The Dissent's Warning

The Dissent's Warning

PART I

Following "Operation At Large," a federal district court in Los Angeles issued a temporary injunction to stop the government's immigration enforcement raids. The court's order was based on its finding of a "mountain of evidence" that armed agents were making "detentive stops" without the required reasonable suspicion. The court found that agents were relying on a problematic combination of factors, including:

* Apparent race or ethnicity.

* Speaking Spanish or English with an accent.

* The type of location (e.g., car washes, bus stops).

* The type of work the person appeared to be doing (e.g., day labor).

The district court ruled that using these factors alone likely violates the Fourth Amendment, which protects against unreasonable searches and seizures. The government appealed this injunction, arguing it was an overly broad "straitjacket" on their ability to enforce immigration laws.

This legal battle continued, with the U.S. Supreme Court ultimately siding with the government. In a 6-3 decision, the Supreme Court lifted the temporary injunction, allowing the government to resume its "roving patrols" and sweeps. The majority opinion argued that the factors cited by the lower court could, when considered as part of the "totality of the circumstances," contribute to a finding of reasonable suspicion. The three dissenting justices, however, wrote that the ruling effectively greenlit racial profiling and allowed for the seizure of people based on their looks, accents, and manual labor jobs.

The case has been controversial, with opponents arguing that the government's tactics have swept up and harmed U.S. citizens and others lawfully in the country.

PART II

Here is a more expanded explanation of the key arguments and reasoning.

Fourth Amendment and Reasonable Suspicion:

The core legal dispute centers on the Fourth Amendment's requirement of "reasonable suspicion" for a non-consensual stop or seizure. The document argues that the government's actions violated this principle by relying on a set of factors that are not sufficiently "particularized" to any single person.

* The "Hunch" vs. "Articulable Facts" Standard: 

The dissent contrasts the government's approach with the legal standard established in cases like Terry v. Ohio (392 U.S. 1). A lawful stop requires "specific articulable facts" that lead a reasonable officer to suspect a person is involved in criminal activity. The government, however, used broad generalizations—a person's appearance, language, and work location—as a substitute for this required specificity. The dissent characterizes this as an "inchoate and unparticularized suspicion or 'hunch,'" which is constitutionally insufficient.

* The "Large Category of Innocent People" Problem: 

A central theme of the legal reasoning is that a profiling system that ensnares a vast number of law-abiding citizens is inherently unconstitutional. The dissent highlights that the factors used by agents—being "Latino," speaking "Spanish," working at a "car wash"—apply to a huge portion of the Los Angeles population, including millions of U.S. citizens and legal residents. This lack of a particularized basis for suspicion is seen as a direct violation of the principles laid out in Reid v. Georgia and United States v. Brignoni-Ponce. The argument is that if these factors alone were sufficient, the government could justify seizing almost anyone in a major metropolitan area with a large Latino population, which would undermine the fundamental purpose of the Fourth Amendment to prevent "arbitrary and oppressive interference" with personal liberty.

Standing for Injunctive Relief:

The debate over legal "standing" is a critical procedural barrier the plaintiffs had to overcome. Standing requires a plaintiff to show a personal stake in the outcome, which includes a likelihood of future harm.

* Distinguishing the Lyons Precedent: 

The document's reasoning for why the plaintiffs have standing hinges on a key distinction from Los Angeles v. Lyons. In Lyons, the Court found no standing because the future harm was speculative—the plaintiff would have to be pulled over again and an officer would have to illegally apply a chokehold, an action not officially sanctioned by the department. In contrast, the Los Angeles plaintiffs faced a "real and immediate threat" because the raids were a systematic, officially sanctioned operation. The government itself had declared its intent to continue these raids on the same types of locations where the plaintiffs were working. The dissent argues that this pattern of conduct makes future harm not just possible, but "likely."

* The "Fantasy" of Individualized Exemption: 

The reasoning for the district-wide injunction is directly tied to the nature of the government's conduct. The court found that agents "seize first and ask questions later," often using force before even a single question is posed. Given this pattern, it would be a "fantasy" to expect agents to pause a raid to check if an individual is one of the named plaintiffs. Therefore, a broad injunction was deemed the only effective way to prevent the illegal seizures from continuing against the specific plaintiffs and the class they represent. This reasoning is an application of the "complete relief" principle outlined in cases like Trump v. CASA, Inc., justifying a broader injunction when a narrower one would be ineffective.

