

On $100,000 that’s a $3,530 loss.

And it is meaningless. That portfolio will go up again.

The people who are screaming the loudest are the people with millions in the stock market. If that are looking at a $10,000,000 portfolio, a 3.53% drop is $353,000 “loss”. That is more than a 1/4 million dollars in just a few days.

But it only becomes a loss if they sell now. If they hold on to those securities and the price recovers or goes up, then they will “make money”. But again, that is only true if they actually sell the security to realize the profits they made.

There is no reason to panic. The sky is not falling. If anything, this might be a good time to look at putting money into the market. The trick is to buy when near the bottom of the sell-off.

The only reason I know this, is I did some research this last week. I am NOT the person you want to take financial advise from.

Young married couple husband and wife sitting at home having problems in their marriage and a cold relationship. A boyfriend and a girlfriend roommates have an argument about spending too much money

Sham Marriage

Immigration law in the United States is garbage. For many years, we did accept immigrants. Americans to be.

We were the melting pot. You came to the United States, proud of your original country, or hating it, then you work to become an American.

The stories of parents demanding that their children only speak English, to become even more American.

If you want to see a group of very proud people, just watch a group of immigrants become citizens. They work hard for that privilege.

But the Democrats had to ruin it. First, JFK signed the Community Mental Health Act. This is the act that closed mental institutions.

Yes, there were things wrong with mental health institutions. On the other hand, there are so many mentally ill people living on the streets.

But Teddy did worse. He pushed the Immigration and Nationality Act of 1965. This law abolished the discriminatory national origins quotas that favored immigrants from Northern and Western Europe.

In other words, he made a person from a third world shithole in Africa just as eligible as an Engineer from Germany. In addition, it pushed family-based immigrant visas.

The fallout from this could be anticipated, and was. Since immigration law favors family connections over what is best for the United States, family connections became much more valuable.

Before the Immigration and Nationality Act, if a couple wanted to come to the United States, both applied for visas and both worked towards becoming Citizens. Both were vetted and the needs of the United States were taken into account.

Afterward, we saw the concept of anchor immigrants. These were people who were admitted to the United States. Once established, they then sponsored other members of their family for visas.

Having a single immigrant become a citizen often leads to their spouse, their children, their parents all being granted visas. If any of those became citizens, they could sponsor even more relatives.

As more and more people applied to become citizens, the wait times started to go up. But there was a shortcut.

There are two methods of creating a family-connection. By birth, or by marriage.

Under current law, marrying a US Citizen will get you a visa, a green card, and a good start towards citizenship.

It became so common that laws were put in place to stop “sham-marriages”.

A sham-marriage is a marriage that exists only for the purpose of becoming a citizen.

How common are these sham-marriage? Common enough, that I knew of a woman who was taken advantage of by a middle eastern man.

But what are the odds of knowing two such women?

Yeah, it turns out that I know another woman that was taken in by a Muslim, once he had his citizenship, he divorced her, tried to take her kid, failed at taking the kids but was now an American Citizen.

Please leave a comment if you know anybody who was taken advantage of or who participated in a sham-marriage. I’m curious.

Legal Case Analysis

Mahmoud Khalil v. William P. Joyce, 25-cv-01935, (S.D.N.Y.)

This is an interesting and challenging case, for me.

This is a Constitutional challenge to Mahmoud being detained and then deported. His claim is that this is a violation of his First and Fifth Amendment protected rights. Because it is a violation of his rights, the court should grant him relief.

Mahmoud is an Arab that claims to be a Palestinian. He entered the United States in December 2022 on a student visa to study for a Master’s degree at Columbia University in New York. He completed that degree in December 2024 and is going to graduate in May 2025. He married in November 2024 and got a green card.

He was granted a green card because he was married to a US citizen. He is still an alien, just not illegal. He has not overstayed his visa, nor is he required to leave when his visa expires.

His lawyer describes his actions in this way:

As a Palestinian, M.K. has felt compelled to be an outspoken advocate for Palestinian human rights and more recently, to speak out against Israel’s genocide in Gaza and the role of Columbia University in financing and in other ways facilitating the genocide. M.K. is committed to being a voice for his People, and calling on the rest of the world to stop providing weapons and support to enable the genocide in contravention with international law.

