248 Comments
Dec 9, 2022Liked by Robert Reich

I like the idea of using common sense in government. It's not likely to catch on though.

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Common sense is a vastly underrated commodity.

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There's 'common sense' generally, and then there's Newt's 'common sense'. I only bring him up because he's still around in some power hallway ..

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"Yes, Madeline, You Can Have a Unicorn, L.A. County Tells Girl"

https://www.nytimes.com/2022/12/09/us/unicorn-license-los-angeles.html

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zactly . . .

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Totally agree!

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And how would you suggest the problem of 11 million people be decided? Being a critic is much easier than actually solving a problem.

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Boy, immigration really does rouse trolls, doesn't it?!

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Boy, how would YOU solve the problem of 11 million people?

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Great ideas! Now go make them happen.

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Arguing that one doesn’t want to eject felons first is not only excruciatingly stupid on its face, even by GOP standards, but it is self-contradictory for the party of “they are just sending rapists and drug dealers”.

This is a great illustration of the Dems not even knowing that there is this thing called “controlling the narrative”. It should be all over the news at local, state, and national levels that the GOP doesn’t want the government to deport illegal immigrants who are felons as a too priority.

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Who is talking about felons? Escaping to save one's life is not felony.

If that were so, I'd be a felon too. I escaped from Hungary to Austria illegally in 1956. The West considered us heroes, James Michener even wrote a book about us (Bridge at Andau).

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Prof Reich was talking about felons. I didn't introduce it to the conversation, and I am certain that Reich is not calling out refugees (and neither am I). Not political refugees, or even those escaping poverty or crime. Gvein what we know about Prof Reich, I presume he means people who are here illegally AND have actually committed real felonies after they got here. That assumption underlies my comment.

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Peter, you were heroes as are so many of the people coming to our border to seek asylum. It is the Texans and the Border Patrollers who are the villains. They are arbitrary, racist, misogynistic, and more and are making decisions about people's lives based on that. Shame on them, and on us for permitting it.

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Dec 9, 2022·edited Dec 9, 2022

Watching on a college newspaper AP machine as your heroic revolution developed, Peter, partially shaped my life. The memories have made the counterrevolution of today's Hungary all the more dispiriting

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Yes, I agree with you! Very disappointing indeed. Trading one evil for another. I'm glad I don't live there anymore!

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founding

Remember common sense. We have to start somewhere. This is a parameter set up that can be used.

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Hi Peter,

Steve here. My story exactly.

Went to Austria first, then Germany,than the Atlantic and New Jersey _to Chicago.

Am I am illegal too?

Hell, now I find out at 73!

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You're not illegal in the USA, you went through the immigration process in Austria, before leaving for the USA. But you left Hungary illegally, because Hungary required permission to leave, and you (and I and 200 thousand other Hungarians) entered Austria illegally. But Austria didn't mind, as they were sympathetic to the Hungarian refugees and offered political asylum. But my point is, that we were fleeing Hungary, and did not have official clearance to enter Austria - no passport, no visa, and so on. We just snuck across the border and asked for asylum. That's what the Latin Americans are doing - showing up at our borders without pre-arranged permission to immigrate and asking for asylum - which, by the way, is legal. But crossing the border and then asking for asylum is not legal, and that's what we did, and that's what many Latin Americans are doing too.

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Bennett, you are right about Dem messaging. Dems are not good at it. We let the ignorant among the GOP set all the talking points and the mainstream and other media go along with it. We mostly ignore Texas, just assuming they will do the wrong thing because they usually do. This is a great opportunity for Dems to stand up and call Texas out on its bad behavior toward immigrants, women, LGBTQ persons, and people of color in general. Those Texans in power are not the good guys in the white hats if they ever were.

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It's more complicated.

Here in Baghdad By the Sea, historically Fidel Castro sent us "gusanos," worms, some who were career criminals and other wards of the Cuban state, like mental patients. Some of the medical fraudsters nationally learned the trade here.