From Tariffs to Handouts

From Tariffs to Handouts: Saving Soybeans with a Side of Socialism.

Remember when Trump’s tariffs were gonna "Make America Great Again"? Well, here’s the plot twist: the same administration that slapped tariffs on soybeans now has to subsidize those very farmers to keep them afloat. That’s right—America First, unless it means bailing out American farmers, in which case, hello, government handouts.

So, how big will this bailout be? Half a billion? A billion? It’s like watching an old-school bait-and-switch. First, the government punishes farmers with tariffs, then swoops in with taxpayer cash to fix the mess they created. If this isn’t the perfect example of hypocrisy, I don’t know what is.

Here’s the kicker: Trump’s team spent years railing against “big government” and “socialism,” only to turn around and create a new kind of socialism—one where the government intervenes to save the very people harmed by their own policies. It’s almost poetic how they went from “free-market capitalism” to full-on welfare for the well-connected.

“Democracy is winning in the courts.”

This is a summary of an article by Amber Phillips in The Washington Post.

This is the link to the article on Facebook: Amber Phillips' article in The Washington Post.

In the past week, democracy advocates have scored significant wins against President Trump’s authoritarian moves in the courts. Key victories include:

1. Military Use in LA: A judge ruled Trump violated the law by using troops for police-like duties during protests, citing the Posse Comitatus Act.

2. Utah Gerrymandering: A judge ordered the redraw of Utah's gerrymandered congressional maps, which could give Democrats a new seat, showing that gerrymandering overreach can backfire.

3. Mail-In Voting in Pennsylvania: A court ruled that Pennsylvania can’t discard ballots with minor date errors, protecting voters’ rights and striking down a law deemed unconstitutional.

4. Lawsuit Against Judges in Maryland: A judge dismissed Trump’s attempt to sue federal judges in Maryland over deportation cases, calling it dangerous to democracy.

5. D.C. Arrests: In Washington D.C., judges and jurors are pushing back against the Trump administration’s handling of arrests, calling out illegal searches and mistreatment.

These rulings are part of a broader trend where the judicial system is standing up to Trump’s efforts to expand executive power, although the future remains uncertain, especially if the cases reach the Supreme Court.

On a lonely Sunday night, I wrote a theme for one of my favorite songs by Peter Gabriel: The link to the song is at the end.

 The Halo Effect: A Temporary Lens

In early acquaintance, we meet not the person but our own hopes; we don’t know each other, only our expectations. And while you may, consciously or not, caution yourself not to let me upend them, I won’t perform for your image; I’ll simply be myself, because truly knowing someone takes time.

https://youtu.be/SZQIfEN_p2A

A Long Overdue Update

Blog Entry: A Long Overdue Update

By Michael Frye

It’s been years—too many—since I last updated this space. Life has a way of sweeping us forward without pause, and I suppose I got caught in that current. But today, I feel the need to reflect—not as a declaration of accomplishment, and certainly not from any place of self-importance—but simply to tell the story as it unfolded. These are not highlights for their own sake, but rather markers along a path shaped by purpose, service, and human connection.

What follows is a quiet summary of a life lived with intention. Not out of arrogance, and never to center myself in the narrative, but to share how the choices I made brought me to where I am now. The story isn’t extraordinary—it’s just mine. A record of how I’ve moved through the world so far, and how I’m still learning what that movement means.

At twelve, I left my Chicago home with my dearest parents and our beloved Yorkshire Terrier, Tiffany, embarking on a car ride that remains one of the most treasured memories of my life. 

We journeyed together across the vast expanse of Canada—through prairies and mountains, into Vancouver, and farther still to the northern town of Prince George in British Columbia.

My time at Sonia Fabian Dance Studios in Prince George was brief, yet it planted in me the first seeds of discipline and artistry. 

Soon after, destiny carried me southward again, to Vancouver and the doors of the famous Goh Ballet Academy. There, living in homestay with dearest Mee-Ying-Lee, the accountant at the Academy who was and still is so very dear and good to me, and the Goh family, who are all nothing short of astonishing and represent the true salt of the Earth, I was gifted both independence and an immersion into Chinese culture—a world that quietly and profoundly began shaping the foundation of who I would become.

The Goh Ballet did more than train my body; it defined my very being in ways I could not have imagined then. Each rehearsal, each correction, each moment of discipline was not merely preparation for the stage, but the slow, unseen forging of identity. 

