Yet Another Trump Win in the SCOTUS

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Professor Fate
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Yet Another Trump Win in the SCOTUS

Post by Professor Fate » Fri Dec 08, 2017 11:26 pm

The Supreme Court ruled late Friday that the Trump administration does not have to turn over documents connected to its decision to end a program that protects immigrants brought to the United States as children from deportation.

It was the second time in four days that the court has sided with the administration against immigration advocates, following Monday's order enabling Trump's travel ban to go into full effect while challenges work their way through the courts.

The latest order reverses action by lower courts in San Francisco, requiring the government to produce documents in the case by Dec. 22.

Justice Stephen Breyer wrote the dissenting position, joined by Justices Sotomayor, Kagan, and Ginsburg.

https://www.msn.com/en-us/news/us/supre ... li=BBnb7Kz
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Re: Yet Another Trump Win in the SCOTUS

Post by John Q. Public » Fri Dec 08, 2017 11:38 pm

Speaking of Donald and his immigration policies, is anyone else aware that he has two "chain immigrants" living in the White House who'd never come close to qualifying under his new standards? One was a car salesman (and a member of the Communist Party) and I think the other worked in retail or something. And then there was their daughter the model. I don't know that she'd have qualified, either.
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Re: Yet Another Trump Win in the SCOTUS

Post by John Q. Public » Wed Jan 10, 2018 6:29 pm

And yet another Trump loss in the 9th Circuit Court. And a head slapper of a ruling, at that. They said the revocation was arbitrary and capricious, which Donald himself said. Or he would have if he knew either word. The court ruled that there are people's lives and livelihoods at stake and you can't just up and revoke their status to use it as a bargaining chip in some other negotiation. Our laws don't work that way. #-o
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Re: Yet Another Trump Win in the SCOTUS

Post by Omar Bongo » Wed Jan 10, 2018 9:49 pm

Didn't take @BigBaby long to whine about the unfairness of it all...

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It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts.
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Re: Yet Another Trump Win in the SCOTUS

Post by John Q. Public » Tue Feb 13, 2018 7:48 pm

And yet another Trump loss, this time in the District Court for Eastern New York. With a few "Ooh! Ouches!" thrown in.

"The decision to end the DACA program appears to rest exclusively on a legal conclusion that the program was unconstitutional," [U.S. District Judge Nicholas] Garaufis said. "Because that conclusion was erroneous, the decision to end the DACA program cannot stand."

"In his ruling, Garaufis said Sessions erred in concluding the program was unconstitutional because it was enacted by the Obama administration without Congressional authority. Garaufis said "every modern presidential administration" has created programs that have shielded certain aliens from deportation.

"The judge also called Sessions’s determination 'arbitrary and capricious.'"

"In his ruling, Garaufis questioned whether Sessions’s views are consistent with those of the Trump administration, noting there’s a contradiction between what the attorney general has said and the president’s Sept. 5 tweet stating, 'Congress now has 6 months to legalize DACA (something the Obama Administration was unable to do). If they can’t, I will revisit this issue!'

"'It is not clear how the President would ‘revisit’ the decision to rescind the DACA program if the DACA program were, as the attorney general has stated, ‘an unconstitutional exercise of authority by the Executive Branch,’ Garaufis said."
https://www.bloomberg.com/news/articles ... -u-s-judge

"'Defendants indisputably can end the DACA program,' Garaufis wrote, referring to the Trump administration. 'The question before the court is thus not whether defendants could end the DACA program, but whether they offered legally adequate reasons for doing so. Based on its review of the record before it, the court concludes that defendants have not done so.'

"The judge said that the decision to end the program was based in part on the "plainly incorrect factual premise" that the program was illegal."
https://www.cnn.com/2018/02/13/politics ... index.html

The Supreme Court will decide whether or not to hear the Justice Department's appeal of the 9th Circuit Court's ruling later this week.
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Re: Yet Another Trump Win in the SCOTUS

Post by Professor Fate » Tue Feb 13, 2018 7:57 pm

John Q. Public wrote:QR_BBPOST The Supreme Court will decide whether or not to hear the Justice Department's appeal of the 9th Circuit Court's ruling later this week.
Do you really think that'll fly in the SCOTUS?
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Re: Yet Another Trump Win in the SCOTUS

Post by John Q. Public » Tue Feb 13, 2018 8:17 pm

I guess it would depend on what point of law is being argued. I think both rulings were correct but the SCOTUS might not look at Trump's intent, which was clearly "arbitrary and capricious". If they decide that Obama might have gone beyond his powers, whatever ruling they come up with could very well void some other EO's.

