• MEDIA: Citizen may challenge employer over preference for noncitizens

    From John D Groenveld@21:1/5 to All on Thu Jul 25 10:44:29 2024
    Dan Eaton for the San Diego Union-Tribune on whether Donald Trump
    will nominate Bill Barr to succeed Merrick Garland at Justice.GOV
    and Eugene Scalia to succeed Julie Su at DoL.GOV, whether they
    believe legacy American proles should be a protected class under
    America's anti-freedom of association laws and regulations and
    whether John Thune (or Rick Scott) will consent: <URL:https://www.sandiegouniontribune.com/2024/07/15/citizen-may-challenge-employer-over-preference-for-noncitizens/>
    | VanDyke continued: "Rajaram does not allege that he has not been
    | treated as well as a citizen, but only that he has not been treated
    | as well as a noncitizen. On this reading of the text, therefore, the
    | disadvantage that he alleges is not one that the statute addresses."
    |
    | The New Orleans-based Fifth Circuit reached the same conclusion as
    | VanDyke in a 1986 ruling: "Discrimination against whites is racial
    | discrimination, but (in America) discrimination against Americans
    | can never be discrimination based on alienage. It can only be
    | discrimination based on national origin," which is not prohibited by
    | section 1981.
    |
    | The conflict between circuit courts and a vigorous dissent in this
    | case increase the odds the U.S. Supreme Court will step in. Section
    | 1981 should not mean one thing in San Diego and another in New
    | Orleans.

    Will Trump use his bully pulpit to twist Mike Johnson and Thune to
    make legacy American proles a protected class and how much does Amy
    Swonger believe it will cost?
    John
    groenveld@acm.org
    --
    "You're going to want to read this quote I got from a former Trump
    staffer on how his White House used pressure campaigns to silence *conservative* opponents to Trump's soft-on-crime policies: "the WH
    would target their donors, freeze access to the WH or outside
    fundraising" - Pedro Gonzalez <URL:https://x.com/emeriticus/status/1641191106430791680>

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