This describes his actions as speech. Regardless of how reprehensible that speech might be, it is still protected. The First Amendment protects reprehensible speech, not just the words we want to hear. It is easy to believe in “free speech” if the only allowed speech is that which we agree with.

This case is seeking the following relief:

  1. Assume jurisdiction over this matter
  2. Declare that the state violated Mahmoud’s First amendment and Fifth Amendment protected rights
  3. To keep Mahmoud in New York
  4. Release Mahmoud
  5. Pay Mahmoud’s legal fees

Item 3 is mooted because Mahmoud was out of New York before the case was filed. In a later filing they requested that he be returned to New York.

So we look at the Constitutional challenge. One of the things to note is that not all the Constitution applies to everyone. Some apply to Citizens and some apply to “the people”. The rights limited to citizens are called out by the term “citizen”. The rest of the time the founders use the terms “the people”, “person”, and “the accused.”

The Supreme Court has issued many opinions that restrict “The People” to those with a strong connection to the community politic.

With these in mind, it seems clear that Mahmoud is a member of the people. His rights are protected by most of the Constitution.

Is he challenging a federal law prohibiting the free exercise of or abridgment of his speech? Not directly.

Instead, he challenges the law as applied to him, His claim is that he can’t speak while detained and that the threat of detention has a chilling effect on his ability to speak freely.

The state has not justified his detention in court documents — yet. Instead, they are fighting the most relevant parts first. Bluntly, I don’t care if this asshole is deported or rotting in a jail cell. He’s not out there intimidating the people of the United States.

What the state did was they revoked his visa and his green card.

When can a green card be revoked?

5. Security-Related Reasons

Green card holders who engage in activities deemed threatening to U.S. national security can lose their status. This includes involvement in terrorism, espionage, or other activities that undermine the safety of the United States.

Examples of Security Violations

  • Membership in Terrorist Organizations: Being part of or assisting a terrorist group can lead to immediate revocation and deportation.
  • Espionage or Treason: Activities related to spying, intelligence gathering for foreign governments, or attempts to overthrow the government are considered severe violations.

Consequences: In addition to deportation, individuals accused of such activities may face criminal prosecution and significant legal penalties.

How a Green Card Can Be Revoked - Rebecca Black Immigration Law, (last visited Mar. 12, 2025)

What this means is that the state need only prove that Mahmoud was part of or assisting a terrorist group. Hamas is a designated terrorist group.

Conclusion

The left loves to talk about hate speech. They love it because it allows them to justify their violence. Hate speech is always in the eye of the offended.

“Violent” speech is violence, according to the left.

Violence can be countered with violence.

Therefore, you saying something that they disagree with is hate speech, which in turn is violence, which means they can punch you.

In the other direction, any real, physical violence they engage in is “just protests” and is “speech” protected by the Constitution.

They are going to lose this one. I’ve seen to many good filings from this administration to believe they aren’t going to win. Maybe not at the district level with all the rogue inferior judges, but they will win higher up.

Angry stone age caveman in animal pelt with long beard waves his prehistoric club in the air while ranting, 3d illustration render

NPCs and Taxes

One of the great things about following people on X is that you get news faster and from different points of view.

One of the worst things about X is that you get idiot NPC talking points dumped into your feed constantly.

For the last three weeks, every weekend, there is a spat of NPCs telling me that Trump has gone golfing. That he has gone golfing every weekend since he took office. That his golfing has cost some number of millions of dollars. The number is the same across every post.

This week, the talking points included that Trump was golfing while there were fires on Long Island. How can he be so cruel. And he went golfing last weekend during the fires in North and South Carolina.

Last weekend it was about how the fires in the Carolina’s were happening despite the claims of good forest management. Claims that there wasn’t water to fight the fires. While showing the same video of firefighters using water to fight the fires.

The biggest NPC talking point has been on “Tax cuts for Billionaires.” The claim is that Trump is taking money away from veterans, the sick, and the elderly to give to his “billionaire friends”.

If you open the curtain and peek behind it, you find that they are lying.

So let’s do a little numbering.

We are going to look at somebody making $12000/year, $50,000/year, $100,000/year, $500,000/year, and a million dollars per year.

We use a progressive tax rate, so as your income goes up, so does your tax rate.

