BREAKING: Federal judge in Maryland grants nationwide preliminary injunction against Trump executive order seeking to end birthright citizenship. Judge Deborah Boardman, a Biden appointee, says order is likely 'unconstitutional.' More to come....
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Question is, how do we enforce the laws and judge orders, when the very people who are supposed to enforce the laws and judge orders are the ones who break the laws and judge orders ???
You don't need a law degree to know the president can't amend the Constitution by executive order. A functioning frontal lobe undamaged by repeat blunt force trauma should suffice.
That’s the legal standard for an injunction, and she didn’t hold back in her order saying that the Trump EO “conflicts with the plain language of the 14th Amendment”
Preliminary injunction language always sounds like such weak tea, when it's one of the boldest things. You win at the PI stage, you've likely won the whole thing, if you do your job.
It's because the level of review needed to get a preliminary injunction is much lower than a permanent one.
The timeline for briefing, etc. on preliminary injunctions are much shorter than the timelines for permanent injunctions. Prelim. injunctions are meant to stay the issue until the ...
The Supreme Court precedent is if you are born under “occupied” territory, you can’t claim birthright citizenship. Watch Trump Justice Department argue US cities are under “occupation” by undocumented immigrants. How will the Trump appointed SCOTUS respond to this argument?
Occupied territory refers to territory occupied by the US--US Virgin Islands, Guam, Puerto Rico, American Samoa, and Panama Canal Zone before we gave it back. I guess Canal Zone again and Gaza Strip too if T has his way
Funny story--John McCain was born in the Canal Zone
No, the Wong Kim Ark SCOTUS decision of 1898 referred to US territory being occupied (ie The Mexican Army invades and occupies San Diego. A child born of a Mexican soldier and his wife in occupied San Diego would not be a natural born US citizen). https://casetext.com/case/united-states-v-wong-kim-ark
Yup. I think that’s the motive behind Trump’s language. Every time he refers to undocumented immigrants as an “invading army” it’s to give his blatantly unconstitutional actions the pallor of being in line with the limitations to birthright citizenship established in the Wong Kim Ark SCOTUS ruling.
I suspect that even Alito and Thomas will find a way to rule against Trump, but in a concurring opinion that allows them to clear the way for other anti-immigrant actions.
“Occupation” is clearly a specious argument but Thomas and Alito have been bought and paid for. I have no confidence in handicapping how they would rule.
Anyone else notice that it's only the people with Miss, Ms, and Mrs. before their names are the only one with enough BALLZ to stand up to this shithead?
All these big, macho, tough guys are just emasculated by a 76 year old senile, weak bully.
Good news, but the shit show has moved DECADES beyond this hot button in the past few days. We can’t count on the courts to keep up with the active and fragrantly illegal dismantling of our government.
Our democratic leaders need to have Security stop this NOW.
True, but you'd likely see the same ruling from many Trump appointees, except for a few hacks he appointed at the end.
A number of ruling going against Trump have been by judges he appointed. Because those judges came from the Fed. Soc. list and not just people he was sure would be loyal.
See Brian's comments above. At this point, the judge hasn't rendered a decision on the merits, only found that the Plaintiffs are likely to succeed with their suit. That's the wording used in preliminary TROs.
It isn't a question about "playing nice." That's how TROs work. All TROs. The judge will eventually render a decision on the merits after a full hearing, which is not what happened today, though I doubt the final decision will be any different.
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Thus, the judge is only required to determine if the order is likely unconstitutional.
Finding a likelihood usually foreshadows a ruling on the merits that it was unconstitutional.
"Commentators are falling into a Trump trap and doing his bidding"
They get simplicity when it comes to “shall not be infringed”, but this is somehow lost on these pieces of shit?
It simply is unconstitutional.
Thus, the judge is only required to determine if the order is likely unconstitutional.
Finding a likelihood usually foreshadows a ruling on the merits that it was unconstitutional.
The law certainly uses its own language.
I find it somewhat silly, seeing as there are no merits to the President's case here. But procedure is procedure, and rule of law is important.
The timeline for briefing, etc. on preliminary injunctions are much shorter than the timelines for permanent injunctions. Prelim. injunctions are meant to stay the issue until the ...
That takes years.
If she had gone beyond, it would only make a legal opening for Trump et al in the actual litigation.
There’s a lot to be mad at, but displacing anger is counter productive
Wait until SCOTUS determines how the 14th is unconstitutional.
yeah
Money is withheld by trump for his new golf course and high-rise in Gaza and Greenland
🤔
https://www.bbc.com/news/articles/cx253xjnxrmo
Funny story--John McCain was born in the Canal Zone
you just gave me this transportation
and a bunch of really nice vacations
in this black gown
All these big, macho, tough guys are just emasculated by a 76 year old senile, weak bully.
Be proud, America, be proud...
Our democratic leaders need to have Security stop this NOW.
He's a dolt.
Thus, the judge is only required to determine if the order is likely unconstitutional.
Finding a likelihood usually foreshadows a ruling on the merits that it was unconstitutional.
A number of ruling going against Trump have been by judges he appointed. Because those judges came from the Fed. Soc. list and not just people he was sure would be loyal.
Would you call the Holocaust a picnic?
But, I think we are batting under the Mendoza Line.
I fear the law isn't working.