Culture
Annotating the Judge’s Decision in the Case of Liam Conejo Ramos, a 5-Year-Old Detained by ICE
One of the many unsettling images to emerge from the recent ICE surge in Minneapolis was that of 5-year-old Liam Conejo Ramos, in his blue bunny hat, standing in the January cold with the hand of a federal officer gripping his Spider-Man backpack.
Liam and his father, Adrian Conejo Arias, an asylum seeker from Ecuador, were taken from Minnesota to Texas and held at a detention facility outside San Antonio. Lawyers working on their behalf filed a petition for a writ of habeas corpus, an ancient judicial principle forbidding the government from holding anyone in custody without providing a legally tenable reason for doing so. On Saturday, Fred Biery, a federal judge in Texas’ Western District, granted their petition, freeing them.
That’s the boilerplate. But Judge Biery’s decision — which has gotten a lot of attention in legal circles and beyond — is much more than a dry specimen of judicial reasoning. It’s a passionate, erudite and at times mischievous piece of prose.
That may not have surprised some Texas court watchers. Judge Biery, who was appointed to the federal bench by President Bill Clinton in 1994, is known for his wit and writerly flair. His judicial order in a 2013 case involving San Antonio strip clubs is famous for its literary allusions (“to bare, or not to bare”) and its cheeky double entendres. A 2023 profile in San Antonio Lawyer magazine called him “a judge with a little extra to say.”
The extra in this case transforms what might have been a routine decision into a thorough scourging of the Trump administration’s approach to governance. This text isn’t much longer than one of Mr. Trump’s Truth Social posts. In fewer than 500 words, Judge Biery marshals literature, history, folk wisdom and Scripture to challenge the theory of executive power that has defined Trump’s second presidency.
It’s worth looking at how he does it.
OPINION AND ORDER OF THE COURT
Before the Court is the petition of asylum seeker Adrian Conejo Arias and his five-year-old son for protection of the Great Writ of habeas corpus. They seek nothing more than some modicum of due process and the rule of law. The government has responded.
He starts by juxtaposing the grandeur of habeas corpus with the modesty of the father and son’s claims, implying that what makes the writ “Great” is precisely its ability to protect the basic right of ordinary people not to be locked up arbitrarily. It does this by requiring that the government either provide reasons for holding them in custody or else let them go.
Judge Biery’s footnote directing readers to Blackstone’s commentaries and Magna Carta may be intended to give a remedial lesson to members of the administration. His larger point, though, is that to flout the guarantee of habeas corpus — as he insists the current deportation policy has done — is to threaten the integrity of the American constitutional order itself.
The case has its genesis in the ill-conceived and incompetently-implemented government pursuit of daily deportation quotas, apparently even if it requires traumatizing children. This Court and others regularly send undocumented people to prison and orders them deported but do so by proper legal procedures.
He calls attention to the grandiosity and sloppiness of the administration’s position while suggesting that its overreach reflects a more sinister intention.
Apparent also is the government’s ignorance of an American historical document called the Declaration of Independence. Thirty-three-year-old Thomas Jefferson enumerated grievances against a would-be authoritarian king over our nascent nation. Among others were:
1. “He has sent hither Swarms of Officers to harass our People.”
2. “He has excited domestic Insurrection among us.”
3. “For quartering large Bodies of Armed Troops among us.”
4. “He has kept among us, in Times of Peace, Standing Armies without the consent of our Legislatures.”
As the 250th birthday of American independence approaches, the president is being cast as King George III. The federal government’s indifference to habeas claims places it on the wrong side of the historical divide between individual liberty and unchecked state power, and thus at odds with the founding documents of the Republic.
“We the people” are hearing echos of that history.
And then there is that pesky inconvenience called the Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized.
U.S. CONST. amend. IV.
Civics lesson to the government: Administrative warrants issued by the executive branch to itself do not pass probable cause muster.
In constitutional terms, the judge finds that the administration has defied the Fourth Amendment and disregarded the separation of powers.
That is called the fox guarding the henhouse. The Constitution requires an independent judicial officer.
A barnyard metaphor puts the matter in plainer language: Because executive authority has the potential to be predatory, it needs to be checked by the judiciary branch. Judge Biery might also be sending a sly message to his colleagues on the U.S. Supreme Court, who have looked favorably on many of Mr. Trump’s expansive claims of executive branch power.
Accordingly, the Court finds that the Constitution of these United States trumps this administration’s detention of petitioner Adrian Conejo Arias and his minor son, L.C.R. The Great Writ and release from detention are GRANTED pursuant to the attached Judgment.
