The irrationality of some Federal District judges is being made palpable by their rulings against the latest Executive Order involving a temporary moratorium on folks from six terrorist- and terrorism-supporting countries. Here’s one example, from US District Judge Derrick Watson in Hawaii:
The illogic of the Government’s contentions is palpable. The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed.
Yet he chose not to explain his own logic, nor did he deign explain the limiting principle he holds underlying this claim. Indeed, he explicitly refused to explain himself:
San Francisco asked a federal judge Wednesday to block President Trump’s order threatening to strip federal funds from so-called sanctuary cities that bar police from enforcing immigration laws.
This suit has a good chance of succeeding. In 1987’s South Dakota v Dole, the Supreme Court ruled (in a dispute over the State’s minimum drinking age and Federal highway funds transfers to the State) that the Federal government cannot withhold already agreed Federal funds from a State in order to coerce State acquiescence with Federal wishes. Funds can be withheld to “persuade,” but the withheld funds must be related to the question at hand rather than a blanket withholding, and the amount withheld cannot be coercive in its size, but only persuasive. Without naming a threshold for the amount, the Court held that the 5% withholding imposed by the Federal government was not coercive.
Recall that President Donald Trump has signed a revised Executive Order that imposes a short moratorium on entry into the US from six (down from seven under his original EO) Middle Eastern countries. Hawaii Attorney General Doug Chin has filed suit in Hawaii’s Federal District Court to try to block this new EO. The EO, Chin claims, will damage Hawaii’s
economy, educational institutions, and tourism industry; and it is subjecting a portion of the state’s citizens to second-class treatment and discrimination, while denying all Hawaii residents the benefits of an inclusive and pluralistic society.
That’s the subtitle of a Wall Street Journal op-ed. The answer should be obvious, too: it would be the height of jingo-ism to assert US government jurisdiction over non-citizens outside our borders—outside, for instance, the 14th Amendment’s subject to the jurisdiction of the US.
Firing into another country at a foreign national, especially one that’s a citizen of the country being fired into, could well be a violation, but that potential would be a violation of a different set of circumstances than the question before the Supremes in the present case, Hernandez v Mesa. That other set of circumstance has to do with international relations, foreign policy, the nature of casus belli, and on and on—and all purely political matters, not legal ones, and so not only a different set of circumstances, but a matter that’s outside the reach of court jurisdiction.
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Does a foreigner on foreign soil have Fourth Amendment rights?
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There’s a new sheriff in Phoenix, the one replacing Sheriff Arpaio, who was defeated in the election last fall. The new cop has withdrawn Arpaio’s policy of holding prisoners for as long as “necessary” for Immigration and Customs Enforcement to come get those flagged for deportation.
I agree. Cooperation with the Feds is a two-way street; the Feds have to work with the locals, too.
[New Sheriff Paul Penzone] won’t hold immigrants flagged for deportation by federal authorities past their release date in a major policy change.
Hundreds of people in the Mexican border city of Ciudad Juarez gathered on the edge of the Rio Grande River on Friday to form a “human wall” to protest US President Donald Trump’s plans for a wall between the countries.
Thanks for the assist, Protestors. As we both know, the wall is necessary—metaphorically if not literally—in order to control our borders, regardless of who pays for it. Just be sure, guys, that you leave openings in it for easy, legal border crossing, just as we intend to do.
John Curtice, writing in The Guardian, in the land where John Locke was borne, seems confused on the question. His proximate piece is his missive on the nature of referenda in Great Britain. He began that piece with a false premise of very large proportion, and that—as false premises are wont to do—set the tone for the rest of his op-ed.
In the Commons debates on Brexit during the last fortnight, many MPs have found themselves voting for something they do not believe in. Instead of being their constituents’ “representative”, they now appear to be no more than the people’s “delegate”.
Some of you may have heard that Judge Robarts, of the Western District of Washington, has issued a Temporary Restraining Order in favor of Washington and Minnesota (which joined the case after its initial filing by Washington) blocking the Federal government from enforcing President Donald Trump’s Executive Order delaying entry into the US of immigrants from seven terrorist or terror-sponsoring nations in the Middle East. The EO was intended to create a pause in the flow of people from that area into the US until our vetting procedures could be examined and improved as much as might be.
The Left’s and the Democratic Party’s carefully manufactured hysteria over President Donald Trump’s Executive Order titled ROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES is at best irritating, but more likely it’s both an embarrassment and a naked continuation of their efforts to delegitimize an election they lost so…unexpectedly.
Here’s The New York Times:
[R]eflect on the cruelty of President Trump’s decision on Friday to indefinitely suspend the resettlement of Syrian refugees and temporarily ban people from seven predominantly Muslim nations from entering the United States.
San Francisco has held itself out as a sanctuary city—a city that will take in and protect illegal aliens from Federal law and Federal law enforcers. Aside from the legal aspects of violating Federal law, this is in keeping with federalism and the 9th and 10th Amendments, and it does not run afoul of Article I, Section 10. Even were such a thing legal, though, it’s a foolish move, but as the motorboat skipper who currently sits in the Secretary of State’s chair has said, in the United States folks have the right to be stupid.