Lawfare

Source Link
Excerpt:

This April, the acting director of the Executive Office for Immigration Review issued a memo clarifying the requirement of immigration judges to effectively manage their crushing caseloads by dismissing legally insufficient applications for protection from removal or for asylum.

This is the most significant action taken by any administration to give immigration judges the tools that all other judges have in their tool kit to dismiss meritless cases on their existing dockets and swat away specious claims in the future.

Take the fact that there are over four million pending cases on immigration review docket, and the fact that, in 2022, about 68% of removal and deportation cases resulted in removal orders, and only about 14% of asylum claims were granted. Based on my conversations with immigration chief judges, if immigration judges do their duty, they could trim the existing dockets by up to 70% and could dismiss over 2.8 million cases.

For over six years, we have been urging the Department of Justice and administrations across both parties to give immigration judges the same tools that all state and federal judges have to manage their dockets. The three tools are summary judgment authority, the ability to dismiss a clearly non-meritorious case based on the pleadings (the written paperwork filed with the court), and contempt authority. See here, here, here and here.

Source Link
Excerpt:

Not a week seems to go by without a rogue lower court judge issuing yet another overreaching edict designed to subvert the will of the American people.

On Monday, an Obama-appointed district court judge attempted to block parts of President Trump’s executive orders ending subsidization of programs promoting DEI and radical gender ideology. On June 5, a different Obama-appointed judge handed down an injunction aiming to halt the Trump administration’s prohibition on international students attending Harvard. A week before that, yet another Obama-appointed judge sought to prevent the president from ending a Biden-era “parole” program for foreign nationals living in the United States.

While these “judges” certainly deserve criticism for rubber-stamping leftists’ lawfare, there’s one individual who deserves primary blame for this concentrated effort to cripple Trump’s presidency via a judicial coup: Chief Justice John Roberts.

Over the past five months, rogue lower courts have issued nearly 200 overreaching injunctions and temporary restraining orders attempting to prevent Trump from fulfilling his Article II obligation to execute the nation’s laws. And yet, despite this egregious usurpation of constitutional authority, the Supreme Court’s leading justice has done nothing substantive to stop it.

Source Link
Excerpt:

Real constitutional crises are relatively rare in American history. In 1803, Chief Justice John Marshall could have sparked one with his decision in Marbury v. Madison. In it, he deftly asserted that the Supreme Court had the power to invalidate laws or actions it saw as unconstitutional. That assertion didn’t cause a crisis in the fledgling nation mainly because it came in a decision that supported the Jefferson administration, and as such the president was not inclined to protest.

Then of course there was President Franklin Roosevelt’s court-packing scheme in 1937. In 1936, in the face of continuing 5-4 decisions going against his New Deal legislation, FDR’s Attorney General Homer Cummings proffered an idea penned by one of his predecessors in 1914, James Clark McReynolds: for every justice older than 70, a new justice should be appointed. Ironically, in 1936 McReynolds was a 75-year-old associate justice.

FDR’s legislation died in committee, but it would likely not have survived even if it had made it out of committee as it faced a great deal of bipartisan opposition. But it didn’t really matter because Justice Owen Roberts, who had been a thorn in the side of much of the New Deal legislation, joined the leftists in upholding West Coast Hotel Co. v. Parrish in 1937 and became a relatively reliable New Deal supporter going forward.

Source Link
Excerpt:

It’s riot season again in America. Well, at least in the Democrat run cities, where progressive billionaires fund their progressive activism through progressive NGOs, knowing that a progressive media lacks any self-respect to report honestly. Out in real America (aka the suburbs), we kick back and enjoy the content. Like this Dallas video, where a cop tries to have a conversation with a masked protester. SPOILER: The protester is an imbecile.

Everyone has their favorite genre of content. Some people prefer the outrage over seeing foreign flags flying over a gathering meant to affect American policy. Others go with the looting, where city folks show how much they care about marginalized communities by stealing sneakers made by slave labor from those marginalized communities. We here at the Louder with Crowder Dot Com website? It’s all about what epic failures at life those cosplaying on the ground are.

Kudos to this police sergeant who attempted to reason with Chester the Protester. Chester’s parents should request a refund for his college tuition.

Chester: As long as you feel ok with capitalism, racist, imperialist state.
Sarge: Do you even know what that means?
Chester: Yes b*tch, I’m in college.