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

Posted on 9/9/19 at 7:46 pm to
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 9/9/19 at 7:46 pm to
quote:


They’re prepared to file in every jurisdiction if confined to the 9th

There's no point at this point to even referring to courts as higher or lower given that no matter what some higher court does, the lower courts literally have decided they can "overrule" for all practical purposes.

We no longer have a judicial system in any reasonable sense of the concept
Posted by 56lsu
jackson mich
Member since Dec 2005
7441 posts
Posted on 9/9/19 at 7:52 pm to
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 9/9/19 at 7:53 pm to
quote:

There's no point at this point to even referring to courts as higher or lower given that no matter what some higher court does, the lower courts literally have decided they can "overrule" for all practical purposes.

We no longer have a judicial system in any reasonable sense of the concept



If old Liz warren wins and issues a fracking ban EO I think your view of the courts will change significantly. I don’t know why people are so shortsighted.
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 9/9/19 at 7:54 pm to
quote:

The simple fact is none of these people are “refugees” seeking asylum, they’re economic migrants who want free stuff, it’s that simple


Ok, I’m sure the gov will argue that angle up the chain.
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 9/9/19 at 7:55 pm to
quote:

Muh illegal imgrant workshop needs relief from Orange man


You should stick to these types of posts.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 9/9/19 at 7:55 pm to
quote:

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.
And I largely agree with you here. I expect the substance of the ruling to eventually be overruled.

I have often said that anyone seeking asylum should be held in custody until his case is heard, and that probably 95% of such request lack any merit as bona fide “asylum.”
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98866 posts
Posted on 9/9/19 at 7:59 pm to
quote:

If old Liz warren wins and issues a fracking ban EO I think your view of the courts will change significantly. I don’t know why people are so shortsighted


Here's the thing.

Opponents will go to a court in the 5th Circuit and win, and then her DOJ will go to the 9th and get a contrary ruling. She'll go with the one she likes.

For all the Trump Facist/Dictator talk, in every instance where Trump has had the same situation, he has NOT gone that route
This post was edited on 9/9/19 at 8:03 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98866 posts
Posted on 9/9/19 at 8:02 pm to
quote:

Ok, I’m sure the gov will argue that angle up the chain


And the 9th Circuit won't give a watery shite because orange man bad.

Trump should just close the border to all immigration until all of these cases are resolved. Importation of goods is fine. No people.

That would put heat on the Dems to actually pass something.
This post was edited on 9/9/19 at 8:02 pm
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 9/9/19 at 8:07 pm to
quote:

Opponents will go to a court in the 5th Circuit and win, and then her DOJ will go to the 9th and get a contrary ruling. She'll go with the one she likes.


I thought you were a lawyer?

Why doesn’t trump just go to the 5th and get his ruling (per your formulation)?

quote:

For all the Trump Facist/Dictator talk, in every instance where Trump has had the same situation, he has NOT gone that route



No EOs?
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 9/9/19 at 8:09 pm to
quote:

And the 9th Circuit won't give a watery shite because orange man bad.


Arecyou telling me the 9th won’t respect the SCt decision if rendered against their decision? How would that work? Would the gov/ice not act in line with the SCt?
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98866 posts
Posted on 9/9/19 at 8:10 pm to
quote:

I thought you were a lawyer?


I am.

quote:

Why doesn’t trump just go to the 5th and get his ruling (per your formulation)?


My guess is that whole "advisory ruling" thing. He'd need to get a "friendly" plaintiff with standing to file in that jurisdiction...guess what, they're not lining up for him.

quote:

No EOs?


You haven't been paying attention to the impetus of these lawsuits, have you?
Posted by Strannix
District 11
Member since Dec 2012
48948 posts
Posted on 9/9/19 at 8:13 pm to
quote:

issues a fracking ban EO


That’s not how EO’s work but I wouldn’t expect you to understand
This post was edited on 9/9/19 at 8:14 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98866 posts
Posted on 9/9/19 at 8:14 pm to
quote:

Arecyou telling me the 9th won’t respect the SCt decision if rendered against their decision? How would that work? Would the gov/ice not act in line with the SCt?


Are you drunk?

District court has ruled.

Next step is 9th.

Government makes the argument you noted about the asylum claims being bullshite.

9th buys district court's bullshite (i.e., doesn't give a watery shite).

IF the Supremes reverse, I would anticipate the 9th would follow; however, I don't give the benefit of the doubt to Tigar (see retarded Hawaii judge).
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 9/9/19 at 8:18 pm to
quote:

My guess is that whole "advisory ruling" thing. He'd need to get a "friendly" plaintiff with standing to file in that jurisdiction...guess what, they're not lining up for him.


In Texas, come fricking on.

He’s not doing it because there’s nothing to file, what’s the claim. Would be the same for warren with an injunction from the fifth.
Posted by roadGator
Member since Feb 2009
140558 posts
Posted on 9/9/19 at 8:19 pm to
quote:

you’ve already decided you don’t like


You made it an easy decision.
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 9/9/19 at 8:21 pm to
quote:

Are you drunk?

District court has ruled.

Next step is 9th.


You weren’t clear and this discussion has more or less assumed the ninth will affirm after the additional evidence.

quote:

IF the Supremes reverse, I would anticipate the 9th would follow; however, I don't give the benefit of the doubt to Tigar (see retarded Hawaii judge).


What do you mean? Tigar wouldn’t follow SCt ruling?
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 9/9/19 at 8:25 pm to
quote:


If old Liz warren wins and issues a fracking ban EO I think your view of the courts will change significantly. I don’t know why people are so shortsighted.


No. It won't

National injunctions by inferior courts are bull shite.

But even worse. National injunctions that override Superior Courts after just bull shite on steroids
Posted by Strannix
District 11
Member since Dec 2012
48948 posts
Posted on 9/9/19 at 8:25 pm to
And all of this stems because a legal workshop that caters to criminal aliens is inconvenienced
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 9/9/19 at 8:26 pm to
quote:


Ok, I’m sure the gov will argue that angle up the chain.

What does it matter? even if the supreme Court rules some Podunk stupid fricker in a no-name court it's just going to issue some new ruling that contravenes it based on some narrow "new" aspect that starts the process over again
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 9/9/19 at 8:27 pm to
quote:


Arecyou telling me the 9th won’t respect the SCt decision if rendered against their decision? How would that work? Would the gov/ice not act in line with the SCt?

What do you mean how would it work? We're already seeing it
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