Supreme Court Delivers New Rebuke to the Biden Administration in Reinstating the “Remain in Mexico”

The Biden Administration has racked up a long line of losses in federal courts in what is one of the worst records in the first six months of any modern presidency. While most Administrations tend to minimize such test cases to avoid creating bad precedent, the Biden Administration has litigated with an utter abandon — elevating political over legal considerations in litigation. The latest is one of the most disturbing. This week the Supreme Court ruled 6-3 to strike down President Biden’s renewal of the controversial eviction moratorium.  It was the second time that a majority of justices declared the moratorium as unconstitutional but, as in other areas, the Biden Administration has become openly and chillingly dismissive of such legal considerations.

The unconstitutionality of the moratorium was never in serious doubt but Biden admitted that he ignored the advice of his own White House Counsel and virtually all of legal experts consulted by the White House.  At the urging of Speaker Nancy Pelosi, Biden then called Harvard Professor Laurence Tribe who reportedly told him that he could go ahead with a new order even though a majority of Supreme Court justice previously declared it unconstitutional.  In following Tribe’s advice, the Biden Administration increased the justices rejecting the basis for the moratorium from 5 or 6 members.

In the prior decision, the Court ruled 5-4 decision in Alabama Association of Realtors v. Department of Health and Human Services to keep the CDC moratorium in place but five of the justices noted that the CDC order as unconstitutional. Surprisingly, Justice Brett Kavanaugh (who supplied the fifth vote in favor of the CDC to allow the law to simply expire in a few days rather than strike it down) stated that the order was unconstitutional due to the lack of authority for the CDC to issue such moratoriums.

Yet, Democratic members and groups pressured Biden for a new extension of the moratorium. In a shockingly frank press conference, Biden admitted  “The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster.” However, he added that he was able to find “several key scholars who think that it may and it’s worth the effort.” Biden admitted that it was “worth the effort” because they could try to get money out the door before being declared by the courts as acting unlawfully.

Many of us opined at the time that “several key scholars” was likely one scholar: Tribe. So soon thereafter, the Biden Administration issued the order and both the trial and appellate courts stated the obvious that the order was clearly unlawful. Undeterred, the Biden Administration appealed to the Supreme Court which declared that it was “virtually certain” that the order would be struck down for the various reasons stated by many of us, including Biden’s own White House counsel.

Biden expressly discarded with the constitutional considerations in favor of political expediency, even though it meant spending massive federal funds without legal authority. It is a lawless attitude that becoming a signature for this Administration. The Administration has continued to unilaterally end policies without complying with federal laws despite equally clear authority from the Supreme Court. Recently, the Administration was reversed by the Supreme Court in ending the Trump “Remain in Mexico” (RIM) policy along the Southern Border. The lower court found that Biden violated the Administrative Procedures Act (APA) in taking the action without satisfying federal requirements for a full consideration of objections and countervailing facts. It is the same basis that Democrats used to successfully challenge some Trump immigration policy changes.

When the APA attack was used against the Trump Administration, I wrote that Democrats might regret the effort when the same attack is used against a successor Democratic president. Now it has. The response has been . . . well . . . Trumpian. The media and Democrats (who previously celebrated this very legal challenge) are denouncing its use as raw partisanship by rogue judges.  New York City Mayor Bill de Blasio attacked the Supreme Court as a “group of right-wing extremists” for the ruling.  Despite a term marked by notable unanimous and nonpartisan decisions by the justices, law professors and liberal commentators resumed calls to pack the Court with an immediate liberal majority to dictate better outcomes.  After the decision on the eviction moratorium, former Secretary of Labor Robert Reich demanded the resignation of Justice Stephen Breyer in addition to packing the Court.

On CNN, host Jim Sciutto lashed out at the justices who upheld the lower court and reinstated the policy: “Explain to me how — the Supreme Court is supposed to be on principle and precedent. How can you have conservative justices who for years have been talking publicly about the president has these powers, we respect and support a broad executive power. How do they manage that?”

The problem is that the Court previously ruled in the same way against Trump. In 2020, Chief Justice Roberts voted with four liberal justices to block Trump’s effort to suspend the Deferred Action for Childhood Arrivals (DACA) program unilaterally put into place by President Barack Obama. While Scuitto lashed out at the conservatives for supposedly switching their views for political reasons, he entirely ignored the three justices who voted to block Trump’s anti-DACA policy on the same grounds that they rejected in reviewing Biden’s anti-RIM policy.

