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FrenchToast
LSU Fan
The French Kitchen
Member since Jan 2016
1565 posts

Barr using the separation of powers to unobstruct lower court rulings
Trump's agenda hampered by troubling number of lower court injunctions, Barr says

quote:

Attorney General William Barr on Tuesday said he has noticed a troubling trend of nationwide injunctions issued by lower courts that have taken their toll on President Trump’s agenda and threaten the political process for future administrations.

Barr, who has been accused by Democrats of protecting Trump after the release of the Mueller report, told the American Law Institute that there is a new trend of judicial "willingness" to review executive action, which injects courts into the political process.


He pointed to the district court in California that in January 2018 issued a temporary injunction to block the Trump administration from ending Deferred Action for Childhood Arrivals, or DACA.

DACA has protected about 800,000 people who were brought to the U.S. illegally as children or came with families who overstayed visas. The Obama-era program includes hundreds of thousands of college-age students.

U.S. District Judge William Alsup said at the time that lawyers in favor of DACA demonstrated that the immigrants “were likely to suffer serious, irreparable harm” without court action. The judge also said the lawyers have a strong chance of succeeding at trial.

The White House was swift to criticize these lower court injunctions and called this particular decision “outrageous.” Vice President Mike Pence recently said the administration will ask the Supreme Court to bar them.

"So what have these nationwide injunction wrought? Dreamers remain in limbo, the political process has been pre-empted, and we have had over a year of bitter political division that included a government shutdown of unprecedented length," Barr said.


quote:

Barr said nationwide injunctions violate the separation of powers. He said that since Trump took office, there have been 37 nationwide injunctions — more than one a month -- against his office and he said there is likely no end in sight. He said, by comparison, there were two instances where district courts issued an injunction in President Obama’s first two years.


Fox News

He's not wrong. Makes you wonder why that was not brought up before.
This post was edited on 5/22 at 6:24 am


wryder1
LSU Fan
Birmingham
Member since Feb 2008
2663 posts

re: Barr using the separation of powers to unobstruct lower court rulings
This is why the swamp needs to be drained. It is obvious we have a class of people that believe they are our rulers. When an outsider comes in, they blatantly make it known they will do all they can to resist THEIR vision of how the country should be run. This should open the eyes of everyone but we shall see in 2020.


NikolaiJakov
Moscow
Member since Mar 2014
1850 posts

re: Barr using the separation of powers to unobstruct lower court rulings
Because Democrats have realized that the court system is really unchecked. These activist judges have no recourse to circumvent the Constitution except the possible reversal of a higher court.

I really believe that our Founding Fathers believed that judges were honorable men and would always be honorable men. They couldn't fathom how corrupt modern Democrats would become.
This post was edited on 5/22 at 6:37 am


antibarner
Alabama Fan
Member since Oct 2009
16207 posts

re: Barr using the separation of powers to unobstruct lower court rulings
Those injunctions are all the Left has had for YEARS. They have used them to ruin this country and force changes they never could have gotten through at the ballot box.

It is long past time the tyrants in black robes that answer to no one were brought to heel. What will happen if this is taken away from the Left and they were to lose the House and the White House again in 2020?

They WILL take to the streets in revolt. I have no doubt of it. Too many of them are unstable and many of them are on television.

This post was edited on 5/22 at 6:42 am


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trinidadtiger
Member since Jun 2017
3707 posts

re: Barr using the separation of powers to unobstruct lower court rulings
This has infuriated me, no judge should use his personal beliefs to rule from the bench AND CERTAINLY not apply it to the entire country.

If they want that power, let them lobby to become a SCJ or run for president (at this point what would it matter there are already half the party running).


ChineseBandit58
LSU Fan
west of the pines
Member since Aug 2005
29197 posts

re: Barr using the separation of powers to unobstruct lower court rulings
quote:

Founding Fathers believed that judges were honorable men


The founders made it clear = "Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." - John Adams


WPBTiger
USA Fan
Parts Unknown
Member since Nov 2011
16116 posts

re: Barr using the separation of powers to unobstruct lower court rulings
quote:

nationwide injunctions issued by lower courts


Clarence Thomas has also said this needs to be looked at by the USSC.


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mtntiger
LSU Fan
Asheville, NC
Member since Oct 2003
16821 posts

re: Barr using the separation of powers to unobstruct lower court rulings
Justice Thomas has been making noise about this for some time now.


antibarner
Alabama Fan
Member since Oct 2009
16207 posts

re: Barr using the separation of powers to unobstruct lower court rulings
Time to make a move, Clarence.


tide06
Alabama Fan
Raleigh, NC
Member since Oct 2011
2455 posts

re: Barr using the separation of powers to unobstruct lower court rulings
If you look into the abuse of IC surveillance against members of Congress and judges up to and including John Roberts it becomes clear that some of them might not have had a choice but to go along with whatever they were ordered to do.


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Eli Goldfinger
Alabama Fan
Member since Sep 2016
13401 posts
 Online 

re: Barr using the separation of powers to unobstruct lower court rulings
The judiciary - spearheaded by Obama appointees - has taken it upon itself to grab political power for itself.

They must be stopped at all cost.


antibarner
Alabama Fan
Member since Oct 2009
16207 posts

re: Barr using the separation of powers to unobstruct lower court rulings
Power they were never meant to have. There is no need to have a hearing in front of those hacks, it is a waste of time. They should not walk into a courtroom, but hop.


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Bard
LA-Monroe Fan
Tigerdroppings Platinum Member
Member since Oct 2008
33557 posts

re: Barr using the separation of powers to unobstruct lower court rulings
SCOTUS has even commented about how the lower courts have overstepped their bounds so much with the travel ban injunctions that they made a rare warning to the lower courts to stop them from continuing their trying to stop the ban.

As to the DREAM Act is that IT'S NOT frickING LAW! The legislation has never passed out of Congress, Obama just moved unilaterally on it and now the lower courts are acting as if it's law. To put it into a comparative for our resident Leftists, this would be like Trump mandating that criticism of his administration violates the First Amendment and the courts agreeing.


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FooManChoo
Georgia Fan
Member since Dec 2012
25146 posts

re: Barr using the separation of powers to unobstruct lower court rulings
quote:

The founders made it clear = "Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." - John Adams
This.


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Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
37575 posts

re: Barr using the separation of powers to unobstruct lower court rulings
I would like to know how many of these lower court injunctions have been overturned on appeal or by the Supreme Court. I just read where some hack, Obama-appointee, federal judge said that Trump must turn over financial records (that pertain to issues long before Trump was president) to Nadler's committee.

quote:

nationwide injunctions issued by lower courts


I took Civics/Government a long time ago in school, but I seem to remember that a ruling by a judge in his district only applied to his district, not the entire country.
This post was edited on 5/22 at 7:26 am


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