Sigh. I Think We Saw This Coming, But Here It Is:

Transgender women athletes banned from female Olympic events by new IOC policy

By  GRAHAM DUNBARUpdated 2:25 PM CDT, March 26, 2026

GENEVA (AP) — Transgender women athletes are now excluded from women’s events at the Olympics after the IOC agreed to a new eligibility policy on Thursday which aligns with U.S. President Donald Trump’s executive order on sports ahead of the 2028 Los Angeles Games.

“Eligibility for any female category event at the Olympic Games or any other IOC event, including individual and team sports, is now limited to biological females,” the International Olympic Committee said, to be determined by a mandatory gene test once in an athlete’s career.

It is unclear how many, if any, transgender women are competing at an Olympic level. No woman who transitioned from being born male competed at the 2024 Paris Summer Games, though weightlifter Laurel Hubbard did at the Tokyo Olympics in 2021 without winning a medal.

The eligibility policy that will apply from the L.A. Olympics in July 2028 “protects fairness, safety and integrity in the female category,” the IOC said.

“It is not retroactive and does not apply to any grassroots or recreational sports programs,” said the IOC, whose Olympic Charter states that access to play sport is a human right.

After an executive board meeting, the IOC published a 10-page policy document that also restricts female athletes such as two-time Olympic champion runner Caster Semenya with medical conditions known as differences in sex development, or DSD.

“We know that this topic is sensitive,” IOC President Kirsty Coventry said in an online news conference to explain the policy.

Coventry and the IOC have wanted a clear policy instead of continuing to advise sports’ governing bodies who previously have drafted their own rules.

“At the Olympic Games, even the smallest margins can be the difference between victory and defeat,” Coventry, a two-time Olympic gold medalist in swimming, said in a statement. “So, it is absolutely clear that it would not be fair for biological males to compete in the female category.”

She set up a review of “protecting the female category” as one of her first big decisions last June as the first woman to lead the Olympic body in its 132-year history.

Female eligibility was a strong theme in a seven-candidate IOC election last year — held after a furor around women’s boxing in Paris — when Coventry’s main rivals pledged a stronger policy to leading on the issue.

“This was a priority for me way before President Trump came into his second term,” Coventry said. “There’s not been any pressure (on) us to deliver anything from anybody outside of the Olympic Movement.”

Before the 2024 Paris Olympics, three top-tier sports — track and field, swimming and cycling — excluded transgender women who had been through male puberty. Semenya, who was assigned female at birth in South Africa and has testosterone levels higher than the typical female range, won a European Court of Human Rights judgment in her years-long legal challenge to track and field’s rules which did not overturn them. (snip-there is more, sort of pleading for understanding, but go see the rest of it if you like)

The expert group agreed the current gene test is “the most accurate and least intrusive method currently available.” The saliva, cheek swab or blood sample screens for “the SRY gene, a segment of DNA typically found on the Y chromosome that initiates male sex development in utero and indicates the presence of testes/testicles.”

Still, the mandatory gender screening — already conducted by the governing bodies of track and field, skiing and boxing — is likely to be criticized by human rights experts and activist groups.

Athlete appeal to CAS?

The IOC policy can — and likely will — be challenged at the Court of Arbitration for Sport in the Olympic body’s Swiss home city Lausanne, perhaps by an athlete acting alone.

Track athletes Dutee Chand of India and Semenya challenged previous versions of their sport’s eligibility rules at the court.

Any potential appeal would examine science underpinning IOC research which was not published Thursday. A case could occupy much of the near-28 months until the L.A. Olympics open.

“As we know in today’s world,” Coventry said, “any and all rules and regulations at any point in time could always be challenged.” (snip)

The White House welcomed the IOC’s decision, describing it as the result of the executive order.

“The IOC aligning their policy with President Trump’s executive order ahead of the 2028 LA Games is common sense and long overdue,” White House spokesman Davis Ingle said in a statement.