Biden’s disregard for such legal authority has become manifest in other areas. Recently, Biden made an astonishing pledge that he would effectively subsidize any teachers who defied state orders barring mask mandates in states like Florida and Texas. The President declared that, if any teacher faced a cut in pay, “the money from the American rescue plan can be used to pay that person’s salary 100%.”  That is an unprecedented promise to effectively indemnify the violation of state law or orders by a president. It is not clear if Biden thought out the implications of his promise since it could force the federal government to effectively take over large part of the state educational budgets. Likewise, if a teacher is fired, will Biden pay an effective pension in return for defying the Florida law.

What is most worrisome about these moves by the Biden admission is that they are neither subtle nor defensible. They are acts in open defiance of the existing law or recent rulings of the Supreme Court. After running on returning the country to strict adherence to “the rule of law, our Constitution,” Biden is honoring that pledge primarily in the breach.

A version of this column ran on Fox.com.

136 thoughts on “Supreme Court Delivers New Rebuke to the Biden Administration in Reinstating the “Remain in Mexico””

  1. Turley says:

    “the Biden Administration has become openly and chillingly dismissive of such legal considerations.”

    Say what you will about Biden’s lawyers, one thing you can’t say is that they are facing disbarment for perpetuating a fraud on courts of law like Trump’s lawyers!

    When the News broke, Turley merely tweeted:

    “Powell, Giuliani, Wood, and others were just sanctioned by a Michigan judge who referred the matter to the bar disciplinary officials. http://cdn.cnn.com/cnn/2021/images/08/25/parker.opinion.in.powell.wood.sanctions.case.pdf”

    The district court judge’s opinion is so damning and overwhelming that Turley has not taken issue with it. When Giuliani’s law license was suspended by a court, you may recall that Turley criticized the court for doing so BEFORE Giuliani had his disbarment hearing. HOWEVER, Turley conceded that it was likely that he would ultimately lose his license to practice.

    See the difference?

  2. Biden has said that he graduated law school with honors and at the top of his class…both lies. This man never did his homework, he lies, he is lazy and I am afraid he isn’t very bright. How smart would you think someone is when that person lies moronically and in ways that are easily verifiably proven to be false? He says he was arrested in SA going to see Nelson Mandela. Lie. He said he graduated with honors. Lie. He said he came from a coal mining family. Lie. Does anyone really believe the Corn Pop story? Now he is telling us that there was a CONSENSUS to abandon Bagram AFB. Does anyone buy that?

    The man is a moron, he was a moron when he was young and now he is a moron with dementia. He lies, he cheats and he steals. He is not a “nice guy”, he is a bad guy.

    Having seen this disaster unfold Biden has lost the people and he will not get them back. Reagan slipped up but his likeability, his charm and his obvious goodness, ALONG WITH HIS POPULAR POLICIES, let him recover and remain very popular. Bill Clinton messed up but he he had charisma and charm and brains and A MODERATE SECOND TERM WITH POLICIES THAT PEOPLE COULD BUY INTO and he recovered some degree of popularity with the people. Obama could mess up and with his charm, brains and charisma and his SEEMEINGLY moderate opinions he would always remain popular. Joe Biden has zero charisma, zero brains, no charm and he is promulgating policies that are far to the left of the general population. The guy will never get it back. He may get back to 50%, but he is a national joke and he is done politically.

    PS. Where has Jill been? For 6 months we never saw Joe without Jill at his side, suddenly she has disappeared.

    1. Unfortunately everything you have said is true. Get ready for the ” What about Trump ” defense.

        1. YES!!! I am a conservative. Not a Trump fan. If any Republican has any credibility they have to abandon the
          ” stolen election ” narrative. Now in cases like Pennsylvania the voting laws were changed without legislation. That was wrong. Not saying the result would have been different. And stop with the ” audits”. Those are political losers. How about both parties run on philosophy?

          1. Paul,

            Agreed!

            But you do realize what it means making peace with the enemy- me. I’m afraid you just have made some very powerful enemies on this blog. I would duck if I were you!

            1. Jeff, I absolutely NEVER considered you the enemy. And I can respect someone with whom I don’t agree with on everything. I am a big respect guy.
              And as far as making powerful enemies, BRING IT ON!!!