Most Cuban refugees, unlike most others, are inchoate Republicans. Apparently there are 245,000 Cuban illegals currently here.

Until the end of the Obama administration, we had a "wet foot -- dry foot" policy and would accept any Cuban who set foot on US soil. Most came by boat. Now most come through Mexico. The number of Cubans crossing into the U.S. by land has drastically increased over the past year, in large part because Cubans are not sent back into Mexico due to Title 42 Covid-19 restrictions like migrants of other nationalities, who are still being pushed back across the border.

Cuba is now agreeing to accept deportees under a deal that will restart visa processing for Cubans seeking to enter the U.S. legally..

As of Friday, about 38 Cubans were in custody at Broward Transitional Center and were told that they would be returned to the island because the Cuban government has agreed to take them back. The Cuban immigrants told the Miami Herald they had work permits and Social Security numbers and made a life in South Florida, often as the sole breadwinners of their families, taking care of children and sick family members. Then last week, they said they received calls from ICE officials saying they had missed appointments and had to come into the office. “We are stuck and desperate, without any answers,” said Carlos Trueba, one of the detainees, who had already spent 18 months in ICE custody in Arizona when he first came to the United States in 2019.

Read more at: https://www.miamiherald.com/news/local/immigration/article267670817.html#storylink=cpy

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Daniel, it seems Cubans have had special privileges as immigrants from more than 60 years , at least the white ones. They, of course have been welcomed into the Republican party since they are white, espouse the same crap the GOP is pumping out and look like other Floridians. Those I have heard interviewed are not particularly enamored with other immigrants coming in these days. They are just not the right sort, as THEY were back in the 1960s and 70s. I find that pretty hypocritical, but that fits IN so nicely with Republicans today no one would notice.

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Worse, but for them, Gore, Kerry, HRC would have been elected. Goes back to false folklore about the fall of Batista and the Bay of Pigs.

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I know so little about that subject. Time to google!

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Again, Daniel, common sense should come to the forefront, If the Cuban immigrant is a law abiding, worker he/she should be welcomed. A good part of the problem is discrimination. Somehow, just being Caucasian isn't enough for white supremacist Americans, they also must speak certain languages, and 'Romance' and 'Asian' languages aren't among them.

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According to Craig Unger in his book "House of Trump, House of Putin", pukin pulled the same stunt on us when he "allowed" 700,000 Russian Jews to immigrate to the United States. He opened wide his jails, sending criminals and members of the "Russian Mafia" to come here, along with all of the good folks. Apparently no one here in the U.S. vetted them? Thus, the Russian Mafia in the U.S. -- major supporter of the Orange Sadist.

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you are so correct that should be it. Bennett you should be Joe's PS wow how simple is that and slams the stupid idea all at once.

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Yes!!! Agree 100%

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Yes, time for another Newsom TikTok

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You were either on the debate team in college or you are currently an advertising executive. Either way I applaud your turn of a phrase!

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Thanks. No, I spent most of my vocational years in software engineering, but I also write and speak on other subjects.

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Well, Robert, you fully understand the role of checks and balances in our society. Republicans have exploited Americans' inherent dislike of authoritative bureaucrats who issue illogical demands that are costly and time consuming to meet. Reagan succeeded in making the country hate the government. So now, an unchecked business world has unbalanced our very democracy. Power corrupts, whether a bureaucrat or a CEO.

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Bruce, your assessment of corruption hitting everyone in power or nearly everyone is, I believe accurate. I think that is the lure of power and why so many want it. Once they have it, they can revert to childhood when they could have whatever they wanted if they were from a rich indulgent family. Getting what you want may not satisfy for a long time, but it gives a jolt of something when it happens. If one has childish tendencies already, things get worse: Musk, Zuckerberg, Bezos, Marjorie Greene, Kierstin Sinema, Mitch McConnell, Kevin McCarthy, and bunches more. They do not see power earned or not as a way to make things better for others, but only for themselves. That is what regulations should be for, to dampen the ardor for self-aggrandizement and acquisition by those in power. That should be the priority of most laws too, to stop crimes but also to be sure those who are doing the stopping are not breaking other laws and doing harm. It's complicated.