Income Tax Rate Amount
Paid
$0 10% $0
$11,601 12% $1,160.12
$12,000 12% $1,208.00
$47,151 22% $5,426.22
$50,000 22% $6,053.00
$100,000 22% $17,053.00
$100,526 24% $17,168.74
$191,951 32% $39,110.98
$243,726 35% $55,679.06
$500,000 35% $145,374.64
$609,351 37% $183,647.49
$1,000,000 37% $328,197.62

Somebody with an income of $1,000,000 pays 328 thousand dollars in taxes. If everybody got a 1% tax cut, he would get to keep $3,281 of his money. The person making $50k per year would get to keep $500 of his money. Oh my goodness.

So what are these huge tax cuts that “Trump gave his billionaire friends?” The Trump tax cuts apply to everybody. The NPCs claim that everybody getting tax cuts is not fair because a millionaire gets $3k back, but regular folk only get $500 back. This is so horrible, that they proposed an amendment that would have increased the tax rate of people making more than $999,999.

This would have added another tax bracket. They are literally saying that if we don’t raise the taxes on those making more than $999,999 we are giving a tax cut.

It doesn’t make sense to anybody except NPCs.

This entire talking point also avoids the question of how billionaires make their money.

If I was working a full-time job and pulling in a billion dollars per year, I would be charging $480,769.23/hour.

It isn’t happening. A million dollars per year income is only $480/hour.

Yes, there are some professions that charge at the $500 to $1000 per hour rate, but they are generally not taking it all home. Instead, that hourly rate goes into paying for many people.

What a millionaire does is they make money by investing. Pretend you made $174,000 in 2024. After paying all your bills, you might take home $50 to $75 thousand for fun stuff.

Now, supposed you took that $50k and invested it in a stock, like $TEM in January 2025 at $32/share. If you sold it at the end of February 2025 at $89.44 you would have made a profit of $89k. Not a bad return over the course of a month.

This is a short-term capital gain which gets taxed at your as above, according to your tax bracket. On the other hand, if you hold that stock for a full 12 months and then sell it, you would only get taxed at 15%, not 24%. That is a 9% savings in taxes.

If you were to have a taxable income of over $533k/year, then your rate would be 20% on that $89k, not 37%. That translates to savings of $15,140.

Trump is not talking about cutting the capital gains taxes. He is talking about income tax changes.

Representatives make $174k/year. $TEM was one of the purchases a representative made in February.

This is the same language game that congress critters make every year. “We made cuts to the budget!” translation, “We aren’t going to spend as much as we wanted to. We are only spending $500,000 more, not the $3.3 million more we wanted”

A cut is when the amount spent this year is less than the amount spent last year.


I believe that I managed to lose some of my article. Still, it is just a rant.

Sad middle age woman crying sitting in the night at home

Being a Federal Employee

My mentor was a federal employee. He, and his team, worked odd hours. I would put in my 8 hours as a contractor and then go to his lab and work with him and his team until midnight or later.

Somewhere along the way, people noticed that his team didn’t have set hours and raised a fuss. They complained to the IG that he and his team were mis-reporting their hours.

This led to the IG sending people to investigate.

Now, this was in a secured area. During normal hours, you could just walk in after you should your badge. After hours, you had to sign in and out.

What this meant was that his team had security logs showing when they left for the night. And with a bit of work, they also had the time when people got to work.

After a thorough investigation, they found that yes, the team was misreporting their hours.

They were underreporting by 10 to 15 hours per week.

For me, it didn’t make any difference. I was on salary to the contractor. The time I spent with my mentor, working on projects for the government, were not billable hours. I didn’t care. I learned astonishing things.

Our system administrators were a pair of very sharp ladies. They arrived on time and they left on time. During their 8 hours, they worked constantly. I never felt like they gave less than 100%. When they needed to work late, they did.

Others I worked with were the same way. They gave their 8 hours and left. We got what we were paying for.

Some scientists over worked too.

Then there were the “slackers”. They arrived at work exactly on time. They went to their desks, were seen, then went to the restroom for their morning dump. This lasted anywhere from 30 to 90 minutes.

Subsequently, they went and did a bit of work before it was time for morning break. After the morning break, they had a pee smoke break. Then lunch, then a bit of work, then home, exactly on time.

Total time working, maybe an hour and a half.

A former friend worked for the state government. He was proud of the fact that he got paid for 8 hours of work per day, but on a normal day, he only spent about 2 hours working. The rest of the time he was doing own time projects/stuff.

