Monday, June 3, 2024

[U: 06.04.2024] An Unfortunate Politicization: Mr. Biden Does NOT Possess The Power To Suspend Treaties With Any Executive Order. [Neither Did Tangerine.]


UPDATE: Apparently Mr. Biden intends to rely on Section 212(f) of the 1952 immigration act. But as many courts held (back in 2018-20), that section has been substantially modified by later amendments, and court decisions narrowing the permissible constitutional scope of its use, in specific circumstances. The actual EO is not yet available -- so we wait to see it. [But Tangerine's Muslim Ban 2.0 relied on 212(f), and was held an unconstitutional usurping of legislative authority.] So. . . we wait. End, update number 1.

This is a deeply frustrating bit of election year pandering, by my lights. I understand that Mr. Biden feels Team Trump is painting him unfairly -- regarding asylum-seekers. I get that.

But just as I pointed out for six years, here (and every federal court that has ever squarely considered it has held), the Executive Branch acting alone, cannot negate the treaties we've signed, on the treatment of anyone -- no matter where they cross -- if they in good faith make a claim for asylum on arrival or shortly after.

It is possible that Mr. Biden's order will come tomorrow with a finding of a national emergency, and very clear temporary only measures -- but absent those, this is. . . an unlawful proposed executive order. Here's that troubling MSM report, on it -- clearly election year fodder, which will be enjoined in the Ninth Circuit. . . eventually (if the reporting on it is accurate):

. . .The order would represent the single most restrictive border policy instituted by Mr. Biden, or any modern Democrat, and echoes a 2018 effort by President Donald J. Trump to block migration that was assailed by Democrats and blocked by federal courts. . . .


Dammit. This is no way to go. No way. . . at all. Onward -- just the same. We will fight it in the federal trial courts immediately, in the Southern District of California. And we will prevail. There is no reason to offer "optics only" executive orders -- when we know they are unlawful. We as the reasonable party ought to be above this nonsense. Out.

नमस्ते

4 comments:

Anonymous said...

I do agree. The problem is the perception of the voting public. The GOP does not care about rule of law. I think we can agree on that.

When they push the issue, it is a no-win situation for the Democrats. If he does nothing, he is weak on the safety of the country.
The Republicans would drag this on for the election. If he does an Executive order, his own party may take it to court (and win). Biden then looks like a loser. If they don't, the Republicans will make it out as an illegal restriction and milk it for the election.


Either way, because the public doesn't (try) comprehend the real events/situation, the Democrats come out on the weaker side.

I know I've said this before, could you imagine Biden coming out and saying that he is immune to any prosecution and demand the DOJ lock up Trump now~~~what would the country say? What would the Supremes say? But, Trump~~he can go on spreading lies/forcing attacks and very little is done to hold him accountable.



Just venting~~thanks.




condor said...

And you know, my Anon. friend -- you are preaching to the choir here.

I agree 1,000%. I hate that politics have become such a. . . disgusting set of zero-sum games, nationwide.

I feel the only way to win. . . is not to play, at all.

That said, I love the fact that 68% of polled independents think Tangerine both got a fair trial, and that a sentence of some home confinement / weekends in jail would be an appropriate outcome.

Fully 58% of independents feel he should withdraw, today -- from seeking the nomination.

That alone is enough to mean he cannot win in November. . . so then, the ""13th juror" will have spoken.

We will be rid of him, one way or another.

Of course, Mr. Biden will rescind his own lawless executive order, once he's across the election finish line, safely and at the beginning of his second term.

Ugh.

Thanks for listening. . . onward.

Anonymous said...

looking to the stars for some inspiration. Don't know if you saw this:https://blogs.nasa.gov/webb/2024/05/30/nasas-james-webb-space-telescope-finds-most-distant-known-galaxy/

condor said...

Lovely -- it is very good advice, too -- to look up -- to the night skies, on clear nights. . . rather than keep shoving my head, into the dirt of. . . deplorable. . . domestic politics. . .

Thank You!