Banned Books

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Read on blog or Reader

Today they banned my book. It was not the first. It won’t be the last. Here’s what I want you to know

.By thebloggess on March 25, 2026
This is not what I wanted to write. I wanted to write about how I’m about to go on book tour for my new book in a few days. Instead I am writing about the fact that I was just informed that my first book Let’s Pretend This Never Happened was banned from the high school library of a nearby town I love and visit often.

Honestly, I’m not that upset about my book being banned. I’ve had so many letters from young people who felt they’d been helped by my books but it does have some profanity and so I can understand the reasoning even if I disagree with it. What I am upset about is the stories about how New Braunfels ISD has pulled more that 1,500 books from their school library shelves after the Texas’ Republican-backed book banning law (senate bill 13) passed. The bill ordered all public school libraries to review books for “profane” and “indecent” content and I guess Let’s Pretend This Never Happened was deemed too dangerous for high schoolers.

Weirdly, my book was not on the original list of the 1,500 books triggered for review on March 13 but a week ago it was added to the New Braunfels ISD website as being removed for being “non-compliant”. (I’ve been called worse.) I guess 1,500 books weren’t enough. But then, it’s never enough for book banners.This is going to happen more and more. It used to be a rarer thing…almost a badge of courage to have a book banned. Now? It’s everywhere…this war against books and ideas and people. Reading is how you fall in love with people different from you, and how you develop compassion for them…because if you love them, you want to protect them. But there are some people who don’t want you to love others. They need you to fear them.

Books save lives. They have saved mine. Books are safety nets for so many of us, and right now those nets are being cut.The list of banned books is incredible in length and includes so many that I adore. Equally upsetting is the fact that so many classics that shaped me have been pulled from the shelves and placed into restricted sections where they can only be accessed by students enrolled in Advanced Placement Literature, because God forbid a normal high school student would want to read the works of dangerous writers like *checks the list* Jane Austen and Emily Brontë (whose name they misspelled).

Sometimes it feels like we’re living in A Brave New World (restricted) and that the book burning of Fahrenheit 451 (restricted) is closer than ever, with no Sense and Sensibility (restricted) about what this will cost. It feels like we’re going through The Crucible (restricted) and are caught in a Catch-22 (restricted) where we can’t convince people how terrible it is to ban books because they either don’t know the power of books or they absolutely know it and fear it. It’s An Absolutely Remarkable Thing (banned) how book banners go out on some kind of A Discovery of Witches (banned) and fight against Acceptance (banned) and of diversity, while we are losing All The Beauty in the World (banned). America is a Beautiful Country (banned) in so many ways, but we will lose so much of that beauty if we don’t make Changes (banned) to cherish and embrace and grow what makes us Educated (banned) and compassionate. The diversity of voices is necessary…it is a reflection of who we are and who we want to be. A plethora of ideas and voices and experiences…This Is What America Looks Like (banned). We can’t just pretend that Everything’s Fine (banned) and that this is just an overreaction of Anxious People (banned). Do you think this is what the founding fathers like Alexander Hamilton (banned) envisioned? I’m going to stop here because I’m sure you can see that this dumb paragraph is WAY TOO EASY TO WRITE because there are so many books they have issues with and you probably get the picture already but y’all….Jane Eyre? The Color Purple? The Odyssey? Crime and Punishment?? THIS IS WHAT WE’RE SAVING TEENAGERS FROM?

So what can you do? You can buy books that are being targeted, especially those written by the LGBTQ+ authors or authors of color because they are being targeted the most. Supporting those authors tells publishing to keep producing those books because they are needed. Publishers will lose money if libraries become afraid to purchase books and so we need to make sure that they know the audience is there and greedy for diverse voices. Get a library card and start checking out those books and more, to prove to the government that libraries need funding and that people care about reading. Read to your children. Read in front of your children. Talk online about the books that you love so that your passion ignites others. If you’re a parent you can get involved with your school to make sure this doesn’t happen in your school and you can protest it if it happens. You can vote out the people who seem to be obsessed with freedom, but mainly when it’s their freedom to take away yours and your children’s. You can run against school board members who are book banners and show up at the meetings. You can keep updated by following organizations like PEN AMERICA, or the Texas Freedom to Read Project or Authors Against Book Bans.

