Wednesday, July 24, 2019

[U, X3 -- TRO-ED!] Just To Be Clear... There Is A Different Case In Washington, DC: USDC Judge Timothy Kelly


Update at 9 PM EDT: TRO now published by the able Judge Tigar. End update.

Nope — no updated graphic until we have the final outcome of today’s hearing — in Oakland.

Media reports are referring to a separate challenge — not the East Bay Sanctuary III case I’m tracking. Our USDC ND CA Judge is Judge Jon S. Tigar, not Timothy Kelly.

Even so, I must remark, relying on NPR reporting, for the quote here -- no part of the applicable US Code, or treaty or Constitution. . . or even the purported Trump "rule" itself. . . allows any judge to say "the greater public interest" is what controls. That framing of his ruling suggests. . . the judge's own personal view of public policy matters. It does not. Not here. All that matters is whether the law [as currently enacted by the Congress] permits it. It does not.

Here's the NPR sourced quote:

. . . ."It's in the greater public interest to allow the administration to carry out its immigration policy," U.S. District Judge Timothy J. Kelly of Washington, D.C., said from the bench. . . .


UPDATED -- 2 PM EDT: Meanwhile in Oakland, The able Judge Tigar just entered this docket note: "Hearing held and argument heard. The matter is taken under submission and the Court shall issue a written order ruling on the motion. Total Time in Court: 63 minutes. . . ."

I’ll have more, later -- but that Judge Kelly quote in blue above -- if accurate -- suggests. . . an egregiously misinformed [or worse, partisan] federal judge. I should note that we may not have a written order and opinion -- until Friday, from Judge Tigar, in Oakland. Onward.

नमस्ते

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