  3. What border will he return all the Afghans who did not help the military and are just bum rushing onto aircraft? Most follow Sharia law, how is that going to work out in the US? Talk about FUBAR.

      1. Young-I just surfed some articles and your correct. What will come of our nation?

    1. They can follow sharia law here if they want to. Just like Jews following the Torah of Catholics following their own rules. Isn’t that the whole point of religious liberty?

      1. Sharia is illegal in Oklahoma, but thestate/we will only prevail arguing against Sharia, as it is a form of Govt, not a religion, which is anti-USC/OK State Con.

        It’s already becoming a problem even here.

        There is no way for a reformation of Mohammad’s Islam.

      2. Svelaz –

        Can Aztecs follow their religion and do human sacrifice?

        Can sharia law allow a woman to be beaten by her husband in the US? How about marrying children?

        You shouldn’t need help with those questions.

        1. “Can Aztecs follow their religion and do human sacrifice?”

          Apparently, those Aztecs are in charge of the Afghanistan exit.

        2. Young, the Aztecs don’t exist anymore.

          Sharia law is no different than biblical law here. In the Bible it says adulterers must be stoned to death. Wives must be subservient to husbands, beat your kid with a rod etc. Do Christians do that here? Obviously not but they are allowed to practice the milder parts of their law. Practicing sharia here would be the same. Those wishing to abide by sharia cannot force others to follow it too just as Christians can’t force others to abide by their own laws. There’s absolutely no difference.

          1. Svelaz– Actually there have been attempts to enforce sharia in violation of American laws in this country. Mostly out of sight in family relations, including divorce and spousal abuse, FGM, and in some cases honor killings. There have been others. It has become worse in Europe.

            One almost invisible practice has to do with medical confidentiality and informed consent. Doctors in areas with Muslims will see women come in with their husbands demanding to know all and consent to any treatment plan. In one instance I know of a female doctor who usually saw Muslim women was on vacation when one of her patients became seriously ill. Her husband refused to allow her to see a male doctor and she was very sick when the female doctor returned. That is serious and dangerous spousal abuse but because of many people with your notions of ‘tolerance’ it is seldom addressed officially.

            You are bright and I wonder how you come to assert clearly wrong claims with such confidence.

            1. Young,

              “ Svelaz– Actually there have been attempts to enforce sharia in violation of American laws in this country.”

              Christians have been trying to do that here for decades too. Demanding same sex marriage be banned because the Bible says it’s wrong, remember that? How about interracial marriage? Banning it because they say it’s wrong according to the bible.

              How about banning alcohol? Christian zealots managed to force a constitutional amendment to ban alcohol. Sunday sales of alcohol?

              How about seventh day Adventists forbidding their members from doing blood transfusions or taking their kids to the doctor for medical treatment because prayer is more effective?

              Many Christian laws or biblical dictates have been attempted to be enforced here by declaring religious liberty and freedom. Right?

              Sharia law is the same principle. If they wish to practice some forms of it or another they have the exact same religious liberty and freedom to do so as Christians do with their own rules. Oklahoma’s anti-Shari law is certainly unconstitutional. The only reason they still have it on the books is it’s inability to enforce it. Calling it a political ideology is a poor argument. Christian mandates against homosexuality, marriage, moral vices, etc are just as politically motivated as sharia is when they use them to dictate policies for everyone.

              Just because their rules, just like Christian ones, have some serious problems with our own secular laws doesn’t mean they are going to be allowed. Seventh day Adventists have been prosecuted for child abuse when they have harmed their children by not taking them to the doctor.

              Ultra Orthodox Jews in New York still performing traditional circumcision by pulling the foreskin with their mouth and giving the child heroes have been prosecuted.

              Sharia law can be limited just like any other religious laws here.

      3. “They can follow sharia law here if they want to.”

        No they can’t — anymore than the mafia can follow gangster law, if they want to. America is a nation of laws, not of warring tribes.

    2. And what about Hasidic Jews who follow Hebraic Law and refuse to assimilate to Western culture? They attend their own Talmudic schools and largely distance themselves from modern society and isolate within their own strictly ultra-Orthodox communities?

      1. Jeff- “what about Hasidic Jews who follow Hebraic Law and refuse to assimilate to Western culture? ”
        ***
        Do they do honor killings? Do they have slaves as some Muslims in the US have been caught doing? Do they ….? Oh well, you get the idea.