*deep breath*

This is probably filled with typos and is not really the sort of thing that I should be writing the day before I leave to start my book tour but it’s important. When books and thoughts and people are suppressed, we all lose. Keep fighting the good fight, friends. It’s worth it.


Comment

Snips And Bits



(Just under an hour, so more than a snip or a bit, but it’s not only necessary, it’s fascinating. Or else I’m just that big a geek.)




How Angela Davis Predicted The Modern Face Of Fascism in 1971

Fifty years prior to rumors of fascism circling President Trump, activist and philosopher Angela Davis made a spooky prediction about dictatorship in the U.S.

By Phenix S Halley

President Donald Trump’s administration continues to stand on shaky ground amid bombshell resignations and rumors of a dictatorship brewing. But in the midst of these unprecedented times, one Black political activist’s warning could offer a shocking reality for Americans… even if the message came 55 years earlier.

Trump’s return to the White House was met with fierce criticism from leaders like former Vice President Kamala Harris and his own former chief of staff, John Kelly, who explicitly declared that Trump fits “into the general definition of fascist.” But while terms like “fascist” and “dictator” have found a comfortable place in American politics today, activists like Angela Davis were among the loudest opponents of fascism nearly six decades ago.

By the 1970s, the Cold War against the Soviet Union revamped fears of a possible fascist regime in the States– notably from many Black Panthers. While awaiting trial for murder, Davis spoke with filmmaker Peter Davis about the likelihood that America would be ruled by a dictator.

“We are closer to fascism than we’ve ever been before,” Davis said from a California prison in 1971. But while the political activist stopped short of declaring fascism had officially made its mark in the U.S. then, her scary prediction has arguably taken a new light in 2026. (SNIP-click the title to read the rest; it’s not at all long)


Florida Voters Did It!

Democrats flip seat in Florida state house in district that includes Trump’s Mar-a-Lago

Emily Gregory defeats Republican Jon Maples in district that is home to US president’s Palm Beach estate

Democrats managed to flip a seat in the Florida state house in the district that is home to Donald Trump’s Mar-a-Lago.

Emily Gregory, a Democrat, defeated Republican Jon Maples, who had an endorsement from the US president, in the special election in Florida’s 87th state house district. The Associated Press called the race on Tuesday evening, with Gregory, a public health expert and small business owner, leading by more than 2 percentage points.

The Republican who previously held the seat had won by 19 percentage points in 2024.

Trump voted in the race via mail-in ballot, despite criticizing the practice as “mail-in cheating” during an event in Tennessee this week. The president has long attacked voting by mail, describing it as a scam and arguing it creates fraud in elections. He still opted to vote by mail in the race although he was recently in Palm Beach, where early in-person voting was under way until Sunday.

The president had urged voters to back Maples, a financial adviser who describes himself as an “America-First patriot”. Maples had faced scrutiny in recent weeks over allegations that he did not live in the district in which he was running, claims that he denied.

Democrats have said that Gregory’s win shows voters frustrated over rising costs are moving away from Trump and the Republican party.

“Mar-a-Lago just flipped red to blue, which should have Republicans sweating the midterms,” Heather Williams, the president of the Democratic Legislative Campaign Committee, said on social media. “A Trump +11 district in his own backyard shouldn’t be in play for Democrats, but tonight proves Republicans are vulnerable everywhere.”

State Democrats have flipped 29 districts since Trump’s election, Williams said.

314 Action, a political committee that works to get Democratic scientists elected to office, had endorsed Gregory and praised her win, writing in a statement that “a Stem wave is coming”.

“Emily won because Floridians trust her to make decisions based on evidence not ideology,” said Shaughnessy Naughton, the group’s president. “She’s bringing science back to the state house and heading to the [state] capitol on a mission to lower costs, restore healthcare and bring down the temperature in Tallahassee.”