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Two thoughts occur to me here: (the 1st courtesy of Will Shakespear ?) 'the law is a ass' & "Rules are made to be broken." Both ideas being fully embodied by anyone of the - right wing repuGlican/autocratic/fascistic ilk, when existing laws and rules are NOT to their liking ~

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I’m glad you were able to prevail.

However, I’d like to scream at the unjust immigration laws that punish people who are forced to come here to escape onerous or even dangerous conditions in their home countries—conditions usually caused or contributed to by the CIA of the good ol’ U. S. of A. It’s terribly difficult to come here legally, anyway, and they’re treated like criminals. They can fear going to the doctor for serious illness or to the police to report a crime because they might get reported. I would even look closely at the immigrants with convictions of felony. Those crimes might have been long ago and they’re rehabilitated, or they could have been wrongly convicted. The U. S. in its zeal to support its greedy corporations that will cruelly exploit the people of those countries or steal their natural resources, will do all it can to unseat good, caring leaders and replace them with despots who serve the Land of So-Called Liberty, the USA. Thousands die in the process.

I want to yell at the bigots who intone about “the illegals” and our “open borders.” They treat immigrants like rats bringing disease and drugs. I wish I could force them to see what’s really going on, with those crying, starving babies and haggard parents. Not to mention those who die of thirst trying to cross the desert. And other ways people die. Guess what: Our borders should be open. Period. Melt ICE like one of those glaciers up north.

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This is the Republicans' biggest issue.

It splits the Democratic Party. Ask any union construction worker how they feel about it.

The antidote to illegal immigration is employer sanctions. It's illegal to hire illegals. Most of the culprits happen to be Republicans. The poster boy waas Donald J. Trump, who was fined by DOL for using illegals on his jobsites. His companies are still probably using them.

Trump also uses workers here on temporary work visas. Next time you visit Mar a Lago check out the help.

I keep asking the media to interview these folks. How did they get here? How does a destitute Cuban guajiro get the fare to fly to Mexico? Africans? Ukrainians?

It's within the realm of possibilities that Republicans sent them here.

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Daniel, you are asking really good questions. Seeing what Abbott and DeSantis have been doing to immigrants I suspect you are right about Republicans putting money into getting people to the border. It divides our people as you say (though it should not), and it gives Republicans something to whine to the press and everyone else about. The Republicans today are not particularly good people and those who hang with them are not either. The days of Dole of KS, Schweiker of PA, and Baker of TN are long gone. Cheating, lying gaslighting, and more are the current weapons of the GOP and they use them effectively because Dems just can't get the messaging right. We need some good investigative reporters on the job and people who can translate what they learn to the average person.

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I am glad to learn about this. It doesn’t lessen my passion on behalf of immigrants one bit. Outwardly, Republicans complain about immigrants in true fascist fashion, and if they hire them it’s because they can exploit them. But please don’t call them “illegals.” It’s a derogatory term.

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It's a legal term. And there are variations on the theme.

BTW I heard 22 kinds of visa cases when I was at DOL. I did not hear deportation cases.

Must distinguish between those who have a legal right to admission because they are political victims.

The vast majority here in Baghdad By the Sea came here on a travel or a work visa and stayed, Many of them work on someone else's Social Security number, work "under the table" undermining our tax base.

The person that the Republicans most want to get -- Alejandro Mayorkas -- is himself a "Juban."

Republican Cubans have benefited from immigration policies available to few other groups is not questioned by immigration experts. Not only were they allowed into the U.S. without question for most of the early decades of the Cuban Revolution, they were — and continue to be — eligible for benefits such as food stamps and supplemental Social Security income.

It doesn't take a rocket scientist to know that some order is necessary. Obama and now Biden deported a lot of people. I agree that immigrants should be entitled to due process, and that families should remain intact. But there is no funding for it. Most illegals come through our checkpoints.

