Thursday, August 19, 2021

[U] Young Judge Tipton, With More "I Don't Have Standing" Lunacy (160 Pages Of It!) In Texas, This Afternoon...


Updated @ end of day Friday -- just one elapsed day later, and all just as we predicted, the Biden Administration has already filed its notice of appeal to the Fifth Circuit, along with an automatic stay request. No surprise. Onward; end of updated portion.

This newest case is styled as Number 21-16, in the Southern District of Texas, USDC -- Texas v. US.

Y A W N.

I won't spend any time on it (nor will I publish or link his goofy "opinion"), as like his prior amateurish efforts [Case No. 21-03]. . . it will no doubt be stricken on appeal. His TRO cannot take effect, for 30 days in any event, under the APA.

He purports to allow Texas and Louisiana -- as individual states, to tell all other states in the Union, and the federal government, itself. . . what they may and may not do -- related to migrants and immigration more broadly. [The federal statutes and treaties say otherwise.]

The Supremes have decided -- many times, over the immediately prior 40 years, minimum -- that his view is in error (just search "Tipton" in the box upper left). So. . . sit down, and stop the political carping, from your perch on a federal bench, son. It is all rather dreary and repetitive after a bit. Like months ago. Out.

Nah -- changed my mind. . . so, here are but two links (of dozens) to some actual US Supreme Court-endorsed law:

. . .This “[d]iscretion in the enforcement of immigration law embraces immediate human concerns” -- namely, the severe harms and disruptions that removals cause to immigrants, their families, and their communities. Arizona v. US, 567 U.S. at 396 (2012). The long history of Executive Branch decisions to desist from removals is also sensible given that such enforcement inevitably harms foreign nationals, whose treatment within this country is “[o]ne of the most important and delicate of all international relationships,” Hines v. Davidowitz, 312 U.S. 52, 64 (1941). . . .


नमस्ते

2 comments:

Anonymous said...

A different immigrant case: https://www.huffpost.com/entry/judge-rules-deportation-law-unconstitutional_n_611fa61ee4b0ff60bf7fe304. Fascinating...

condor said...

Thanks so much, Anon.! Yes, and Tangerine used that as a means to immediately drop people on the Mexico side, south of San Diego 2017-2021.


I do believe this nativists' nightmare. . . is all coming to an end.


And, here is that moron USDC Judge Tipton's full-on nonsense -- of 160 pages. Read it only if you want to know what IS NOT the law in the area:

https://whopperlinelie.files.wordpress.com/2021/08/whopper-tipton-specious-opin-08-19-21.pdf

Again, thanks so much!

Onward!