A federal judge made a wise and brave decision on Friday. She granted a TRO which temporarily prohibits the City of Murrieta from evicting a registrant, who suffers from both medical and financial challenges, from the home of his sister, the only person willing and able to care for him.
This judge’s decision is important because it is the first decision by a federal judge to limit the enforcement of residency restrictions in a California city. It can, and will, set a precedent in other cases both within and outside our state.
Another federal judge is facing an even more important decision on July 27 when she hears oral arguments in the lawsuit challenging the International Megan’s Law (IML). The oral arguments that day will focus upon the government’s Motion to Dismiss the case, which is based upon two procedural grounds – lack of ripeness for the claims and lack of standing for the plaintiffs.
The same two issues – ripeness and standing – were argued before the same judge in March after the plaintiffs in the case requested injunctive relief in order to stop enforcement of the IML. The judge denied that request, in part, because the federal government had not yet determined the appearance or placement of a “conspicuous unique identifier” on the passports of several hundred thousand registrants.
Because the federal government still hasn’t revealed information regarding the passport identifiers, it is easy to jump to the conclusion that the judge will again determine that the case is not ripe and dismiss the case. It also possible, however, that the judge will consider this important issue in its historical context. That is, the United States of America has never added a conspicuous unique identifier to its citizens’ passports and the only countries that have done so are Nazi Germany and Communist Russia. This is not hyperbole. This is the truth.
The judge may or may not render her decision on July 27. Regardless of whether she renders her opinion or the decision she makes, there will be a peaceful protest in the courtyard outside the courthouse. The protest will begin immediately after the oral argument and will include banners, signs and buttons.
The biggest and most important question is whether the protest will include YOU. This protest is a unique opportunity for you and your loved ones to help restore the civil rights of hundreds of thousands of registrants and their families.
This protest is a unique opportunity to Show Up – Stand Up – Speak Up. Please join us in Oakland on July 27.
— Related
On Wednesday, July 20th KABF Radio (public affairs) and It Could Be You Hosted by Arkansas Time After Time aired live an interview with Vicki Henry, president of Women Against Registry, and Janice Bellucci, President of California RSOL to talk about the upcoming International Megan’s Law hearing and peaceful protest in Oakland, California on July 27th.
— Read all Janice’s Journals
” Because the federal government still hasn’t revealed information regarding the passport identifiers, it is easy to jump to the conclusion that the judge will again determine that the case is not ripe and dismiss the case. ”
By the government’s own words, they will have this unique identifier in place by the last quarter of this year.. Two items:
1). if they appear this month and claim they still dont have this identifier figured out–wouldn’t it be reasonable to extend the matter before dismissing it, after all it is inevitable!
2) if that portion of the case is dismissed–would and what be anything left to pursue–there were several issues within the lawsuit
Get Brubaker in this case and WIN.
Fundamental Rights are at issue and have standing deserving the court’s strictest case hearing especially when fundamental rights are concerned.
This case must be allowed to go foward as it can be amended on issues that hi-lite the atrocities this iml entails.
Fundamental Rights are at issue.
I’ll stand with you at this important event, Janice.
Our fight can’t be won if we assume the “other guy” will show up for us. We’ve got to step away from our computer sometimes and get involved in-person.
I hope others who might not normally consider attending events like this in-person would see how important this particular event is and join us, even though it is a sacrifice for us in time and money.
Yes, for many of us, the time and money may be too great. But at least 135 RCs–one in a thousand out of 135,000–should be able to attend.
If not, we should ask ourselves why.
I look forward to seeing you there, fellow RCs!
It was fantastic to watch Janice chew up and spit out the other person who was arguing that the case should be dismissed.
It was shocking for me to witness common sense fly right over the federal judges’ head. Maybe it will “click” before a decision is rendered.