If they want to make me king, I could straighten this out in a few days.

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I don’t know what a “Juban” is. But I do not resent anybody coming here for a decent life. I am for such a person getting benefits. Having some “order” doesn’t mean we have to be cruel. I know Obama and Biden have been big deporters, and I absolutely hate the heartlessness of it. It’s murderous. People are often sent back where they know they’ll be killed. And so on. I’d rather my tax money were spent to help such people than see it spent in our endless unjust wars.

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Jew-ban. There is abject discrimination within the Cuban exile community.

Under Democratic administrations, REFUGEES are NEVER sent back where they know they’ll be killed. Refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion. Has to be proven. By law, a migrant is someone who chooses to move, and a refugee is someone who has been forced from their home. A refugee is someone who: Is located outside of the United States. Is of special humanitarian concern to the United States. Demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group.

https://www.uscis.gov/humanitarian/refugees-asylum

There is one political party that believes on completely open borders, the Libertarian Party. However they do not have a moral basis. They crave cheap labor to undermine unions. They don't believe in any governmental benefits.

We have programs where sponsors can support immigrants under certain circumstances.

We just reinstated a program that unifies Cuban families, for example.

Most of the deportees have criminal records. https://www.usa.gov/deportation

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I have heard too many times of mindless persecution of undocumented immigrants. It should be legal to come here, but immigrants (probably refugees under your definition) too often are forced back even when they want to request asylum and can claim their lives are in danger.

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Daniel, my very limited understanding of immigration law is that most "illegals" are not criminals at all, but have committed a civil violation of the law by being here without permission of the government. Am I correct? Most people I know believe these people have committed a criminal felony, and should be deported for being a "criminal".

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2 categories, those who were criminals where they came from and those who commit crimes after they've been here. The two main categories of crimes that can put you at risk of being deported are aggravated felonies and crimes involving moral turpitude. The Immigration and Nationality Act also enumerates certain crimes that serve as independent grounds of deportation, even if they are not classified in one of those two categories. https://www.justia.com/immigration/deportation-removal/criminal-grounds-for-deportation/#:~:text=The%20two%20main%20categories%20of,one%20of%20those%20two%20categories.

Here are the stats for 2019. I don't have current stats. https://www.ice.gov/sites/default/files/documents/Document/2019/eroReportFY2019.pdf

Not MOST, but ENOUGH. What crimes are eligible? https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/12/21/what-crimes-are-eligible-for-deportation

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Carol, I agree that ICE should be "melted." They are disruptive, evil, abusive, and never should have been instituted in the first place. That is just one of the gifts given to this nation by Bush, Jr., a completely incompetent fool the Supreme Court gave us. The media covered him and his cronies as though they were heroes after 9/11 but they were not. They were covering up their own incompetence for not even trying to stop 9/11 despite the warnings. They got us into 2 wars, led us to a near depression, gave us the Department of Homeland Security (an insane waste of money), and with that, ICE. That is just part of what has been done to us. The Supreme Court was warped right and we still live with it since they are lifetime appointments. Our priorities as a nation are off. We have allowed corporations to kill and disrupt in our name, then condemn people to live under those abusers. We need to clean that up before we worry about which immigrants to kick out.

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Bush eliminated the agency formerly known as INS, Immigration and Naturalization Service. Killed the Board of Immigration Appeals. Politicized positions. Got caught giving preference to say churchy Regent University School of Law over traditional law schools. Religious tests.

But this goes way back. We had a "wetback" program, the largest deportation program in US history, deporting mostly Mexicans under Eisenhower. https://immigrationhistory.org/item/operation-wetback/

An agreement of 1947 [between Mexico and the U.S.. contained a novel provision which established amnesty through deportation. Under its terms, undocumented Mexicans who were sent back across the border could return to the U.S. as temporary contract laborers; during the life of their contracts, they could not be again deported. In practice, employers often called Border Patrol stations to report their own undocumented employees, who were returned, momentarily, to border cities in Mexico, where they signed labor contracts with the same employers who had denounced them. This process became known as "drying out wetbacks" or "storm and drag immigration." "Drying out" provided a deportation-proof source of cheap seasonal labor...

