Border Security and Environmental Protection on a Collision Course

MoonHowler

In a remarkably candid letter to members of Congress, Homeland Security Secretary Janet Napolitano said her department could have to delay pursuits of illegal immigrants while waiting for horses to be brought in so agents don’t trample protected lands, and warns that illegal immigrants will increasingly make use of remote, protected areas to avoid being caught.

The above quote from the Washington Times makes one take note. In fact, Rep. Rob Bishop (R-Utah) has been crusading to shore up the gaps between DHS border control and environmental rules coming from the Dept. of the Interior. He confirms his displeasure over border initiatives to install towers associated with the virtual fence being denied because of wilderness designation.

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Supreme Court refuses to hear Redskins’ naming case

MoonHowler

 

 The Supreme Court  has refused to hear a case brought by Native American activists regarding the use of the trademark name Redskins for the Washington-based football team. This case involved a long running dispute over the name that is several decades old. The activists claim:

“[T]he Washington Redskins’ team name is so offensive that it does not deserve trademark protection.”

The decison, which happened without comments, lets stand the lower court decision that the complaintants let the case go too long before bringing suit. The Washington Redskins have been named as such since 1937 when the name was changed from the Boston Braves, when the team moved south.

According to the Washington Post:

The lawsuit was filed in 1992, when seven activists challenged a Redskins trademark issued in 1967. They won seven years later in a decision by the Trademark Trial and Appeal Board, which said the name could be interpreted as offensive to Native Americans. The case is Harjo v. Pro-Football, Inc.

Trademark law prohibits registration of a name that “may disparage . . . persons, living or dead, . . . or bring them into contempt, or disrepute.”

The team appealed to federal court.

Judges at the district and circuit levels said the activists’ trademark cancellation claim was barred by the doctrine of laches, which serves as a defense against claims that should have been made long ago.

The activists argued that disparaging trademarks can be challenged at any time, citing a decision from the U.S. Court of Appeals for the 3rd Circuit. The decision was written by then-judgeSamuel A. Alito Jr., who now sits on the Supreme Court.

Apparently the rest of the world disagrees with the activists. There will always be someone who doesn’t like a team name or mascot. This seems like a frivolous lawsuit to me, especially when a team name is held in high esteem.

Janet Napolitano Calls for Immigration Overhaul

MoonHowler

Secretary of Homeland Security Janet Napolitano has called for an overhaul of US immigration policy early next year. The move is expected to rekindle the immigration flames, which could be problematic in an election year.

Additionally, opponents and conservative media is billing any reform initiative as giving illegal immigrants amnesty. The Huffington Post quotes Napolitano:

Ms. Napolitano said the immigration landscape has changed sharply since 2007, when attempts at a comprehensive overhaul failed because many members of Congress lacked confidence in the government’s ability to enforce existing laws, she said. Immigration overhauls backed by the Bush administration and some congressional leaders from both parties foundered in part because critics portrayed them as rewarding illegal immigrants with “amnesty” for violating U.S. law.

Since then, government statistics show a 23% drop in the number of illegal immigrants caught trying to enter the U.S. in the past year, and a 67% decline since 2000, a trend Ms. Napolitano attributed to the weak economy and stronger enforcement. The government has also stepped up efforts to audit employers’ compliance with immigration laws, she said.

“These are major differences that should change the immigration conversation,” said Ms. Napolitano. Without congressional action, “what I fear is we will see another wave of illegal immigration” when the economy improves, she said. “When Congress is ready to act, we will be ready to support them.”

The Washington Times, a conservative newspaper, puts a different spin on Secretary Napolitano’s words:

Declaring success in border security and immigration enforcement, Department of Homeland Security Secretary Janet Napolitano said Friday that the federal government has done its work and now it’s time for Congress to pass a broad bill to legalize illegal immigrants.

Her speech signals President Obama will make good on his promise to push Congress to pass an immigration bill next year – adding yet another hot-button issue to an already long and contentious list.

Ms. Napolitano said members of Congress and voters who balked at an immigration bill two years ago, fearing a repeat of the 1986 amnesty that only made the problem worse, can be assured this time is different. She said in those two years, the flow of illegal immigrants across the border has dropped dramatically and the government is doing more to catch fugitive aliens inside the U.S.

I have tried for several days to find a direct quote that sounds like what Ms. Napolitano was quoted as saying in the Washington Times. I have not been able to find it. It sounds incendiary to me and quite a stretch from what actually was said.

Here is the link to what DHS Secretary Napolitano did say. It is too lengthy to post here.