Peace & Justice History On Elton John’s Birthday

March 25, 1807
Great Britain abolished international trade in slaves. Emancipation of slaves in the country, however, did not occur until 1834, and persisted as unpaid apprenticeship for the technically emancipated for years after that.
The story of abolition in England 
March 25, 1872
Toronto printers went on strike for a 9-hour workday and a 54-hour workweek—the first major strike in Canada. When the editor of the Globe newspaper had thirteen of them arrested, 10,000 turned out to support them. Later that year unions were made legal in Canada.
March 25, 1894
In the midst of a depression that had begun the previous year, a millionaire businessman from Massillon, Ohio, Jacob Coxey, organized a march of an “industrial army” from Ohio to Washington, D.C. Congress had done little in response to the economic crisis and Coxey advocated a range of solutions, many considered radical at the time, such as building roads and other public works (known as infrastructure today).


Coxey’s Army passing through Mayland on their way to Washington.
Coxey is seated behind the horses looking at the camera.
“Coxey’s Army” gathered on the Capitol lawn but they were driven off and Coxey was arrested for trespassing when he tried to deliver his address to the crowd in violation of their first amendment rights “peacably to assemble, and to petition the Government for redress of grievances.”
March 25, 1911
The Triangle Shirt Waist Company, occupying the top floors of a ten-story building on New York’s lower east side, was consumed by fire.

147 people, mostly immigrant women and young girls working in sweatshop conditions, lost their lives.
Approximately 50 died as they leapt from windows to the street; the others were burned or trampled to death, desperately trying to escape via stairway exits illegally locked to prevent “ the interruption of work.”Company owners were charged with seven counts of manslaughter—but were found not guilty.The incident was a turning point in labor law, especially concerning health and safety. For three days prior, the company, along with other warehouse owners, had grouped together to fight the Fire Commissioner’s order that fire sprinklers be installed.


Protests in the wake of the Triangle Shirtwaist fire, button from the struggle
Comprehensive collection of materials on the tragedy from Cornell University’s labor school 
March 25, 1915
The Sisterhood of International Peace was founded in Melbourne, Australia, by Eleanor May Moore and Dr. Charles Strong.
March 25, 1965
Their numbers having swelled to 25,000, the Selma-to-Montgomery marchers arrived at the Alabama state capitol.Organized by the Southern Christian Leadership Conference (SCLC) and the Student Nonviolent Coordinating Committee (SNCC), the march was to bring attention to the denial of voting rights to black Americans in the state and elsewhere in the south. Twice the people had been turned back, denied the right to leave Selma peacefully.

Martin Luther King Jr. and wife Coretta lead march into Montgomery, Alabama.
Dr. King spoke to the crowd: “Yes, we are on the move and no wave of racism can stop us. (Yes, sir) We are on the move now. The burning of our churches will not deter us. (Yes, sir) The bombing of our homes will not dissuade us. (Yes, sir) We are on the move now. (Yes, sir) The beating and killing of our clergymen and young people will not divert us. We are on the move now.”
The Federal Voting Rights Act was passed within two months.

The Selma to Montgomery National Historic Trail 
March 25, 1965

Viola Liuzzo
Viola Gregg Liuzzo, a housewife and mother from Detroit, driving marchers back to Selma from Montgomery, was shot and killed by Ku Klux Klansmen from a passing car. She had driven down to Alabama to join the march after seeing on television the Bloody Sunday attacks at Selma’s Edmund Pettus Bridge earlier in the month. It was later learned that riding with the Klansmen was an FBI informant, Gary Rowe.
More about Viola Liuzzo
Viola Gregg Liuzzo
March 25, 1967
Reverend Martin Luther King, Jr. led an anti-war march for the first time in Chicago, opposing the Vietnam War by saying:
“Our arrogance can be our doom. It can bring the curtains down on our national drama . . . Ultimately, a great nation is a compassionate nation The bombs in Vietnam explode at home—they destroy the dream and possibility for a decent America . . . .”