Dick J. Reavis, Without Documents, New York, 1978, p. 39.

https://www.youtube.com/watch?v=2tQhM_QoGDg

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& Woody Guthrie commemorated the plane carrying 28 "deportees" (actually braceros, as well as 4 Americans) that crashed in Los Gatos Canyon in 29 Jan 48! killing all aboard. That was a long effing time ago--and nowhere near enough has changed.

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Dec 9, 2022Liked by Robert Reich

Well, duh! As much as we need the rule of law, if we do not bring wisdom, perspective, flexibility and most of all, our full humanity, to enforcing the law, the law rules us in an authoritarian way, rather than serves us in our efforts to live together justly and harmoniously. Then the government, as enforcer, shoots itself in the foot and deserves the disrespect that comes with that unfortunate stupidity.

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Noorillah ; I agree, flexibility is a sign of mental health.

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“We’ll,duh!” Was my initial reaction, too. If “common sense” meant meant what you say in your second sentence, I’d support using it. But, that’s not what it means. It’s so vague as to be meaningless.

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Time to re-read Tom Paine to relieve our collective pain.

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Dec 9, 2022·edited Dec 9, 2022Liked by Robert Reich

Than you Professor Reich for an excellent piece. Your analogy is spot on. The sad thing is what fuels Texas is not the common good but the hatred of foreigners masked behind “following the law” to justify expressing it. We will see whether our courts see though this charade.

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Dec 9, 2022Liked by Robert Reich

Brilliant analogy. So much gratitude for your heart Robert.

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I fear this runs deeper than political games. The message Texas sends here is clear to me: their harsh new abortion law will also be prosecuted broadly, strictly, and without reasonable exceptions. A fascist government cannot succeed without every citizen equally fearing punishment.

As a prosecutor I made daily charging decisions and did not file every crime of technicality. In addition to limited resources, we declined cases lacking prosecutorial merit in order to avoid pissing off the juries and protect the integrity of the office. We were taught to use discretion with our power.

The age old question is whether God is a merciful ruler or whether all sins are truly equal. Texas would apparently fall into the latter category and I am daily growing more concerned. #UnderHisEye

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Michon, I think we need to look at Texas leadership as a whole, at least the Republican ones, who are the only ones that matter right now. They are white supremacists, conservatives (of course), xenophobes, homo/transphobes, and above all, racists and misogynists. Knowing that, no laws they pass will serve the majority of people of Texas. They will serve the rich white, straight, male pseudo-Christian ones as much as possible. They really don't care what anyone else thinks because no one has even tried seriously to stop their unamerican behavior. It is almost as though everyone is scared of Texas. They are a member of the Confederacy and I don't think ever recovered from that. If tax money were withheld until they stopped deporting immigrants to other states, a lot of it would stop. They are getting billions to help them with immigrants yet they whine and complain as though poor little Texas is being treated so badly. We learn over and over that whining among Republicans works well at getting laws changed in their favor. That is nuts! They are a weight dragging everyone else down and their people seem OK with it. OMG!

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Not disagreeing, my comment is about precedent though. They are playing a long game. Lawsuits are designed to set new precedent, this Court is now in the position to decide an issue that can start an avalanche of new discourse on individual prosecutorial discretion which will be applied nationally, not just in Texas. (Reminds me of mandatory sentencing guidelines).

What sort of ruling is Texas hoping to get and what is the ultimate goal here? My view- Immigration is not the actual issue. The lawsuit also sends a consistent message to the public that we should not tolerate any foreign illegals regardless of their circumstance. Again, there’s no place for compassion or discretion in this new regime.

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Also a question of priorities. The costs of prosecuting violent felonies and misdemeanors like spitting on the sidewalk are about the same.

