How long before this judge, another trump appointee, is shunned?

berg80

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A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place​

Despite the reams of documents, hours of hearings and the unlawful expulsion of Venezuelan detainees, no judge had ruled on whether the Trump administration can even apply the Alien Enemies Act to these alleged gang members — until Thursday.

U.S. District Judge Fernando Rodriguez Jr., a Trump appointee in the Southern District of Texas, ruled that the administration’s contortion of the law — meant to spring to life when a “foreign nation or government” is carrying out an “invasion or predatory incursion” into the United States — went far beyond its scope. The Trump administration has argued that the Venezuelan government, through alleged members of the gang Tren de Aragua, is “invading” the United States.

“The historical record renders clear that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms,” Rodriguez wrote. “As a result, the Court concludes that as a matter of law, the Executive Branch cannot rely on the AEA, based on the Proclamation, to detain the Named Petitioners and the certified class, or to remove them from the country.”


A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place

Despite the reams of documents, hours of hearings and the unlawful expulsion...
talkingpointsmemo.com

The clock is ticking on how long it will be for trump fans to throw this trump appointee under the bus.
 
SCOTUS has already rued they have habeas corpus available.

There is no such thing as class action for habeas, as each individual must apply and be addressed individually, so he made new law.
 
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A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place​

Despite the reams of documents, hours of hearings and the unlawful expulsion of Venezuelan detainees, no judge had ruled on whether the Trump administration can even apply the Alien Enemies Act to these alleged gang members — until Thursday.

U.S. District Judge Fernando Rodriguez Jr., a Trump appointee in the Southern District of Texas, ruled that the administration’s contortion of the law — meant to spring to life when a “foreign nation or government” is carrying out an “invasion or predatory incursion” into the United States — went far beyond its scope. The Trump administration has argued that the Venezuelan government, through alleged members of the gang Tren de Aragua, is “invading” the United States.

“The historical record renders clear that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms,” Rodriguez wrote. “As a result, the Court concludes that as a matter of law, the Executive Branch cannot rely on the AEA, based on the Proclamation, to detain the Named Petitioners and the certified class, or to remove them from the country.”


A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place

Despite the reams of documents, hours of hearings and the unlawful expulsion...
talkingpointsmemo.com

The clock is ticking on how long it will be for trump fans to throw this trump appointee under the bus.
Who'd have thunk it--Texas stands up~

Now let's fast-track this to the SCOTUS--and we'll see just how law-abiding the fringie Right really is!
 
Take your pick. They all say the same thing.


Common sense tells you that a president can't use war powers when there is no war.
 
Meh, we'll go right on deporting the scum under the act and you will do jack shit about it.
LOL@'we'!
1)You ain't deporting anyone or anything....and....2) I really wish they would.
After all, impeachment does require some High crimes, right?
Ignoring a SCOTUS ruling would fit the bill nicely.
 

A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place​

Despite the reams of documents, hours of hearings and the unlawful expulsion of Venezuelan detainees, no judge had ruled on whether the Trump administration can even apply the Alien Enemies Act to these alleged gang members — until Thursday.

U.S. District Judge Fernando Rodriguez Jr., a Trump appointee in the Southern District of Texas, ruled that the administration’s contortion of the law — meant to spring to life when a “foreign nation or government” is carrying out an “invasion or predatory incursion” into the United States — went far beyond its scope. The Trump administration has argued that the Venezuelan government, through alleged members of the gang Tren de Aragua, is “invading” the United States.

“The historical record renders clear that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms,” Rodriguez wrote. “As a result, the Court concludes that as a matter of law, the Executive Branch cannot rely on the AEA, based on the Proclamation, to detain the Named Petitioners and the certified class, or to remove them from the country.”


A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place

Despite the reams of documents, hours of hearings and the unlawful expulsion...
talkingpointsmemo.com

The clock is ticking on how long it will be for trump fans to throw this trump appointee under the bus.
Lower court rulings are of little value.

Bug should know this.

But bug doesn’t care to be honest.
 
Okay, after some reading, the order is limited to the District it was given in.

And the judge offered the Administration a way to rewrite the Proclamation that would satisfy the court.

Other matters not reported in the OP as well as far as the ruling.

He is incorrect as to class action, apparently making new law, which will not stand scrutiny.
 
U.S. district court judges are not part of ICE. They have no say. It's actually a 'contortion of the law' to try to limit the Executive branch's stated due process with regard to immigration.
 

A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place​

Despite the reams of documents, hours of hearings and the unlawful expulsion of Venezuelan detainees, no judge had ruled on whether the Trump administration can even apply the Alien Enemies Act to these alleged gang members — until Thursday.

U.S. District Judge Fernando Rodriguez Jr., a Trump appointee in the Southern District of Texas, ruled that the administration’s contortion of the law — meant to spring to life when a “foreign nation or government” is carrying out an “invasion or predatory incursion” into the United States — went far beyond its scope. The Trump administration has argued that the Venezuelan government, through alleged members of the gang Tren de Aragua, is “invading” the United States.

“The historical record renders clear that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms,” Rodriguez wrote. “As a result, the Court concludes that as a matter of law, the Executive Branch cannot rely on the AEA, based on the Proclamation, to detain the Named Petitioners and the certified class, or to remove them from the country.”


A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place

Despite the reams of documents, hours of hearings and the unlawful expulsion...
talkingpointsmemo.com

The clock is ticking on how long it will be for trump fans to throw this trump appointee under the bus.
He will be labeled a "RINO" or "activist" any second now.
 
Who'd have thunk it--Texas stands up~

Now let's fast-track this to the SCOTUS--and we'll see just how law-abiding the fringie Right really is!


The order applies only to that district the court is in, nowhere else.

There is no such thing as class action for habeas, he just made new law, which will get tossed on appeal.
 
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Okay, after some reading, the order is limited to the District it was given in.

And the judge offered the Administration a way to rewrite the Proclamation that would satisfy the court.

Other matters not reported in the OP as well as far as the ruling.

He is incorrect as to class action, apparently making new law, which will not stand scrutiny.
Yeah, these Marxie tools always truncate the truth.
 
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