And this is only a decision on whether or not to hear the case, so the ruling could stand for a while, depending on if they let the injunction stand. Or if they also decide to look at this latest case.
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Re: Yet Another Trump Win in the SCOTUS

Post by Professor Fate » Tue Feb 13, 2018 8:30 pm

Exactly. I have come to expect that anything Trump does will be challenged in court (most often in the Ninth Circuit Court).

I don't think why Trump undid Obama's EO matters. Neither does whether or not Obama's EO was constitutional. Trump has the power to undo it...it was only a temporary deferment anyway, wasn't it?
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Re: Yet Another Trump Win in the SCOTUS

Post by John Q. Public » Tue Feb 13, 2018 8:59 pm

He would probably have the power to not renew it but probably not to cancel it, since it involves people's livelihoods.

But... since he's said that he doesn't disagree with it and that he might issue his own EO on it, that says that he only repealed it "arbitrarily and capriciously" to use it as a bargaining chip, which would clearly be a constitutional issue since democracies don't work that way. If the Court doesn't rule against that they aren't doing their job. And then we would have a constitutional crisis.
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Re: Yet Another Trump Win in the SCOTUS

Post by Omar Bongo » Tue Feb 13, 2018 11:47 pm

He's holding a segment of American society hostage to his political pet project. To uproot and deprive someone of their livelihood and property and deport them to a country, language and culture they've never known is cruel and inhuman.

Legality aside, it's morally despicable.
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Re: Yet Another Trump Win in the SCOTUS

Post by Professor Fate » Wed Feb 14, 2018 12:42 am

The Dems are to blame for that. Their refusal to allow enforcement at the border, and their sanctuary cities BS means we'd be right back in the same place in another 20 years. Not gonna happen. The Democrats always said give us amnesty (in the '80s) and we'll address border security later. They didn't.

Fool me once shame on you...fool my twice, shame on me. Not gonna happen again. The Dems have to give, to get.
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Re: Yet Another Trump Win in the SCOTUS

Post by Fordama » Wed Feb 14, 2018 10:19 am

Yeah, it's not like we've ever had a Republican President or Congress. It's the Democrats' fault. All their pro-business cheap labor stances are really to blame.

Blaming Democrats wasn't really too well thought out, was it?
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Re: Yet Another Trump Win in the SCOTUS

Post by Omar Bongo » Wed Feb 14, 2018 5:03 pm

Professor Fate wrote:QR_BBPOST The Dems are to blame for that.
Exactly what Trump was thinking enough idiots would believe...we'll see who's right in November
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Re: Yet Another Trump Win in the SCOTUS

Post by John Q. Public » Fri Feb 16, 2018 7:30 am

Tweet by tweet, Donald reinforces the appeals courts' rulings on his repealing DACA.

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Re: Yet Another Trump Win in the SCOTUS

Post by Wabash » Fri Feb 16, 2018 8:02 am

Professor Fate wrote:QR_BBPOST The Dems are to blame for that.
Lol. The party of personal responsibility reveals their true colors. Demand responsibility for others till something of theirs goes wrong. Then someone else is responsible.
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Re: Yet Another Trump Win in the SCOTUS

Post by John Q. Public » Fri Feb 16, 2018 9:02 am

Can we talk about the topic, please?
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Re: Yet Another Trump Win in the SCOTUS

Post by Omar Bongo » Fri Feb 16, 2018 7:57 pm

Cannot believe how BADLY DACA recipients have been treated by the Democrats...totally abandoned!

Pretty much exposing his own gambit...throw the Dreamers under the House Republican bus and count on people being too stupid to believe their own eyes
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Re: Yet Another Trump Win in the SCOTUS

Post by John Q. Public » Mon Feb 26, 2018 11:26 am

The Supreme Court declines to hear the Justice Department's appeal of the Federal Court ruling preventing enforcement of Trump's DACA repeal, so it's on to the 9th Circuit. They'll likely uphold it, since Trump himself said he supports the rule and he just repealed it for the hell of it, and any appeal of that won't likely be heard until next year - after the election and likely before Congress gets around to actually doing something on it.

I get the impression that the Justices, by not agreeing to skip over the appeals court, think Obama's order was legal, thus saying they don't think there's a legal emergency to justify it.
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Re: Yet Another Trump Win in the SCOTUS

Post by Fordama » Mon Feb 26, 2018 1:23 pm

Trump's inability to not spout off in public or on the internet consistently bites him, his administration, and his party in the ass.
This country of the United States was not built by those who waited and rested and wished to look behind them.---JFK

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Re: Yet Another Trump Win in the SCOTUS

Post by Professor Fate » Tue Feb 27, 2018 2:37 pm

Not the US Supreme Court, but Trump's wall just got a win in California as Federal District Court Judge Gonzalo P Curiel ruled that Trump can waive environmental laws and other regulations to begin construction.

Ironically, this is the same judge, that Trump said was biased against him due to his Mexican heritage. :roll:
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