"No doubt the limitations imposed by the Tenth Amendment, like so many limitations imposed by the Constitution, are a source of frustration to those who dream of wielding power in unprecedented ways or to unprecedented degrees. But America was not made for those who dream of power. America was made for those with the power to dream."

That was Judge Milton Hirsch finding that Mayor Gimenez violated the 10th Amendment by ordering people slated for deportation to be jailed (because the city was being threatened by President Trump). As always, Judge Hirsch writes a beautiful order.

The conclusion:

The “people” to whom the Tenth Amendment refers include the native-born as well as the naturalized citizen; the native English speaker as well as the speaker for whom English is a second, or third, language; the scion of old Yankee stock as well as the newcomer who took the oath of citizenship yesterday. Miami is not, and has never been, a sanctuary city. But America is, and has always been, a sanctuary country. As I have written elsewhere, “America, perhaps more than any other nation, was made great not by its leaders but by its people: by the refugees who were called to begin life anew; by the pioneers who were called to build a nation; by ‘the homeless, tempest-tossed’ who were called by the light that shone from the ‘lamp beside the golden door’.” State v. Robaina, 20 Fla. L. Weekly Supp. 406a (Fla. 11th Cir. Ct. 2013) (quoting Emma Lazarus, “The New Colossus”). Of course we must protect our country from the problems associated with unregulated immigration. We must protect our country from a great many things; but from nothing so much as from the loss of our historic rights and liberties.

Ft. Pierce Magistrate position

A tipster has informed me that the 4 finalists for Magistrate in Ft. Pierce are:

Barbara Junge
Lauren Louis
Shaniek Maynard
Corey Steinberg

What do all of these finalists have in common? They all were (or are currently) prosecutors. Junge and Louis are now in private practice.

Supreme Court during the Trump Address last night (UPDATED WITH WILLIE FERRER'S NEW JOB)

UPDATE -- As expected, Willie Ferrer will be going to Holland & Knight.

We are all Elena Kagan pic.twitter.com/BuoljihPVp

— Josh Sternberg (@joshsternberg) March 1, 2017

That's a pretty funny picture.

It probably sums up how the jury feels in the baseball trial before Judge Williams. It's been 4 weeks and it's still going... Looks like it might perk up today though when Chicago White Sox player Jose Abreu testifies. The government is calling him, but he's the defendant (Jose Estrada's) good friend. Should be interesting:

Abreu left Sox camp after Monday's game against the Cubs, and the Sox said only that he had to tend to personal matters in Miami. Sox manager Rick Renteria said Abreu was expected him back at some point Wednesday, but he said he would not plan to use him in Wednesday's game against the Diamondbacks at Camelback Ranch.

Abreu hit the first Sox homer of the spring Monday against the Cubs. He has gone 2-for-5 in two spring games.

"It's something that we were made aware of (ahead of time), and so he has to have this time," Renteria said. "Once he gets back, I'm sure he'll be wanting to get back in the swing of things."

Abreu has declined comment in recent months about the trial, but when Hernandez was indicted last February, he said they had a "respectful relationship." Abreu signed a six-year, $68 million contract with the Sox in 2013 when represented by Praver Shapiro sports agency, which worked with Hernandez and his company, Global Sports Management. But he switched agencies in 2015.

I wonder if Justice Kagan gave that face after this recent exchange:

JUSTICE GINSBURG: Is -- is the -- 924(c) is a statute, it's nothing to do with the guidelines, and it does say sentences have to be consecutive. So I go back to the point I opened with. You are, in effect, asking for a concurrent sentence.

MR. STOLER: Well, just -- just --

JUSTICE GINSBURG: Just adding one day.

MR. STOLER: Well, as Justice Kagan and I discussed, one day is an additional punishment. And one day --

JUSTICE KAGAN: She's Justice Sotomayor.

MR. STOLER: I'm sorry. Wrong end. (Laughter.)

JUSTICE KAGAN: She was the one helping you. (Laughter.)

MR. STOLER: I'm sorry.

JUSTICE SOTOMAYOR: This is the --

JUSTICE KAGAN: I was the one who wasn't. (Laughter.)

MR. STOLER: I got my ends mixed up. I'm sorry.

SCOTUS grants cert on a habeas case from the 11th Circuit

Back in August 2016, the en banc 11th Circuit had 96 pages of opinions in this AEDPA case (Wilson v. Sellers).  I can honestly tell you that I haven't read it.  But some clerks at the Supreme Court did, and granted cert.  I found the cert petition's cover page interesting.  Here's the question presented:

Issue: Whether the court's decision in Harrington v. Richter silently abrogates the presumption set forth in Ylst v. Nunnemaker — that a federal court sitting in habeas proceedings should “look through” a summary state court ruling to review the last reasoned decision — as a slim majority of the en banc U.S. Court of Appeals for the 11th Circuit held in this case, despite the agreement of both parties that the Ylst presumption should continue to apply.

RIP Judge Wapner

We need more judges like him.  For real.  Enjoy: