Several cases have come up recently that are foreshadowing what’s to come for a return to the constitution. First I believe it was yesterday a case was heard by the Supremes dealing with the burdens in a discrimination case. I don’t recall the case name but it was a case asserting that the Civil Rights Act of 1964 applies equally to majorities and minorities. In 1973 the Supremes decided McDonald Douglas v Green and stated that to make out a prima facie case of discrimination you had to show that there was an opening and you applied and you were qualified and you were rejected and they kept looking for other people for the job.

Subsequently lower courts have invented a further requirement if you’re white or straight etc., in the majority, that you had to provide more evidence to require the defendant to proffer the reason you were rejected. This case challenges that requirement that majority candidates have to prove more than minority candidates under the law. The Supremes with the possible exception of KBJ during the argument basically said there is nothing in the statute that would even remotely require different standards depending on your status.

And yesterday I believe that Chief Justice Roberts stopped a judge who required that the Trump administration disburse $2 billion dollars in ’aide’ by midnight last night. It appears that even Roberts is becoming fed up with district court judges trying to insert their opinions for how the president should run the executive branch. They have no business or authority to do that and I predict that when these cases get to the Supremes that they will seriously restrict the power of district court judges. And also as I have said previously, Congress has the authority to limit the jurisdiction of district courts and Senator Mike Lee is introducing legislation to do that.

And now just tonight some Clinton judge in California issued an injunction to prevent OPM from firing probationary employees saying that there is no where in law that gives OPM to fire employees in other departments. The problem for this idiot is that OPM didn’t fire anyone outside OPM. It advised that each agency evaluate these employees and fire who they decide to. Just ignore this decision and tell this idiot that OPM didn’t fire them, their agencies did and they have absolute authority to do so for any or no reason. In the probationary period you are an employee at will.