Reverend King addresses rally at the end of the Chicago march
photo: Jo Freeman
March 25, 1969
The newly wed John Lennon and Yoko Ono-Lennon began their seven-day “bed-in for peace” against the Vietnam War in the presidential suite of the the Amsterdam Hilton in The Netherlands. Their doors were open to the media from 10am to 10pm. They invited all to think about and talk about creating peace.
“Yoko and I are quite willing to be the world’s clowns, if by so doing it will do some good”.
 
The Wedding and “Ballad of John and Yoko” 
March 25, 1972
30,000 participated in the Children’s March for Survival in Washington, D.C., sponsored by the National Welfare Rights Organization. They were supporting the Family Assistance Program, then pending in Congress (but never passed), which guaranteed a minimum income level for all families.
March 25, 1990
A new community, Segundo Montes, was started by campesinos in El Salvador who had lived for nine years as exiles in Honduras following the El Mozote Massacre, when 1000 civilians were killed by the U.S.-trained Salvadoran military. The town was named after a priest who had helped them in the Colomoncagua refugee camp on the border, and who was murdered along with four other Jesuit priests by the Salvadoran military.

From My DPA Email, Info On Anti-Execution Hunger Striking in Iran

113th Week of the “No to Execution Tuesdays” Campaign in 56 Prisons Across Iran

March 24, 2026

Political prisoners in 56 different prisons across the country continued their hunger strike in the 113th week of the “No to Execution Tuesdays” campaign. Members of this campaign, while condemning the widespread and arbitrary executions, particularly the execution of several protesters on the eve of Nowruz, called these actions an attempt by the regime to instill fear and terror in society. The striking prisoners, warning about the dire conditions of the prisons and the risk of execution for recent detainees in the shadow of communication blackouts, called upon the international community and human rights organizations to increase pressure on the Iranian regime to halt these sentences and secure the release of political prisoners.

Please find the full text of the statement by the “No to Execution Tuesdays” campaign below:

Continuation of the “No to Execution Tuesdays” Campaign in its 113th Week in 56 Different Prisons

The “No to Execution Tuesdays” campaign congratulates the general public of Iran, and especially the families of those who lost their lives in the Dey [January] 1404 uprising and all the executed individuals of the past year who were massacred by the despotic and repressive “Velayat-e Faqih” regime, on the occasion of Eid al-Fitr and Nowruz 1405. We express our utmost thanks and appreciation to all individuals, teachers’ trade syndicates, retirees, workers, and families of those sentenced to death, as well as independent media and all those who served as the voice for death row inmates, and we hope that the year 1405 will be the year of Iran’s freedom—an Iran without torture and executions.

The execution regime has hanged over 2,650 of our compatriots in various parts of the country over the past year. Cruelly, on the eve of Nowruz, it executed three brave youths named Mehdi Ghasemi, Saeed Davoudi, and Saleh Mohammadi, who had been arrested during the Dey [January] protests, in Qom, and hanged another prisoner named Kourosh Keyvani on charges of espionage in Karaj Central Prison.

We, the members of the “No to Execution Tuesdays” campaign, while condemning the arbitrary and brutal executions carried out with the aim of creating fear and terror in society, call upon the United Nations, various countries, and human rights organizations to exert pressure on the Iranian regime so that the minimum rights of prisoners are respected. This is particularly crucial for those prisoners who have been arrested in recent months and are enduring torture in the midst of media silence and internet blackouts, facing the risk of death sentences; we also demand the release of political prisoners. Especially under the conditions of bombardments, the lives of prisoners are exposed to a double threat, and many prisoners are suffering from a lack of food and medical care. In the past week, dozens of prisoners in Chabahar Prison were killed and wounded by prison guards due to their protests against the lack of food supplies.

It should be noted that over the past two weeks, the statement of this campaign (Weeks 111 and 112) was not published due to communication blackouts.