What began as a child’s passion grew into a lifelong devotion, the art of ballet becoming both compass and language, guiding me toward a life I had not yet dared to dream.

Over the next fifteen years, I studied and performed in Vancouver and in China, developing not only my technical skills, but also a deep understanding of language and cultural nuance. 

I often acted as interpreter and mediator involving cross cultural relations and sometimes language translation and interpretation, a quiet observer translating intention as much as speech. 

Those years taught me that communication is more than words—it’s presence, patience, and the willingness to meet people where they are.

My time at the Beijing Dance Academy, just one year after the Tiananmen Square tragedy, showed me a generation awakening to change. Teaching there gave me access to the hearts of families caught between old and new. These moments pushed me toward academic work in Asian Studies and Chinese, which I pursued at the University of British Columbia while teaching and choreographing in Vancouver to make ends meet.

After the New York International Ballet Competition, I was invited to join the Shanghai Ballet Company—becoming their first Western Caucasian dancer. I toured with the company  performing as a corps dancer in revolutionary ballets like The White Haired Girl, The Red Detachment of Women, and Dream of the Red Chamber. The roles were artistic, yes—but also deeply cultural, and forever humbling.

Eventually, I stepped away from dance and leaned into academics and public service. 

At SUCCESS in Vancouver, I helped Chinese immigrants understand Canadian laws and societal structures. That experience opened the door to a deeper interest in justice—how systems work, and more importantly, how they often don’t for those with the least.

Taiwan became my next chapter. While pursuing graduate studies, I taught corporate English and communication across Taipei—in city government, global corporations, and banks. I also taught children and teens, learning patience and perspective through their eyes. These experiences cemented my belief in language not just as a tool, but as a bridge.

Then, the law came calling.

For the last eight years, I’ve worked with the San Francisco Public Defender’s Office—as a legal intern, a post-bar fellow, and ultimately as a provisionally licensed attorney (PL-442489). 

I’ve written and argued motions to suppress, 995s, bail motions, diversion requests, and more. I’ve counseled clients in jail, second-chaired trials, helped draft strategy, and made over a dozen appearances in arraignments and preliminary hearings.

Some of the many treasured moments that have stayed with me:

• Winning a suppression motion at prelim, resulting in all nine charges dismissed in a possession-for-sale case.
• Helping secure a full dismissal for lack of evidence under PC 1385.
• Supporting second-chair in six trials alongside some of the most committed defenders I know.
• Working on the intern trial team during the summer of 2020, running calendars, tracking cases, and keeping our team grounded in the fast pace of Department 17.

Throughout, I’ve supported clients in whatever capacity I had, working with simply the greatest people I have ever known at the SFPD.

Both of my beloved parents and my ballet teachers also gave voice to those caught in silence. Their example as remarkable human beings and role models are humbling, and represent some of my most powerful sources of strength.

Now that I’m back in Taiwan—having returned in October 2024—I wanted to offer this update. 

I’m currently working as a legal interpreter, lead instructor and curriculum writer at Chingshan Language Institute, where I’ve worked for many years and share a deep, mutual trust with the team. 

This chapter is quieter, but no less meaningful.

Still, my long-term goal remains rooted in public defense.

I hope to return to California, pass the Bar, and resume the work that speaks to the core of who I am—most hopefully at the San Francisco Public Defender’s Office, where I found both purpose and home. There is no work I believe in more. Giving a voice to those who have none, standing up for dignity and fairness—that fight is the one I feel born for. It is, quite honestly, the clearest expression of my soul.

The California State Bar has renewed my moral character evaluation through 2027, allowing me to take the Bar exam before that date. I don’t take this lightly—it’s an opportunity I hold with reverence and humility. Nothing is promised, but the door is open, and I plan to walk through it.

Before I close, I want to share something I’ve haven’t  spoken about very openly until now.

There is nothing I cherish more than my relationship with my parents. No matter where life took me, I always spoke to them—weekly, more often daily, sometimes multiple times a day. They understood me in ways I hadn’t yet discovered, and their guidance helped me answer questions about everything and everyone I knew, as well as new souls I encountered along the way.

On December 13, 2024, my mother—the dearest and most important person in the world to me—passed away.

I am grieving…

I’ve shared some of my thoughts on grieving with only a few people, the ones I truly love and trust deeply. 