The language in which the judge renders his decision also sends a message, in this case to the president himself. Capitalization is a hallmark of Mr. Trump’s style, as it is of American legalese. The paragraph granting the petition bristles with uppercase nouns, which makes it all the more striking that the president’s name, otherwise absent from the ruling, is rendered in lowercase, as a card-table verb.
This may be a subtextual swipe at the president’s ego, but it’s consistent with the decision’s fundamental argument, which is that the president — any president — is ultimately smaller than the law.
Observing human behavior confirms that for some among us, the perfidious lust for unbridled power and the imposition of cruelty in its quest know no bounds and are bereft of human decency. And the rule of law be damned.
For Judge Biery, the case involves procedure, and morality too. When he allows himself to express his disapproval — to write judgmentally, rather than judicially — he is in effect arguing that these principles can’t be separated. Due process and human decency are two sides of the same coin.
Ultimately, Petitioners may, because of the arcane United States immigration system, return to their home country, involuntarily or by self-deportation. But that result should occur through a more orderly and humane policy than currently in place.
Philadelphia, September 17, 1787: “Well, Dr. Franklin, what do we have?” “A republic, if you can keep it.”
With a judicial finger in the constitutional dike,
It is so ORDERED.
Benjamin Franklin famously (and perhaps apocryphally) pointed out the fragility of orderly self-government, while the Dutch boy immortalized in the 19th-century novel “Hans Brinker, or the Silver Skates” did what he could to protect his neighbors from the fury of the unchecked sea.
That Judge Biery puts himself in their company suggests that he sees this decision less as a final judgment than as a warning.
SIGNED this 31st day of January, 2026.
FRED BIERY
UNITED STATES DISTRICT JUDGE
Credit: Bystander
After his cautionary conclusion, the judge still has something extra to say, something that shifts the focus away from the rational, secular domain of jurisprudence.
Below his signature, he attaches the widely seen photograph of Liam. Underneath that — after an eloquently anonymous photo credit — are references to two verses from the New Testament. The judge doesn’t quote them, but they speak for him all the same.
Matthew 19:14
The Matthew verse — “But Jesus said, Suffer little children, and forbid them not, to come unto me: For of such is the kingdom of heaven” — is a well-known statement of compassion and care.
John 11:35
So, in its way, is John 11:35, the shortest verse in the English Bible. It is often quoted when things are so terrible that all other words fail:
“Jesus wept.”
Culture
Book Review: ‘Selling Opportunity,’ by Mary Lisa Gavenas
SELLING OPPORTUNITY: The Story of Mary Kay, by Mary Lisa Gavenas
Mary Kay, the cosmetics company whose multilevel marketing included sales parties and whose biggest earners were awarded pink Cadillacs, was really in the business of selling second chances. Or, at least, that’s what Mary Lisa Gavenas argues in “Selling Opportunity,” a dual biography of the brand and the woman behind it.
Mary Kathlyn Wagner, who would become Mary Kay Ash, “the most famous saleswoman in the world” and “maybe the most famous ever,” in Gavenas’s extravagant words, was born in 1918 to a poor family and raised mostly in Houston. Although a good student, she eloped at 16 with a slightly older boy. The young couple had two babies in quick succession.
Mary Kay’s creation was a combination of timing and good luck. Door-to-door sales was a thriving industry — but, traditionally, a man’s world: Lugging heavy samples was not considered feminine, and entering the homes of strangers, unsafe. But things began to change during the Great Depression, Gavenas suggests, thanks to a convergence of factors — financial pressures and the rise of the aspirational prosperity gospel espoused by Dale Carnegie’s self-help manuals.
At the same time, female-run beauty lines like Annie Turnbo Malone’s Poro and Madam C.J. Walker’s were finding great success in Black communities. And, coincidentally or otherwise, the California Perfume Company changed its name to Avon Products in 1939.
Ash began by selling books door to door, moving on to Stanley Home Products in the 1940s. She was talented, but direct sales was a rough gig. Every party to show off wares was supposed to beget two more bookings; these led to sales that resulted in new recruits. But there was no real security or stability: no salary, no medical benefits, no vacations. “Stop selling and you would end up right back where you started. Or worse,” the author writes.
Gavenas, a onetime beauty editor who wrote “Color Stories,” takes her time unspooling Mary Kay’s tale, with a great deal of evident research. We learn about direct sales, women’s rights and Texas history.
But, be warned: Readers must really enjoy both this woman and this world to take pleasure in “Selling Opportunity.” Mary Kay the person keeps marrying, getting divorced or widowed and working her way through various sales jobs (it’s hard to keep track of the myriad companies and last names). Gavenas seems to leave no detail out. Thus, the 1963 founding of the eponymous beauty company doesn’t come until almost 200 pages in.