The “No to Execution Tuesdays” campaign in its 113th week is on hunger strike in the following 56 prisons:

Evin Prison (Women’s and Men’s Wards), Ghezel Hesar Prison (Units 2, 3, and 4), Karaj Central Prison, Karaj Fardis Prison, Greater Tehran Prison, Qarchak Prison, Khorin Prison of Varamin, Choubindar Prison of Qazvin, Ahar Prison, Arak Prison, Langarud Prison of Qom, Khorramabad Prison, Borujerd Prison, Yasuj Prison, Asadabad Prison of Isfahan, Dastgerd Prison of Isfahan, Sheiban Prison of Ahvaz, Sepidar Prison of Ahvaz (Women’s and Men’s Wards), Nezam Prison of Shiraz, Adelabad Prison of Shiraz (Women’s and Men’s Wards), Firuzabad Prison of Fars, Dehdasht Prison, Zahedan Prison (Women’s and Men’s Wards), Borazjan Prison, Ramhormoz Prison, Behbahan Prison, Bam Prison, Yazd Prison (Women’s and Men’s Wards), Kahnuj Prison, Tabas Prison, Birjand Central Prison, Mashhad Prison, Gorgan Prison, Sabzevar Prison, Gonbad-e Kavus Prison, Qaemshahr Prison, Rasht Prison (Men’s and Women’s Wards), Rudsar Prison, Haviq Prison of Talesh, Azbaram Prison of Lahijan, Dizelabad Prison of Kermanshah, Ardabil Prison, Tabriz Prison, Urmia Prison, Salmas Prison, Khoy Prison, Naqadeh Prison, Miandoab Prison, Mahabad Prison, Bukan Prison, Saqqez Prison, Baneh Prison, Marivan Prison, Sanandaj Prison, Kamyaran Prison, and Ilam Prison.

Week 113

Tuesday, 4 Farvardin 1404

#No_to_Execution_Tuesdays_Campaign

A Letter From God

Well, a video, anyway.

Tuesday Mix

Mewling About Mueller

Prez POS strikes again

Clay Jones


https://www.gocomics.com/heathcliff/2026/03/23




Josh Johnson

Josh Johnson11 hours agoProbably my most requested topic ever. Do your thing for the algo so everyone knows new set will be live premiering Tuesday at 9pm eastern Friends ❤️




Josh Johnson
7 hours agoH i Friends, good news! I am hosting ‪@TheDailyShow‬ this week Tuesday – Thursday. Do your thing for the algo so more people see it. Guests this week are Sterling K. Brown, Mero, and Eiza González. March 24-26 on Comedy Central and Paramount


Toons And Stuff


School Bus Stranger Danger

Parents, do you know who your children are sitting next to?

Clay Jones


Trump celebrates Robert Mueller’s death

Melania, you must be very proud.

Ann Telnaes


The French General had it right

A French General told Drumpf to go EFF HIMSELF

Frosty McGillicuddy

The French general did the right thing

“Fuckez-you!” he did happily sing

“Vous est a dicque

Et vous makez me sicque!

Mange a bite of my low-hanging thingue!”


“The only thing we really have to work at in this life is how to manifest love.”

George Harrison

Joyce Vance Takes Us Into

The Week Ahead

March 22, 2026

Joyce Vance

On Monday, March 23, 2026, the Supreme Court will hear oral argument in Watson v. Republican National Committee. It’s one of, if not the most important, cases in front of the Court this term.

Conservatives have long maintained that federal laws that refer to an election “day” trump state laws that permit mail-in ballots to count, even if they are received later, so long as they are postmarked by election day. They rely on provisions like 2 U.S.C. § 7 that provide that “The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States.” Mississippi is one of the states that allows ballots cast and postmarked by election day but received by election officials shortly thereafter to count.

Mississippi is, oddly enough, defending its law, which allows a five-day grace period for ballots to arrive, against the attack from the Republican Party. The district court ruled in the state’s favor, holding that the election “day” established by Congress was intended to prevent elections from spanning several days, which would be cumbersome to administer and could result in undue influence from early results. The Judge held that allowing time for the Post Office to deliver ballots postmarked by Election Day does not implicate those concerns.