        You sound a little bit antisemitic. Don’t plead your usual ‘I am a Jew’. So were the sonderkommandos. Contempt for Judaism is a not unusual attitude among ‘woke’ Jews in this country, unfortunately.

        1. Young,

          I was being facetious in order to demonstrate your hypocrisy in whining about Shariah Law while ignoring Hebraic Law.

          I don’t want subcultures to assimilate. I’d rather see Hasidic Jews walking to shul on the Sabbath or get stuck behind an Amish man travelling by horse and buggy on a 2-lane roadway than seeing redneck, white trash Trumpists storming the Capitol.

          1. Jeff — You missed the part where I said Jews don’t hold slaves or do honor killings.

            I get why some Jews become agnostic but I don’t get why they suddenly love Islam…some sort of masochism there it seems. Sharia and Muslim culture are not particularly in love with Jews and Judaism and if you paid attention you would learn they are not shy about saying so.

            1. Young,

              Are Muslims holding slaves in the U.S.? If so, where? And how many honor killings are committed each year in the U.S.?

              I’m an atheist. To me, all religion is irrational, but you are free to believe any nonsense you wish, not unlike Trumpists like Ted Nugent who believes Trump was sent from God. Even Turley could not resist calling this Trumpist a “true lunatic.”

              1. Silberman- That was a bizarre diversion. Nobody cares that you are an atheist. I surely don’t.
                Big deal. You are trying to escape from the fact that Muslim behavior is different from that of other belief systems. There have been news accounts of honor killings and slavery in the US and they are not perpetrated by Jews, Christians, Buddhists, Sikhs or others. They almost always involve Muslims. A few years ago over in Phoenix there was a particularly horrific honor killing of a girl who was held down by her mother while she screamed as her father murdered her. The parents claimed the girl attacked them but the FBI had the house bugged and caught it on tape.

                In France and parts of London attacks on Jews by Muslims are becoming frighteningly common.

                Why do you pretend to defend a belief system that hates you?

                1. Young,

                  I’m not defending Islam; I have said repeatedly that ALL religions are a bunch of hooey! Christians had been hating Jews as Christ-killers for a couple of centuries before Muslims began hating them as infidels.

                  In the US, I am more worried about Christian Dominionism than Islamism.

                  1. Silberman–I have said repeatedly that ALL religions are a bunch of hooey! ”

                    Me: It isn’t the belief that’s the problem; it’s the behavior.

                    Silberman– “In the US, I am more worried about Christian Dominionism than Islamism.”

                    Me: I get it. You are Christopher Wray..

                    1. Young,

                      I agree with you wholeheartedly that behavior is far worse than belief, but bad belief as in “the election was stolen” leads invariably to bad behavior like storming the Capitol.

                1. Young,

                  One reported incident 5 years ago. Is that all you got? And on the strength of that, Muslims should be denied entry into our country unless they denounce their faith?

                  1. Silberman -“One reported incident 5 years ago. Is that all you got?”
                    ***
                    Me: “There have been a number of stories like this over the years.”

                    You are willfully blind.

                    1. Jeff,

                      Small mind.

                      Small criticism. Name calling.

                      Don’t care.

                      Doesn’t your admitted fear of Christianity make you a bigot?

                      I think it does. I think it does.

                      An irrational one at that. Christians, Jews and Buddhists don’t stone anyone. Muslims still do.

                      Funny you can’t grasp the difference.

                      Go to Afghanistan. I think the folks there might be able to give you an enlightening demonstration if you still need it.

                      I don’t recommend that you try it though.

                    2. Young,

                      Muslims? Did I win? What’s my prize for the correct answer?

                      Now, maybe you can explain the Blood Libel perpetuated by Christians which led to centuries of Pogroms and the Inquisition against heretics?

                      I agree that fundamentalist Muslims need to have a long overdue reformation, but Christians have no moral standing to lecture Muslims. The Jews have such standing since they have been the victims of Christian and Muslim persecution.

                    3. Young, the point that you’re missing is that Muslims who follow sharia are just as picky with how they follow their rules as Christians who have just as horrible rules and punishments that are required by their respective books.