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Bravo! A great story, illustrating the value of common sense and common decency, which in fact are not nearly as common as they should be. Now let's see the same qualities applied to our penal system and stop locking up people, often for long times, for marijuana possession instead of people who commit real and serious offences, e.g. plotting insurrection against the government.

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Oh, Adam! really well said! The light sentences given to the insurrectionists are an embarrassment when we have young people thrown into prison for small amounts of drugs or simple assault when those guys tried to take over our government, injured nearly 150 officers, and did a lot of damage. Kids are given more jail time for graffiti.

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It’s off topic in this thread but don’t you think if they were trying to stop a fraudulent Trump victory they would have been all charged with treason and hung?

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In both cases, the primary goal was to embarrass the government, not enforce the law. Would judges not understand this?

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William, ?Trump-appointed judges will not understand anything beyond giving Republicans whatever they want even if it is against our Constitution. They are pretty good at it and they are in office for life. Hay and the Supreme Court will go along with them. That's why the Republican members of the court were appointed.

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It’s good to know that little Tommy got his job back. At least some people make sense. My God! Have we always been this insane or is it that trump has brought out the insanity? We have lost our moral compass! Common sense, come to think of it, was never common. I guess this situation points up our need for leadership. Providing a positive role model is important for adults as well as children. Either I am becoming more off balance or our country is coming unglued. Our glue was never superglue. The states rights klan is weakening our joints even further. If we thought our national coalition was weak then I submit the seems are no longer holding. If the right succeeds in fracturing our society any further then we may breakup into infighting so severe that we cannot govern this nation effectively. We are nearly there now. We should have neutered Newt. Kicked Kantor and racked Ronnie.

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Stephen, we have not always been so obtuse. Most of the time when laws are reasonable as this one for the kids of Georgia and beyond was, it really helps. Those who need a cause, a simple one because they can't understand complex ones, will go after Tommy the Bat Boy. It gets them a lot of attention and again, makes the government look weak. The whiners in this case never even considered what a benefit the law was for the exploited kids who would then have a chance to study and rest to improve their learning. That would make the government look smart and caring which it was. They would rather make it look weak and ineffective. Every time we see laws challenged or proposed for that matter, we should be looking at the people involved, who would be helped, who would be hurt, who wants the law and why and who proposed it. That information should be put out there for all to see before anything is done. People can then see who has a special interest and what they will gain from it and how the broader community will or will not benefit. A whole lot of people do not want that kind of scrutiny.

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I love your last sentence. I definitely agree.

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Perfect response! Thanks, Professor!!

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As the saying goes, common sense isn't that common anymore. But it's also jerks in Texas trying to score political points at the expense of the Biden admin just to try to get back at Biden.

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Beautiful story Robert. I applaud your excellent judgment and use of your power and influence to make things go right. The fact that you looked at the actual intentions, whether there was harm or no harm done, greatest good, etc....shows your sensitivity to the details and to what is actually important in making decisions, applying or not applying laws, and so on. You were definitely in the right place to make a difference and continue to contribute your insight and good judgement to the world. We are fortunate to have someone with such a high level of sensitivity and awareness in our lives.

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Denise, wouldn't it be great if more of that careful consideration were part of more decision-making? Dr. Reich cared about the kid involved more than the fear of an exception. Exceptions are made all the time e.g., rich people are rarely jailed for committing the same crimes as poor folks.

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Yes. It would. True.

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Whatever you do? Do not run for president!

You might get elected. Imagine if we started setting national and international priorities! We might actually do something instead of laurching from emergency to emergency! Lol

Then again Congress would never go along. They would always be something that got Trumped up?

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As happens too often these days, this lawsuit by Texas is disingenuous. Greg Abbott wants to outdo Ron DeSantis so he has a chance at the Republican nomination when you know who flames out or (please, please) goes to jail. I suspect that Texas is like my home state of California. If they ever actually deported all undocumented people, the state would collapse. But, of couse, Trumpists who live outside the Southwest don't see that, so this bovine excrement plays well with them.

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