The Fifth U.S. Circuit Court of Appeals reversed. They held that Congress established an election “day,” and all ballots must be cast and received then. They relied on the Constitution’s Elections Clause, Article I, Section 4, Clause 1. It reads: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.” The appellate court reasoned that a ballot is “cast” when the state “takes custody of it.” Five judges dissented from the en banc decision.

In defending its position, the state argues that federal law only requires that voters cast their ballots by Election Day; it does not require that election officials receive them that same day. The National Council for State Legislatures, a nonpartisan organization, reports that “Mississippi is one of 16 states, plus Guam, Puerto Rico, the Virgin Islands and Washington, D.C., that currently accept and count mailed ballots from any voter received after Election Day but postmarked on or before (sometimes only before) Election Day.” In addition, 29 states, including Mississippi, accept ballots from military and overseas voters sent before or on Election Day but received after, under certain circumstances.” Members of the military who are stationed away from their homes are among those whose ballots take advantage of the safe harbor.

Then on Tuesday, the Court takes up Noem v. Al Otro Lado, where the issue is whether the government can systematically turn back asylum seekers before they arrive at the border and make their asylum requests. Immigrants can request asylum when they arrive at or are physically present in the U.S. That request triggers asylum proceedings. In 2017, the Trump administration began using CBP officers to turn away immigrants who did not have valid travel documents before they reached the border and could apply for asylum.

When the case made its way to the Ninth Circuit Court of Appeals, the court rejected the government’s efforts to circumvent asylum proceedings. The three-judge panel held that people who were turned away from entering the country before they could present themselves to apply for asylum had “arrived in” the country once officials, on either side of that border, made contact with them. The full court declined the government’s request to reconsider that decision en banc; there was a 12-judge dissent from that denial of en banc, arguing for 126 pages that U.S. law could not be applied outside of the United States and that “aliens in Mexico” were not in the U.S.

The Solicitor General has asked the Supreme Court to adopt the dissent’s view. He also relies on a case called Sale v. Haitian Centers Council, where the Court ruled 27 years ago that Haitian refugees trying to reach the U.S. were not protected by immigration law when they were intercepted at sea before reaching the U.S. The Court held that the President had the power to deploy the Coast Guard to repatriate “undocumented aliens” intercepted on the high seas.

The case is in an unusual posture because DHS has discontinued “metering,” as the practice of intercepting asylum seekers before they reach the U.S. border with Mexico is called, during the Biden administration. But the Solicitor General is arguing that the government “seeks to retain the option of reviving the practice” if it is needed in the future, a rare move by the Trump administration to ask for permission first. The rule the government is advocating for could lead to desperate scrambles to cross the border in dangerous conditions by people who would otherwise be denied their lawful right to seek asylum. On Tuesday, we’ll learn how many votes there are on the Court to permit that.

Other developments to watch for this week include:

  • A hearing on Anthropic’s request for a preliminary injunction, in its lawsuit against the Department of Defense’s sudden rejection of the AI company when it drew a red line prohibiting the use of its models for fully autonomous weapons or domestic mass surveillance. We discussed the lawsuit when it was filed.
  • Following a delay from last week, former Venezuelan president Maduro and his wife, Cilia Flores, are expected in court on Thursday in the Southern District of New York. As we discussed a week ago, prosecutors say Maduro is not the legitimate leader of Venezuela and hasn’t been considered by the U.S. to be so for several years, and therefore may not use Venezuelan government monies to fund their defense. Maduro and Flores’ lawyers argue that the laws and traditions of the country permit it.
  • Friday, federal district Judge J.P. Boulee will hold a hearing in Atlanta in the election records seizure case. We discussed that here last week, when he set the date.
  • Also on Friday, legal papers are due for Epstein survivors’ proposed settlement with Bank of America. Reuters reports that “Lawyers for both sides are scheduled to submit legal papers about the ⁠settlement by March 27, and the judge scheduled a court hearing for April 2 to consider approving the deal.”

It’s going to be a busy week.

We’re in this together,

Joyce