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re: Judge Blocks Trump Santuary city order

Posted on 4/25/17 at 3:32 pm to
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 4/25/17 at 3:32 pm to
quote:

And what happens if Congress, well the GOP Congress that is, submits a brief or even passes a resolution saying that they have no problem with Trump using those funds as leverage against sanctuary cities?
Submitting a brief isn't gonna do shite because briefs aren't legally binding. If they pass a bill that includes a sanctuary city provision? That would be fine. (Constitutionally fine, would still be bad policy IMO.) Then they'd be using the same basic method they did to get states on board the 21-year drinking age.
This post was edited on 4/25/17 at 3:34 pm
Posted by LSUcjb318
Member since Jul 2008
2364 posts
Posted on 4/25/17 at 3:32 pm to
quote:

I respect a liberal that actually takes this stance and doesn't pretend that it's not activism


-I don't know the judge personally so I cant call it activism.

-I don't agree with sanctuary cities.

-But I'm not sure withholding funds is a legal way to fix the problem. Let the supreme court decide.
Posted by cajunangelle
Member since Oct 2012
167261 posts
Posted on 4/25/17 at 3:32 pm to
Obama took awhile this time judge shopping. He must have been busy on yachts and stuff.
Posted by Texas Weazel
Louisiana is a shithole
Member since Oct 2016
8946 posts
Posted on 4/25/17 at 3:34 pm to
quote:

How many threads is that for this same gif? Really showing off your wit. Though, I guess for a gump, it's the best you can do.

First time I've seen it. Thanks for pointing it out.
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
74154 posts
Posted on 4/25/17 at 3:34 pm to
Why do you oppose the order? How do such cities benefit you?

Do you guys realize a supermajority of voters oppose such madness?
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 4/25/17 at 3:35 pm to
How does a judge block the executive branch from NOT appropriating money? Is the judge now forcing the executive branch to hand out money? How does that work?
Posted by LSUcjb318
Member since Jul 2008
2364 posts
Posted on 4/25/17 at 3:37 pm to
quote:

Why do you oppose the order?


I never said I oppose it. I'm just not sure if its legal.

We should leave that to the supreme court and if they are good with it then I'm good.
Posted by LoneMDG
Birmingham
Member since Nov 2009
2774 posts
Posted on 4/25/17 at 3:37 pm to
Gifs from the same guy that does the stupid good HD Gifs of Horizon Zero Dawn.

I'm sorry the prez can't handle steps, or reasonable governmental issues.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 4/25/17 at 3:37 pm to
quote:

Submitting a brief isn't gonna do shite because briefs aren't legally binding. If they pass a bill that includes a sanctuary city provision? That would be fine. (Constitutionally fine, would still be bad policy IMO.) Then they'd be using the same basic method they did to get states on board the 21-year drinking age.



Then GOP Congress can kill this lawsuit by adding a sanctuary city provision to funding bills and authorize the President to do what he intended to do.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 4/25/17 at 3:37 pm to
quote:

He should order ice to surround every police department and every court of law in sanctuary cities. Anyone entering or leaving should be required to show proof of legal status.


Jesus Christ. Do you even unreasonable search and seizure bro?
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 4/25/17 at 3:37 pm to
The executive branch has as much discretion over an appropriation as Congress dictates when it establishes it, no more. Some appropriations give the executive wide latitude, some don't. Separation of powers means that in the absence of such latitude being explicitly granted it is presumed to remain with Congress.
Posted by Old Hellen Yeller
New Orleans
Member since Jan 2014
9957 posts
Posted on 4/25/17 at 3:38 pm to
quote:

BREAKING: US judge blocks Trump order to cut off funding to cities that limit cooperation with immigration authorities.


Winning!!
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476597 posts
Posted on 4/25/17 at 3:38 pm to
quote:

Then GOP Congress can kill this lawsuit by adding a sanctuary city provision to funding bills and authorize the President to do what he intended to do.

well yeah then it's a congressional act and not an executive act. that clears up any potential SOP issue
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 4/25/17 at 3:40 pm to
quote:

-But I'm not sure withholding funds is a legal way to fix the problem.



The feds did it to force us raise the drinking age here in Louisiana.

It's the feds money and they should use it as they see fit.

Is there a constitutional right for local and state governments to get money from the feds?
Posted by BBONDS25
Member since Mar 2008
59463 posts
Posted on 4/25/17 at 3:40 pm to
Hmmm. Ok. I don't want to look into Federal procedure. Did the city make the argument on behalf of congress or did the judge opine based upon on an argument that wasn't made? I know we are getting into the minutiae of procedure...but your post peaked my interest. I guess I should just go read the ruling.

I might have been wrong in my first post in this thread. First time ever in my whole life.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115342 posts
Posted on 4/25/17 at 3:42 pm to
Judge William Orrick. NDCA.

Obama appointee (shocker).

Also ran blocker for Planned Parenthood on their baby part selling videos.
This post was edited on 4/25/17 at 3:42 pm
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 4/25/17 at 3:42 pm to
quote:

The executive branch has as much discretion over an appropriation as Congress dictates when it establishes it, no more. Some appropriations give the executive wide latitude, some don't. Separation of powers means that in the absence of such latitude being explicitly granted it is presumed to remain with Congress.




So the judge's bias in this decision is that the executive branch has no latitude in this case? If so then why would the executive branch even be involved with allocating dollars via the DOJ? Why not appropriate them directly from congress?
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 4/25/17 at 3:42 pm to
quote:

Then GOP Congress can kill this lawsuit by adding a sanctuary city provision to funding bills and authorize the President to do what he intended to do.
Sure, that's theoretically possible. But it would require an actual budget bill; continuing resolutions are subject to a filibuster.
This post was edited on 4/25/17 at 3:43 pm
Posted by BBONDS25
Member since Mar 2008
59463 posts
Posted on 4/25/17 at 3:42 pm to
Ah. Ok. Just looked it up. The judge didn't rule on the constitutionality. Judge ordered a TRO until the case could be heard. This is nothing. All of us were duped by the OP.
This post was edited on 4/25/17 at 3:46 pm
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 4/25/17 at 3:44 pm to
quote:

So the judge's bias in this decision is that the executive branch has no latitude in this case?
I haven't read the decision, the executive order, or any of the legislative text, so I can't tell you whether the judge's interpretation is reasonable or unreasonable.
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