Now, sometimes people look like they are cheating, but they aren’t really.

We had a group of scientists that looked lazy. They would get to work and sit around talking, reading the paper, for anywhere from 30 minutes to an hour or two. Then they would get busy pouring over results for a couple of hours. Then they would have another long gab session.

After that, they would spend a bit of time putzing with their program before telling the program to “run”.

They would twiddle their thumbs doing nothing until quitting time.

They were incredibly productive. They submitted a run before they left for the day. That would run overnight. If they had the parameters right, the run would complete shortly after they got to work. They would then analyze the results and submit the next run.

On Fridays, they would submit jobs that would run all weekend long. That made Mondays look like they were goofing off for an extended time as they waited for the runs to complete.

Their work was so important that it justified a major computer upgrade. The new computer was 4 times as fast. What used to take them 16 hours of run time now only took 4 hours. They should now be able to get two or three runs per day done.

Nope. With the faster computer, they were able to get more detailed results in the same 16-hour run time. They adjusted to the increased speed by answering more of the question more accurately.

All of this is to say, when I see former federal employees screaming about being fired, my heart gives a little thump of happiness. If they are good or needed, they will be rehired. In the meantime, learn to code. I hear COBOL is a good choice.

State of New York v Trump (Stop DOGING)

Whenever I see a motion for a TRO, Preliminary Injunction or a Stay, the opinion of the court always includes a reference to —How a Green Card Can Be Revoked - Rebecca Black Immigration Law, (last visited Mar. 12, 2025).

These are known as the “Winter Factors”. They must be addressed in order by the court before granting any of the above.

The first factor is the likelihood of success on the merits. Is the person requesting the TRO, PI or Stay going to win the case in the end? If it is more likely than not, then the first factor has been met.

The second factor is the question of the amount and type of harm being done. The key phrase is irreparable harm. In short, this means that the harm cannot be redressed by throwing money at it. All violations of Constitutionally protected rights are considered irreparable harm. You will never again have that opportunity at that moment of time with those people listening back again.

The third factor is the balance of equities. Who will be most harmed whether the motion is granted or not granted. If the motion being granted will force a business to close, while not granting it will impose an eyesore, the balance of equities’ favorers not granting the motion.

The final factor is what is in the best interest of the public. The public has no interest in enforcing unconstitutional laws. This always favors The People. The state will often argue that “keeping the public safe” is the correct scale to use for determining what is in the publics best interests.

The court did not use the Winter Factors.

Injunctive relief “is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.” Sussman v. Crawford, 488 F.3d 136, 139 (2d Cir. 2007) (per curiam) (cleaned up). Plaintiffs seeking a preliminary injunction must show that “(1) they are likely to succeed on the merits; (2) they are likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in their favor; and (4) an injunction is in the public interest.” New York v. U.S. Dep’t of Educ., 477 F. Supp. 3d 279, 293 (S.D.N.Y. 2020). If the federal government is the opposing party, then the latter two factors merge. Id. at 294 (citing Nken v. Holder, 556 U.S. 418, 435 (2009)). Moreover, the establishment of irreparable harm is the “single most important prerequisite for the issuance of a preliminary injunction.” Faiveley Transp. Malmo AB v. Wabtec Corp., 559 F.3d 110, 118 (2d Cir. 2009) (quotation marks and citations omitted).

And this is why she is using the Nken instead of Winter To be able to discount the likelihood of success because of the amount of harm. In other words, instead of having to prove they are likely to win on the merits, the plaintiffs have chosen to prove that they might be horribly harmed if some hypothetical comes true.

Yeah, that doesn’t make much sense to me.

IANAL. My opinion is that the first question to be resolved is if the APA law(s) passed by congress limiting the power of the President are constitutional. If they are not constitutional, then they must be vacated and there is no cause for the case.

Instead, the court assumes the APA overrides the authority granted to the President under the Constitution. She then turns the Winter standard on its head.

Even though the text reads To establish a likelihood of success on the merits, a plaintiff need not show that success is an absolute certainty. It need only make a showing that the probability of … prevailing is better than fifty percent.

The plaintiff bears the burden. Not the defendant. This judge says it is the States that bear the burden.

The gist of this is that the courts are planning to ignore the Constitutional issues as much as possible and instead base their opinions on laws that are unconstitutional.