Beauty by Mary Kay included a Cleansing Cream, a Magic Masque and a Nite Cream (which containined ammoniated mercury, later banned by the F.D.A.). The full line of products — which was how Mary Kay strongly encouraged customers to buy them — ran to a steep $175 in today’s money. (To fail to acquire the whole set, Ash said, was “like giving you my recipe for chocolate cake but leaving out an important ingredient.”)
Potential clients attended gatherings at acquaintances’ homes — no undignified doorbell-ringing here — where they received a mini facial, then an application of cosmetics like foundation, lip color and cream rouge — and a wig. The company made $198,514 in sales its first year.
Although Ash may have seemed a pioneer, in many ways Mary Kay was a traditionalist company, whose philosophy was “God first, family second, career third.” Saleswomen, official literature dictated, were working to provide themselves with treats rather than necessities so as not to threaten their breadwinner husbands.
And yet, they were also encouraged to sell sell sell. Golden Goblet pendants were awarded for major orders. After the company started using custom pink Peterbilt trucks for shipping, it began commissioning those Cadillacs for top consultants. (Mary Kay preferred gifts to cash bonuses, lest women save the money to spend on practical things rather than the licensed frivolities.) The Cadillacs, always driven on company leases, would become industry legend and part of American pop culture lore. “Never to be run-down, repainted or resold, the cars would double as shining pink advertisements for her selling opportunity,” Gavenas writes.
The woman herself was iconic, too. While Ash was a product of the Depression, she was also undeniably over-the-top. She wore white suits with leopard trim, lived in a custom Frank L. Meier house and brought her poodle to the office.
Mary Kay went public in 1968, making her the first woman to chair a company on the New York Stock Exchange. By the 1990s, the Mary Kay headquarters near Dallas was almost 600,000 square feet. They commissioned a hagiographic company biopic; there was a Mary Kay consultant Barbie; they were making $1 billion in wholesale. When she died, in 2001, Ash was worth $98 million.
And yet, Gavenas cites that at the company’s height, in 1992, sales reps made on average just $2,400 per year.
Instead of so much time in the pink fantasia of Mary Kay, it would have been nice for a few detours showing how infrequently the opportunities the company sold were truly realized.
SELLING OPPORTUNITY: The Story of Mary Kay | By Mary Lisa Gavenas | Viking | 435 pp. | $35
Culture
Historical Fiction Books That Illustrate the Bonds Between Mother and Child
We often think of the past as if it were another world — and in some ways, it is. The politics, religion and social customs of other eras can be vastly different from our own. But one thing historians and historical fiction writers alike often notice is the constancy of human emotion. The righteous anger of a customer complaining about a Mesopotamian copper merchant in 1750 B.C. feels familiar. Tributes to beloved household pets from ancient Romans and Egyptians make us smile. And we are captivated by stories of love, betrayal and sacrifice from Homer to Shakespeare and beyond.
In literature, letters, tablets and even on coins, we find overwhelming evidence that people in the past felt the same emotions we do. Love, hate, fear, grief, joy: These feelings were as much a part of their lives as they are of our own. And they resonate especially acutely in the bond between mother and child. Here are eight historical novels that explore the meaning of motherhood across the centuries.
Culture
How ‘The Sheep Detectives’ Brought its Ovine Sleuths to Life
Sometime in the 2000s, the producer Lindsay Doran asked her doctor for a book recommendation. “I’m reading that book everybody’s reading,” the doctor replied. “You know, the one about the shepherd who’s murdered and the sheep solve the crime.”
Doran had not heard of the book, “Three Bags Full,” a best-selling novel by a German graduate student (“No one’s reading it,” she recalls responding, inaccurately), but she was struck by what sounded like an irresistible elevator pitch. “Everything came together for me in that one sentence,” she said. “The fact that it was sheep rather than some other animal felt so resonant.”
Doran spent years trying to extricate the book from a complicated rights situation, and years more turning it into a movie. The result, opening Friday, is “The Sheep Detectives,” which features Nicholas Braun and Emma Thompson as humans, and Julia Louis-Dreyfus, Patrick Stewart and others giving voice to C.G.I. sheep stirred from their customary ruminations by the death of their shepherd, George (Hugh Jackman).
The film, rated PG, is an Agatha Christie-lite mystery with eccentric suspects, a comically bumbling cop (Braun) and a passel of ovine investigators. It’s also a coming-of-age story about growing up and losing your innocence that might have a “Bambi”-like resonance for children. The movie’s sheep have a way of erasing unpleasant things from their minds — they believe, for instance, that instead of dying, they just turn into clouds — but learn that death is an inextricable part of life.
“In some ways, the most important character is Mopple, the sheep played by Chris O’Dowd,” the screenwriter, Craig Mazin, said in a video interview. “He has a defect — he does not know how to forget — and he’s been carrying his memories all alone.”
