Dec.25

electoral-vote.com

Dem 47

   

GOP 53

You Win Some, You Lose Some

Practically everything Donald Trump does ends up in court. Mutliple times a week, rulings on these cases come down. Yesterday, we had an item about the Supreme Court telling Trump, "No you can't send the National Guard to Chicago just because you want to." But the lower courts are active, too. Here are three recent rulings:

1. Win: H-1B Visas: On Tuesday, D.C. U.S. District Judge Beryl Howell, a Barack Obama appointee, ruled that Trump can increase the fee companies have to pay to get an H-1B visa for a foreign worker to $100,000 if he so desires. She said that falls within the powers Congress has granted the president. She didn't rule on whether the fee was a good idea or a bad idea, just that Congress had delegated setting the fee to the president.
   
   When Trump raised the fee from about $3,000 to $100,000 per employee, several companies sued. They were used to hiring highly skilled workers from India and China who were prepared to work for much less than Americans would accept in order to get permission to live and work in the U.S. This ruling actually helps high-end American workers in tech, health care, finance, and other fields from losing their jobs to cheaper foreign workers.
   
   Ironically (but typically), Trump's decision to raise the visa fee to $100,000 will probably hurt his base. It is hard to get American doctors to work in rural hospitals in the middle of nowhere, with no amenities around. However, many young Indian doctors are willing to do this for a time just to get into the U.S. The same holds for Filipinos in nursing and other professions. If that supply dries up, some rural hospitals may be forced to close for lack of personnel, hurting Trump's base. He couldn't care less.
   
   
2. Loss: Blue-State Funding: In a fit of pique, Trump decided to arbitrarily withhold funding from states that refused to cooperate with ICE in rounding up immigrants. The funds withheld were for planning for natural disasters, terrorist attacks and other emergencies. Hundreds of millions of dollars were withheld. What Trump did was knock off the millions place in the numbers, so, for example, $10,500,000 became $500,000 for targeted states. These were all blue states, naturally, and they went to court claiming that there is no legal basis for denying payments mandated by Congress just because state policy does not align with federal policy.
   
   On Monday, Judge Mary McElroy, a Trump appointee, ruled that the allocation of emergency funds is set by a formula in a law Congress passed and the president has no authority to change the allocation on his own. He must comply with the formula in the law. She wrote: "Defendants' wanton abuse of their role in federal grant administration is particularly troublesome given the fact that they have been entrusted with a most solemn duty: safeguarding our nation and its citizens." She ordered the grants restored. DHS plans to appeal.
   
   
3. Loss: NY Driver's Licenses: New York State gives driver's licenses to people who pass both the written test on traffic laws and the driving test. It does not ask for proof that the person is in the country legally, only that the person can drive safely. The so-called "Green Light Law" says that drivers without a Social Security number can use other forms of identification, including foreign passports and driver's licenses. The Trump administration feels that it should also demand proof that the driver is legally in the country and sued.
   
   On Tuesday, U.S. District Judge Anne Nardacci, a Joe Biden appointee for the northern district of New York, ruled that Trump had failed to prove that New York State law usurps federal law and thus must be subservient to it. Federal law does not address the issue of who can get a driver's license, so the supremacy clause is not relevant.

It seems hardly a day goes by without some judge ruling on some case caused by a decision made by the administration. (V)