19 Comments
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David J. Sharp's avatar

Is this normal? That appeals courts - and SCOTUS - are more concerned with rules and procedure than effects and behavior? That it’s all about the presidency … but not about the president? Does that excuse their (and his) shamelessness?

Joeff's avatar

It’s pretty common. Judges routinely hide behind procedural minutiae to mask their policy choices and party preferences (both kinds). Not always but often enough. Look at the shadow docket cases when the GOP appointees deign to write.

David J. Sharp's avatar

*sigh* So sad. I agree with you about that shadow docket—too few words, no explanation, no enlightenment.

Jill Lloyd Flanagan's avatar

So crazy to me, it’s like the appeals court is like saying the judge can’t make a determination based on reality.

GeorgeC's avatar

The political hacks appointed by Cheetolini are simply looking for an excuse to ignore laws, common sense, and ethics so they can invent some wack-a-doodle BS to justify clearly illegal actions.

Corrupt scumwards all.

Nancy's avatar

Well said! I was going to say it's all word salad, but you said it better!

Noorillah's avatar

Reality? The nerve! As if that should ever interfere with the cementing of tyranny!

Michelle's avatar

It was very clear that Nelson isn’t interested in dealing with reality and instead just wants to help push the regimes agenda to do whatever trump wants even when it’s based on lies. But despite his unmistakable bias and condescending, arrogant attitude, Chaffin did a great job of maintaining her composure while presenting detailed facts of the day to day situation in Portland which clearly do not warrant ‘outside’ assistance.

Kevin R. McNamara's avatar

Nelson should have asked what evidence there is that the laws are not being enforced on Portland.

Susan Linehan's avatar

I think he went on about how we don't know if "behind the scenes" ICE can't "do its job." In other words, it is too afraid of people dressed as frogs, chickens, etc to be able to act. Hegseth should have a word with them about manliness.

Of course, ICE has been operating for 23 years, doing its job without crowds or folks in animal outfits.. Might it, just maybe, be HOW it is now doing its job that has the crowds upset?

Shannyn Frank's avatar

Perhaps people don’t like masked secret police snatching US citizens and holding them for days without probable cause 🤦‍♀️🤦‍♀️🤦‍♀️

Lance Khrome's avatar

Two more appellate judges joining James Ho in auditioning for the next open "GOP" seat on Scotus.

Clair's avatar

The best description of this round about the judicial system is that it’s just a system in which free fall

With is either afraid to act or does so in a way it doesn’t actually matter .

It seems to me that they feel like “ there dammed if they do and dammed if they don’t “.,

They’re like the “ deer in the headlights “..paralyzed…

and so it goes…Clair here☹️

Joe M's avatar

Textualism baby! Reading the words on the page as written is required, unless that will lead to the wrong result...

Ang Volz's avatar

My impression of the comments and questions from Judge Nelson and Judge Bade left me wondering if they even read Judge Karin Immergut’s order and opinion.

reed hundt's avatar

South Carolina seceded from the union in December 1860. The confederacy was created in February 1861. Fort Sumter was attacked in April 1861. I think even a judge on the west coast circuit should be able to have memory refreshed on this fundamental sequence of American history. By contrast, Oregon did not secede from the union and blue states have not created their own constitution and their own rebellion. Nor has any state gone to war against the u s military. The issue in Oregon is that the president has instigated military action against the people in that state.

Kathy Hughes's avatar

In my opinion, I think once again, Trump has procured an improper indictment against Letitia James, and he’s committed a high crime and misdemeanor which is an impeachable offense. I don’t think the court will take it anywhere, nor will Comey’s indictment. Unfortunately, these improper indictments serve as examples of the lengths Trump is willing to go to weaponize the Department of Justice to satisfy his own desire for revenge, and he has set an example for any other President to do the same. It is our equivalent to Caesar’s crossing the Rubicon.

Stanley Krute's avatar

The various Trump Federal judges are a sorry lot.

One more reason why we not only need to win back the House in '26, but the Senate as well, so as to staunch the flow of these useful Federalist idiots onto the bench.