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The Fifth U.S. Circuit Court of Appeals granted a U.S. administration request staying the effect of a lower court ruling, giving the government the $3.6 billion in U.S. Defense Department funds to build a border wall. This money goes towards the goal of building 500 miles of the wall by the end of 2020. In a 2-1 decision the court majority cited a Supreme Court order from July 2019 that gave the Trump administration the go ahead to use military funds for border wall construction.

The $3.6 billion is part of a $6.7 billion plan of spending under an emergency declaration by president Trump on grounds of border security. So far 100 miles of border wall have replaced flimsier construction barriers that existed. The government now needs to convince private land owners along large stretches of the border along the Rio Grande and other areas to give up their land for the wall. 

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Gerlad Seib points out that one should look less at what president Trump accomplished in the first 100 days and more at how he operated and learned during this initial period. This is certainly true because much of what happened in the first 100 days contradicts some of the tone that Trump setup during the campaign. When it comes to governing Trump has made an effort to learn and adapt and show resilience in the face of early setbacks on the travel ban and the health care bill, the Flynn episode. After this early period Trump took on a more disciplined approach, gave more room to and listened to more respected advisors- Tillerson on foreign affairs in shaping policy with Russia leading to Tillerson's presence at Lucca massacre memorial in Italy sending a clear signal about U.S. policies in line with its role in the past century in world affairs, Gary Cohn and Ross on economic policy and seeking Cohn's advice on tax plan, Ross's on NAFTA negotiations with Mexico. As a result the NAFTA fears were calmed down with statements by Wilbur Ross, the Commerce Secretary, that the goal was a win-win relationship with Mexico. Trump worked with his party in Congress to have the Supreme Court nomination of Gorsuch approved. Meetings with Merkel of Germany and Jinping of China were carefully planned and new relationships established as Seib points out, without ruffling trade relations. The appointment of Robert Lighthizer, as Trade Representative, also shows that efforts to give the U.S. a more level playing field in trade will be resolutely pursued in the win-win context. Lyrarc has profiled Lighthizer earlier in this decade after his op-eds in the media as he correctly anticipated the changing public mood on the need for fairness in trade relations. On relations with China and South Korea, Jim Mattis has taken the lead, and Pence's visit to South Korea also show deftness in handling what is one of the most difficult issues in foreign affairs. Mattis and Tillerson also have helped reinforce the Republican party policies on NATO and Europe, with the visit of NATO secretary general Stoltenberg to the White House. In the end it is how much you can learn in the first year, how much you listen, and the courage to act in difficult situations, the willingness to act contrary to one's instincts and self interest where necessary, that matters. This is especially true in an environment where as Seib points out the Democratic Party stands opposed to the Trump administration following a bitter election campaign.   ...

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Peggy Noonan reflects on the deep changes taking place in America. Behind the changes is a strong feeling in the middle and working class that it has been ignored by the establishment in both parties. She points to Citizens United and says it is bad for the Republican Party, encouraging large donors and hedge fund billionaires, making the party less accountable to ordinary people. The Clinton's fundraising also raises similar questions. Trade policies depressing wages have worked against the working class, yet espoused by politicians of both parties. The young supporting Sanders, she says have seen little to show capitalism is working for them. Institutions such as Congress, the presidency, the political class, the Supreme Court, the media, are all in an uncertain position, as voters lose faith in the ability of these institutions to work for them. Yet she points out that it is important that the U.S. voters choose wisely- keeping in mind the importance of electing someone who can demonstrate goodness and a sound mind- not obscuring the questions about Trump. Uncouth language, uncouth behaviours reflect sense and sensibilities, it matters a lot, Peggy Noonan tells the Republican Party and America....

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In extensive ranging comments Justice Ruth Bader Ginsberg describes her positions on Supreme Court cases to Adam Liptak of the NYT. She hopes the next president after this one will be a fine one and is not perturbed by liberals who would like to see her leave so that another liberal could be appointed in her place. Ginsberg is 80 years, but says she works with her trainer twice a week, and works just as hard as in previous terms. She loves her work and will go on as long as she is able to do it. Her work leading the liberal opinion of Justices on the bench shows a senior justice in command of the issues. She has a framed copy of the Lilly Ledbetter Fair Pay Act of 2009 on a wall and sees it as a response by Congress to her dissent in Ledbetter v. Goodyear Tire Rubber Company. That 2007 ruling said Title VII of the Civil Rights Act of 1964 imposes strict limits for workplace discrimination suits. She sees the present Congress as too timid to take up more issues related to affirmative action and the Voting Rights Act. On the court's decision for the Voting Rights Act Ginsberg said in her dissent "It is like throwing away your umbrella after a rainstorm because you don't need it." Her views on Roe vs. Wade are that the law was too sweeping in making abortion rights constitutional and could have taken a different approach of striking down the law in Texas....

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A small group of founders of the Pay Pal company Sacks, Thiel and Musk  are only a small fraction of the larger tech universe that includes Apple, Google and Amazon and other technology companies in many industries including auto, aerospace, chips, other manufacturing,  possibly no more than 10--20%. They are now enabled by US Supreme Court decisions to allow business supported PAC's to operate freely to influence political events in 2024 for promoting their own business interests.  The influence operates through social media channels in ways that limit verifying of information because of the speed with which information can be posted on the internet. This has created new challenges for 2024 and the American system of representative government enshrined in the words in the preamble of the Constitution about  "We the People" - "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." ...

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Ruth Bader Ginsburg offers some advice to young people- In a marraige she says it helps sometimes to be a bit tone deaf. To ignore that remark someone made or comment which if reacted to would only make one feel worse. Who knows it was not meant that way, and maybe did not reflect the whole way that person felt, or even was transitory, This advice she got from her mother in law. Another piece of advice was from her father in law, to stop worrying and find a way to manage, find a way to do it, for something you want to do but are not sure you can. Something she learned from her colleagues in the court including Justice Scalia, was to get over it, not to spend time thinking about comments that are made or some things that happen in the course of one's daily life that one thinks shouldn't have happened.

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Supporting a 5-4 decision to strike down a Arizona public financing law for election campaigns were Justices Roberts, Scalia, Kennedy, Thomas and Alito.

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The background of Elena Kagan at Harvard Law School and her manner of navigating the internal politics of Harvard and dealing with the University head at the time, Obama economic advisor Lawrence Summers. The picture of an intensely motivated person who put in long hours to build rapport with Harvard Law faculty in her position as Dean of the Law School.

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Ruth Igielnik of the NYT says judicial elections in Wisconsin have always been non partisan. The politicization is recent since 2011. In 1990 there was little correlation between court picks and partisan races, today the correlation is almost exactly, as she shows on a graph. State Supreme Court election results in Wisconsin and US presidential election results have become increasingly correlated from 0.3 in 1990 to 0.95 in 2023.

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The Roberts Supreme Court's liberal leaning tendency with swing Justice Anthony Kennedy in 2014-2015. Bravin describes the tendency of the Robert's court to stay with the status quo. Restraint and stability appear to be strong preferences for Justices Kennedy and Roberts as seen in the ruling on the Affordable Care Act, and in the ruling on the Environmental Protection Agency. The four liberal Justices on the court, Kagan, Sotomayor, Breyer, and Ginsburg voted consistently together in 2015.

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George Will points to the most important aspect of Scalia's legacy, that of putting down court opinions mostly in the minority, that could shape decisions by the court in the future. He says Scalia has provided a new generation of students of the law with the basis of future interpretations of the constitution, including chapters of the Federalist Society.