The Fifth Circuit allowed Texas to do so. Will SCOTUS stop them? Also: The Eleventh Circuit said a detective might not get qualified immunity in a long-running case.
I'm glad and appreciate that you are reporting on all these cases.
It's amazing the amount of emotion and non-wisdom judging demonstrated in a lot of "judicial" decisions. Downright ignorant judgements, even arguments pulled from the 1600s witch burning profession.
Is there not requirement to meet standards in philosophy, critical thinking skills, logic and how to reduce personal biases?
There had always been talk about not making judges pass a litmus test, but that was about not having already apparent biases. Now these persons are nominated 'because' they can be counted on to have strong biases.
What a feebleminded Republic/Democracy demonstrated year to year.
One charming part of a flawed border bill that the Republicans are blocking even though they demanded it is keeping certain appeals under the statute away from the Fifth Circuit, where reasonable application of the law often goes to die.
I think you need a new category for Fifth judges: the batshit crazy ones.
I read the Texas responses. I find it interesting how Texas backtracks on deporting. Oh no, sir, we're not deporting. We just taking them to the border and dropping them off with the Feds.
But that's not what the law says. However, we know that Paxton has little regard for the law.
It's interesting comparing this to the recent Judge Tipton decision. A trump appointed judge at that. Because in that case, Texas was filing because of the DHS parole program for Cubans, Haitians, Nicaraguans, and Venezuelans. Basically, Tipton not only meticulously detailed how complicated it is to deport people, he noted the success of the parole program, and how it's costing Texas less and therefore Texas isn't harmed and has no standing.
And this one will get appealed, and any guesses how the Fifth will go?
So on the one hand, you have Texas weeping that OMG, it's overrun! On the other hand, you have Texas fighting a DHS parole program that actually successfully decreases the number of people at the border.
I'm glad and appreciate that you are reporting on all these cases.
It's amazing the amount of emotion and non-wisdom judging demonstrated in a lot of "judicial" decisions. Downright ignorant judgements, even arguments pulled from the 1600s witch burning profession.
Is there not requirement to meet standards in philosophy, critical thinking skills, logic and how to reduce personal biases?
There had always been talk about not making judges pass a litmus test, but that was about not having already apparent biases. Now these persons are nominated 'because' they can be counted on to have strong biases.
What a feebleminded Republic/Democracy demonstrated year to year.
Please stay the course and keep us updated. Democracy will die if the intentional darkness and shadows created by SCOTUS are allowed to continue.
One charming part of a flawed border bill that the Republicans are blocking even though they demanded it is keeping certain appeals under the statute away from the Fifth Circuit, where reasonable application of the law often goes to die.
I think you need a new category for Fifth judges: the batshit crazy ones.
I read the Texas responses. I find it interesting how Texas backtracks on deporting. Oh no, sir, we're not deporting. We just taking them to the border and dropping them off with the Feds.
But that's not what the law says. However, we know that Paxton has little regard for the law.
It's interesting comparing this to the recent Judge Tipton decision. A trump appointed judge at that. Because in that case, Texas was filing because of the DHS parole program for Cubans, Haitians, Nicaraguans, and Venezuelans. Basically, Tipton not only meticulously detailed how complicated it is to deport people, he noted the success of the parole program, and how it's costing Texas less and therefore Texas isn't harmed and has no standing.
And this one will get appealed, and any guesses how the Fifth will go?
So on the one hand, you have Texas weeping that OMG, it's overrun! On the other hand, you have Texas fighting a DHS parole program that actually successfully decreases the number of people at the border.
And the Fifth just keeps on humming to itself.
And bingo, the DOJ replies with
'Perhaps recognizing that SB4 is indefensible by its terms,
Texas attempts to rewrite the law its legislators enacted. Texas
now claims (Opp. 21) that rather than providing for removal, SB4
“merely requires that an alien be transported to a port of entry,
at which point the alien’s potential removal is a question for
federal immigration officers.” And for the first time in this
litigation, Texas now asserts (Opp. 23) that noncitizens subject
to removal orders will be “placed in custody of federal officials”
when transported to the port of entry. But SB4 says no such thing.
Rather, SB4 provides for the issuance of a written order that
“require[s] the person to return to the foreign nation from which
the person entered or attempted to enter.” '
And now Alito has extended the stay until the 18th.
This should be a no-brainer. This shouldn't require any thought. This is so obvious.
Thank you for another great article.
Thank you Chris.
It's important now, more than ever, to make sure the rules of law are adjudicated fairly and properly in all courts.
Good news there will be no more judge/court shopping.