“Three Bags Full” is an adult novel that includes grown-up themes like drugs and suicide. In adapting it for a younger audience, Mazin toned down its darker elements, changed its ending, and — for help in writing about death — consulted a book by Fred Rogers, TV’s Mister Rogers, about how to talk to children about difficult subjects.
The journey from book to film has been long and circuitous. “Three Bags Full” was written by Leonie Swann, then a 20-something German doctoral student studying English literature. Distracting herself from her unwritten dissertation, on the topic of “the animal point of view in fiction,” she began a short story “playing around with the idea of sheep detectives,” she said. “And I realized it was more like a novel, and it wasn’t the worst novel I’d ever seen.”
Why sheep? “I wasn’t someone who was thinking about sheep all the time,” Swann, who lives in the English countryside and has a dog named Ezra Hound, said in a video interview. Yet they have always hovered on the periphery of her life.
There was a friendly sheep that she used to see on her way to school. There was an irate ram that once chased her through the streets of a Bavarian village. And there were thousands and thousands of sheep in the fields of Ireland, where she lived for a time. “There were so many of them, and you could tell there was a lot of personality behind them,” she said.
A book in which sheep are stirred to action had to be a mystery, she said, to motivate the main characters. “In a lot of other stories, you would have trouble making a sheep realize there’s a story there,” she said. “They would just keep grazing. But murder is an existential problem that speaks to sheep as well as humans.”
Swann (the name is a pseudonym; she has never publicly disclosed her real name) found a literary agent, Astrid Poppenhusen, who brought her manuscript to market. Published in 2005, the book was translated into 30 languages and ended up spending three and a half years on German best-seller lists. (The German title is “Glennkill,” after the village in which it takes place.) Other novels followed, including a sheep-centric sequel, “Big Bad Wool,” but Swann never finished her dissertation.
Doran, the producer, read the book — now published in the United States by Soho Press, along with four other Swann novels — soon after hearing about it. She was determined to make it into a movie. Whenever she told anyone about the idea, she said, she had them at “sheep.”
The director, Kyle Balda (whose credits include “Minions”), was so excited when he first read the script, in 2022, that “I immediately drove out to a sheep farm” near his house in Oregon, he said in a video interview. “Very instantly I could see the behavior of the sheep, their different personalities. I learned very quickly that there are more varieties of sheep than dogs.”
How to make the sheep look realistic, and how to strike the proper balance between their inherent sheep-iness and their human-esque emotions were important questions the filmmakers grappled with.
It was essential that “the sheep in this world are sheep” rather than humans in sheep’s clothing, Balda said. “It’s not the kind of story where they are partnered with humans and talking to each other.”
That means that like real sheep, the movie sheep have short attention spans. They’re afraid to cross the road. “They don’t drive cars; they don’t wear pants; they’re not joke characters saying things like, ‘This grass would taste better with a little ranch dressing,’” Doran said.
And whenever they speak, their words register to humans as bleating, the way the adult speech in “Peanuts” cartoons sounds like trombone-y gibberish to Charlie Brown and his friends.
Lily, the leader of the flock, is played by Julia Louis-Dreyfus. It is not her first time voicing an animal in a movie: She has played, among other creatures, an ant in “A Bug’s Life” and a horse in “Animal Farm.” “When I read the script, I thought, ‘Wow, this is so weird,’” she said in a video interview. “It’s not derivative of anything else.”
Lily is unquestionably not a person; among other things, like a real sheep, she has a relatively immobile face set off by lively ears. “But her journey is a human journey where she realizes certain things about life she didn’t understand,” Louis-Dreyfus said. “There’s also the question of being a leader, and how to do that when you’re questioning your own point of view.”
Nicholas Braun took easily to the role of Officer Tim, the inept constable charged with solving the shepherd’s murder.
“The part was a little Greg-adjacent in the beginning, and I don’t really want to play too many Gregs,” Braun said via video, referring to Cousin Greg, his hapless punching bag of a character in the TV drama “Succession.”
“I’m post-Greg,” he said.
It takes Officer Tim some time to notice that the neighborhood sheep might be actively helping him tackle the case. But Braun said that unlike Greg, who is stuck in perpetual ineptitude, Tim gets to grow into a braver and more assertive person, a take-charge romantic hero — much the way the sheep are forced into action from their default position of “just forgetting about it and moving on and going back to eating grass,” he said.
Braun mused for a bit about other potential animal detectives — horses, say, or cows — but concluded that the sheep in the film were just right for the job. He predicted that the movie would change people’s perception of sheep, much the way “Toy Story” made them “look at their toys, or their kids’ toys, differently.”
“I don’t think people are going to be eating as much lamb after this,” he said.,
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