Article

2018-01-10 Fifth Column

Judge rules against Trump administration on rescinding DACA

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Posted by Seeking cure for ignorance 2018-01-10 02:26|| || Front Page|| [1 views ] Top

#1 Who could have possibly seen this coming ?

Posted by Besoeker 2018-01-10 02:38|| 2018-01-10 02:38|| Front Page Top

#2 This is fucking ridiculous - an EO can be nullified by another EO. Judges should be disbarred for blocking this shit and Trump should just ignore these judges until the fight gets to the Supreme Court, just like his predecessor did on many occasions.

Posted by Raj 2018-01-10 02:44|| 2018-01-10 02:44|| Front Page Top

#3 So, what are the mechanisms for dealing with situations when judges exceed their authority?

Posted by g(r)omgoru 2018-01-10 04:16|| 2018-01-10 04:16|| Front Page Top

#4 Impeachment is a start.

Posted by Rob Crawford 2018-01-10 06:53|| 2018-01-10 06:53|| Front Page Top

#5 So, what are the mechanisms for dealing with situations when judges exceed their authority?

Appeal it to the Supreme Court. San Francisco is in the 9th Circuit, so odds are good it will be overruled. I’m not sure, but I think this is where the ruling will be posted.

Posted by trailing wife 2018-01-10 06:58|| 2018-01-10 06:58|| Front Page Top

#6 So a Federal Judge is ordering Trump to break federal law - which is basically what DACA does.

Posted by CrazyFool 2018-01-10 07:59|| 2018-01-10 07:59|| Front Page Top

#7 If we really had a government of checks and balances, a fair handful of judges would be before Congress explaining why they should be allowed to keep their jobs (which is not being a aristocrat sitting for life and ignoring the Constitutional separation of powers).

Posted by Procopius2k 2018-01-10 08:42|| 2018-01-10 08:42|| Front Page Top

#8 On March 24, 1999, Alsup was nominated by President Bill Clinton to a seat on the United States District Court for the Northern District of California vacated by Thelton Henderson.[4] Alsup was confirmed by the United States Senate on July 30, 1999, and received his commission on August 17, 1999.

So, rule of law means little to him

Posted by Frank G 2018-01-10 09:00|| 2018-01-10 09:00|| Front Page Top

#9 Another black robed tyrant decreeing what the law should be from the bench.

Long past time to start to treat them as dictators and lawless fucks and act accordingly.

Posted by DarthVader 2018-01-10 10:14|| 2018-01-10 10:14|| Front Page Top

#10 They are traitors and should be publically treated as such. Heck, send them to Gitmo and then vanish them into some nice place like Saudi where they can really enjoy their stay.

Posted by Silentbrick 2018-01-10 10:25|| 2018-01-10 10:25|| Front Page Top

#11 The judge also said the lawyers have a strong chance of succeeding at trial.

It's probably safe to assume even the DACA lawyers don't believe that.

Posted by DepotGuy 2018-01-10 11:18|| 2018-01-10 11:18|| Front Page Top

#12 #5 I meant more in the sense of Rob's reply.

Posted by g(r)omgoru 2018-01-10 12:09|| 2018-01-10 12:09|| Front Page Top

#13 This asshole, Alsup, has been slapped down before:

Five lawsuits were filed in U.S. District Court for Northern California to reinstate DACA, with the lead case brought ironically by none other than Napolitano, who is now the president of the University of California. The cases were assigned to Judge William Alsup, a liberal Clinton-appointed judge who formerly clerked for the Supreme Court and served in the Clinton-era DOJ.

Alsup originally issued extraordinarily broad and invasive discovery orders to force the federal government—even the White House—to disclose a broad range of sensitive documents on DACA discussions, possibly including communications with President Trump that would be protected by executive privilege.

When the U.S. Court of Appeals for the Ninth Circuit in San Francisco did not rein in Alsup, Sessions’ top Supreme Court lawyer, Solicitor General Noel Francisco, went straight to the Supreme Court, which rejected Alsup’s order in a unanimous opinion.

Back in the federal trial court, Alsup’s latest decision rejected DOJ’s motion to dismiss the five lawsuits. Instead, he issued a preliminary injunction against the Trump administration, ordering the Trump administration, “pending final judgment herein or other order, to maintain the DACA program on a nationwide basis on the same terms and conditions that were in effect before the rescission on September 5, 2017.” The San Francisco-based district court further ordered the federal government to begin renewing work permits for DACA recipients.

DOJ can now take these cases back to the Ninth Circuit on an expedited basis, and request a stay of the district court’s reinstatement order while the appeal is ongoing. If the Ninth Circuit declines again to do so, then DOJ can immediately return to the Supreme Court and ask Justice Anthony Kennedy—who has jurisdiction over the Ninth Circuit—to issue a stay that will last until a final decision is rendered in the appeal.

Posted by Frank G 2018-01-10 12:26|| 2018-01-10 12:26|| Front Page Top

#14 Just disband the 9th and set up about 3 new courts and make all the judges re-apply to be members of the new courts.
No different than layoffs when a company is diced and sliced by others in a non-chapt 11 situation.

Posted by 3dc 2018-01-10 16:35|| 2018-01-10 16:35|| Front Page Top

#15 So, what are the mechanisms for dealing with situations when judges exceed their authority?
Something about lampposts, rope and assembly comes to mind.

Posted by Glenmore 2018-01-10 17:51|| 2018-01-10 17:51|| Front Page Top

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