Grief is a strange animal. It comes in waves, unexpected and uniquely personal. It doesn’t follow rules, and it doesn’t ask permission. I’m simply dealing with it the best I can.

After my father’s passing years ago, I learned how healing it is to surround yourself with those who love you and whom you trust. That love helped me move forward in a healthy way then, and I am leaning on the same now. There is no guidebook for loss—but I’ve found light in connection, in purpose, and in the work.

So here I am. Between places, between chapters, still moving forward—grateful, grounded, and ready for whatever comes next.

Until next time,
Michael Frye

"Deep Thoughts" and shots of Sun Moon lake in Nantou (central-northwestern mountainous region of Taiwan) where I attended an editing seminar.

Hello all (all???-where do these bass-ackward assumptions of mine come from? As of yet I know of only one person who has seen this blog...!)

Oh well, as a personally interesting (in an introspective kind of way) and somewhat therapeutic endeavor I shall continue with my entries tonight. My last one was on Sept. 21st. and to keep in form, it is 2:00am and I am suffering from another bout of insideous insomnia (no alliteration intended). The good news is I don't have to be up at 6:00am-4 hours later-tomorrow.

Before I talk briefly about the photos that were taken during a recent trip down to Nantou to attend an editors conference, I'll recount in diary form a very 'stunted' timeline of a few of my daily routines.

My life is BUSY but productive-"productive" being the operative word here in that I define it in terms of the progress I am or am not making to improve myself to be more (among other things) eclectic through exposure to different people and new experiences.

Weekly, (not Thursdays!) I am up at 6:00am after which time I slowly lumber (more like lerch!) down to Sun-Yat-Sen Memorial Hall (some say the father of "Chinese democracy"-NOT the Guns 'N' Roses version) to engage in a group Tai-chi session with between 30-100 other early risers, all hopeing to reap the mental, physical and spiritual (existential too!) benefits of the time honored tradition. Without being egotistical, I am proud of myself for having stuck to this routine since February of this year. It has certainly done wonders for me, especially in a meditative sense. So much easier now to contend with lifes pressures in a soothing, balanced way, which indeed makes coming to terms with lifes compromises that much easier.

After my hour and a half session of Tai-chi, I then grab some breakfast (more about eating in another entry) and head back home to get ready and head out to my office, which is quite close to where I live via the MRT (Taipei's subway/sky-train/tube etc...)

Three days a week after work ("work"-more about that later too) I attend a bjj-Brazilian Jiu-jitsu group class and open mat sparring session at Evolution Combat in Taipei, which takes me through to early evening, at which time I usually go out with whatever 'gym buddies' are present and grab some dinner before heading home. Depending on how I feel physically, I usually go for a late night swim in the pool at the complex where I live before I turn in.

That's all for now from the 'diary perspectives'.

As you can see I have 4 photos of Taiwan's Sun Moon lake. It is a beautiful shimmery torquise colored lake that is a vacation spot growing in popularity. To bolster the tourist industry on Taiwan the gov. and private industry created a truly majestic 5-star resort along the lakeshore, which, so I've been told is nothing short of spectacular. The Taiwanese gov. has rather recently (too recently!) began a green campaign for the island, most notably in a commercial sense is the contstruction of 'green' hotels, bed and breakfasts, and resorts in various areas of the island, including the islands Penghu, Kinmen and Green island.

The beautifully reflective shot, with the varying gradients of color and texture was taken at dawn.

Always live in the moment...

Until later...

Xiao long-bao!

Din Tai-Feng, literally 3 minutes away from my office and the absolute "bane of my culinary existence" in that I frequent the place WAY TOO MUCH!

Seriously though, it has become something of an institution in Taipei for Taiwanese, as well as a popular tourist destination for foreigners. It is most known for, among other local delicacies, the best Xiao long-bao on the island! Xiao long-bao-(small handmade wonton size dumplings filled with various mixtures of spices, meats,vegetables and/or seafood etc). Originally Xiao long-bao were specialty foods brought to Taiwan by immigrating Guomindang (Nationalist Party) soldiers coming here from the mid-to late 1940's on, to re-group and fortify materiel and personnel in the hopes of re-staging an offensive (obviously this didn't pan out) against the communists on the mainland.

In fact, the immediate area around my office offers an abundant variety of 'fusion foods'-tasty new creations created from the traditional chinese dishes immigrants brought with them, local original native recipes, and traditional dishes from Holland and the Netherlands to name a few. A very eclectic food culture to say the least.