Showing posts with label Ninth Circuit Court. Show all posts
Showing posts with label Ninth Circuit Court. Show all posts

Saturday, June 30, 2018

Child separations are the fault of Bill Clinton and the Ninth Circuit Court of Appeals

As explained here:

In 1997, the Clinton administration entered into a settlement agreement in Flores v. Reno, a lawsuit filed in federal court in California by pro-illegal immigration advocacy groups challenging the detention of juvenile aliens taken into custody by the Immigration and Naturalization Service.

The Clinton administration agreed to settle this litigation despite the fact the Supreme Court had upheld the Immigration and Naturalization Service regulation that provided for the release of minors only to their parents, close relatives, or legal guardians.

According to the Department of Homeland Security, the Flores agreement allows the agency to detain unaccompanied minors for only “20 days before releasing them to the Department of Health and Human Services which places the minors in foster or shelter situations until they locate a sponsor.”

But in a controversial decision, the U.S. Court of Appeals for the 9th Circuit, the most liberal in the country, has interpreted the settlement agreement to apply to “both minors who are accompanied and unaccompanied by their parents.”

In other words,it is the 9th Circuit’s misinterpretation of the Clinton administration’s settlement agreement that doesn’t allow juvenile aliens to stay with their parents who have been detained for unlawful entry into the country.

Of course, if those parents would simply agree to return to their home countries, they would be immediately reunited with their children. So those who come here illegally are themselves to blame for their children being assigned to foster care or to another family member or sponsor who may be in the country.

The executive order signed by President Donald Trump directs the attorney general to file a request with the federal court in the Flores case to modify the settlement agreement to allow the government “to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.”

Of course, the administration’s critics know about this settlement and know it limits the ability of the administration to keep alien families together. 

Wednesday, June 27, 2018

The lesson about Reagan appointee to high court, Anthony Kennedy, who calls it quits July 31

Never appoint anyone from the Ninth Circuit Court of Schlemiels to anything, especially not to the Supreme Court.

Friday, June 23, 2017

California, home of the 9th Circuit which shot down Trump's travel ban, bans travel to 8 states

From the story here:

California is restricting publicly funded travel to four more states because of recent laws that leaders here view as discriminatory against gay and transgender people. All totaled, California now bans most state-funded travel to eight states. The new additions to California’s restricted travel list are Texas, Alabama, Kentucky and South Dakota. They join Kansas, Mississippi, North Carolina and Tennessee as states already subjected to the ban.

Friday, March 17, 2017

Five 9th Circuit judges say fellow 3-judge panel usurped Trump's constitutional presidential rights


Aside from the procedural defects of the process, the five panel jurists then noted the deep legal problems with the panel’s order: its a-historicity, it’s [sic] abdication of precedent, and its usurpation of Constitutionally delegated Presidential rights. Mirroring much of the Boston judge’s decision, the five judges then detail and outline what other critics, skeptics and commentators have noted of the prior panel decision, including critical commentary from liberal law professors and scribes Jonathan Turley, Alan Dershowitz, and Jeffrey Toobin. The original 3-judge panel “neglected or overlooked critical cases by the Supreme Court and by our making clear that when we are reviewing decisions about who may be admitted into the United States, we must defer to the judgment of the political branches.” Of particular note, the five panel judges note how the 3-judge panel decision in “compounding its omission” of Supreme Court decisions and relevant sister Circuit precedents, also “missed all of our own cases” on the subject. The 5 judges conclude the panel engaged in a “clear misstatement of law” so bad it compelled “vacating” an opinion usually mooted by a dismissed case.

Monday, February 13, 2017

Hillary would have turned the entire federal judiciary into the Ninth Circuit Court of Appeals

Michael Goodwin, here:

The activist judges who based their ruling on their liberal politics instead of the Constitution are the same kind she would appoint to the Supreme Court and all other federal courts if she were in the Oval Office.

Thursday, February 9, 2017

If China nukes the NE corner of 7th and Mission Streets in San Francisco is President Trump obligated to retaliate?


Byron York: Both sides ignorant, 60 born in the seven countries in Trump's EO were convicted of terror crimes


Last year the Senate Judiciary Subcommittee on Immigration and the National Interest released information showing that at least 60 people born in the seven countries had been convicted — not just arrested, but convicted — of terror-related offenses in the United States since Sept. 11, 2001. And that number did not include more recent cases like Abdul Artan, a Somali refugee who wounded 11 people during a machete attack on the campus of Ohio State University last November.

So the talking point wasn't true. And yet at the 9th Circuit oral argument, the judges appeared to believe it was true, and Justice Department lawyer August Flentje didn't know enough to correct them.

Monday, February 6, 2017

Republicans should impeach Judge Robart and the whole 9th Circuit Court of Appeals while they are at it

From the story here:

Beyond excoriation Robart needs to be impeached and removed from the bench for judicial incompetence. ...

By going to Seattle and finding a sympathetic liberal-inclined pet judge they accomplished two things: they got their TRO and they put the case into the 9th Circuit Court of Appeals, the largest and most liberal (and most-reversed by the Supreme Court) federal court in the United States, which reacted to a well-formed and legally-sound appeal of the TRO with a one-page ruling rejecting the appeal without any analysis of the case or the law. This was not circumstantial, it was very deliberate tactic on the part of liberal progressive Democrats.

This makes the 9th Circuit Court as much of a co-conspirator in violating the separation of powers doctrine as Robart and the State of Washington are, which is a good reason for the plan to break up the 9th Circuit Court into several smaller courts to move forward. Impeachment of 9th Circuit judges should also begin immediately.