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re: Judge Tigar defies federal appeals court, reinstates injunction against asylum ban

Posted on 9/9/19 at 6:06 pm to
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 9/9/19 at 6:06 pm to
quote:

He needs to be arrested by Federal Marshal's and removed from the bench ASAP.
quote:

A federal judge in California has defied an appeals court in reinstating a nationwide injunction over the Trump administration’s ban on asylum for anyone trying to cross the southern border by transiting through a third country, such as Mexico. The injunction blocks enforcement of the policy across the four states along the U.S.-Mexico border.
So the immigrant groups can just keep bringing new lawsuits and Tigar can just keep ruling in their favor again and again and again.
Except that none of that bears much resemblance to what actually happened.

This is what happens when non-lawyers write news articles about judicial decisions. They frick it up.
This post was edited on 9/9/19 at 6:08 pm
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 9/9/19 at 7:34 pm to
quote:

Except that none of that bears much resemblance to what actually happened.

This is what happens when non-lawyers write news articles about judicial decisions. They frick it up.


Have to agree with you mostly on this one except for a few points- the article was written by Shannon Bream who does have a law degree and was apparently, at one point, admitted to practice, based on quick googling.

There area lot of legal procedural nuances in these rulings- i.e. whether a stay of a preliminary injunction on appeal should be restricted within the 9th Circus or be nationwide, ability to further develop muh record, etc., and all of that does make the article misleading. So there was not defiance. The 9th Circus invited this outcome.

But the misleading nature of the article does not make the substance of the district court's underlining findings or conclusions of law any less despicable. It is a disgusting power grab and defecation on the separation of powers.

Plus, the speed all of this has occurred is very revealing.

- July 16, 2019: DOJ and DHS publish joint interim final rule that migrants must first apply for asylum in Mexico before applying in US.

- July 17, 2019: Pro-illegal immigrant organizations move for temporary restraining order (converted by consent to preliminary injunction) to prevent order

[How many peaceful migrants must have died on 7/16 by mean orange man's order?]

- July 24, 2019: Court grants motion.

- Aug. 16, 2019: 9th Circuit denies motion to stay (block effects of Tigar's ruling) except within CA, AZ, WA, OR, etc.

- Thurs, September 5, 2019: current motion heard

- Today: Ruling with national implications issued.











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