                      The Bible has plenty of horrific mandates that some religious zealots wish or have no trouble bringing back. The only reason many use the same kinds of rules in sharia is to use them as an excuse to preventing them from settling here. Whatever happened to our ideals of religious liberty? Is that only exclusive to Christianity in this country?

                      It’s quite hypocritical to cite sharia when the Bible has rules just as ridiculous. Christians pick and choose which rules to follow. Muslims do too. Or are you inadvertently pointing out that Muslims are more devoted to their religious values than Christians because they don’t deviate from their own rules like Christians?

  4. The President of Mexico says that “Remain in Mexico” won’t last much longer. He is making it clear that you will not remain in Mexico and you will be sent back to your home country. The Mexican people don’t feel that it is there obligation to support those entering their country illegally. Mexico, build that southern wall.

    1. Help me out. I thought I had read that international law laid out requirements for asylum seekers. One was they seek asylum to a contiguous nation. Traversing Mexico to get to the US, should not be allowed. They should seek asylum in Mexico. Of course poverty is not a legitimate cause for seeking asylum, regardless.

  5. EMPLOYER LIABILITY FOR THE JAB

    I was wondering about this and thought it a serious possibility.

    OSHA says that if an employer mandates the jab and serious injury results the employer may be facing a costly worker’s compensation claim. I am not sure I would entirely rule out ordinary tort liability either.

    The drug companies may skate, but the employers maybe not. Something to think about before they virtue signal by experimenting on their employees. Don’t take Biden’s advice for anything.

    https://dreddymd.com/2021/05/20/osha-drops-bombshell-employers-who-mandate-covid-vaccines-may-be-held-liable-for-any-adverse-reaction/

    1. Young, that’s a hilarious article.

      The fact that the COVID vaccine is no longer experimental pretty much makes any liability moot.

      Furthermore, nobody is being forced to take the shot at all. What employers ARE offering is a choice. They can choose to get vaccinated or choose to look for employment elsewhere. If they really don’t want to get vaccinated their employers are not obligated to retain them.

      The article only mentions OSHA’s for recordable incidents. Not liability.

      1. (The fact that the COVID vaccine is no longer experimental pretty much makes any liability moot. )

        What you saw was meant to be misleading or fraud by the govt/big pharma. Go back & reread what was written by those aholes.

        At least another lawsuit will be filed Monday over the matter.

      2. Svelaz– “The fact that the COVID vaccine is no longer experimental pretty much makes any liability moot.”
        ***
        There are two versions of the vaccine. The one that is available in quantity is still under emergency use. The one approved for the most part isn’t easily obtained just yet.

        Imagine you are required to use a particular piece of equipment on your job and it injures you. That’s a work comp injury. A lot of things you don’t realize qualify for work comp turn out to be. If you consent to the jab as a work requirement you aren’t consenting to be hurt, only to be vaccinated but if injury or death occurs it may well be an eligible claim.

        As for the approved version of the vaccine liability is not moot. Approval moves it from the experimental category for which drug companies have protection from liability into the category of any other product for which product liability exists. Approved drugs have to pay for liability all the time. There is a huge class action regarding approved opioids in settlement right now.

        I am far from certain how the vaccine liability will pan out, but if I were an employer I would be wary of demanding my employees get it until my risks were more clear..

        1. By the way, does immunity for emergency use vaccines extend beyond drug companies and to employers who mandate it? Maybe. I am not sure. But if it does why would you want to take an experimental substance for which nobody will take responsibility if it goes wrong? Approved drugs aren’t like that.

        2. Young, the pfizer vaccine is the most widely used in the U.S. being approved makes it harder to sue them because of the extensive data and research that went into making it.

          After literally billions of doses already administered the cases of serious injury have been less than 1%.

          But again, no one is being forced to be vaccinated. What everyone is being forced to do is make a choice, and entirely personal responsibility, take the vaccine or not. If one chooses not to take it their choice comes with the consequence of not being able to work at your current employer and now have the choice to go somewhere else. An employer is not legally required to retain you. They can set the rules for being employed just as requirements to have a degree or certain knowledge. But that isn’t a guarantee that you should be hired.

          The risks are much lower for the employer than it is for the employees. An employer can put the burden of being unvaccinated on the employees by charging them more for insurance like some airlines have done or not paying for sick leave due to covid anymore.

          The class action on opioids have to do with a drug company deliberately encouraging people to use an addictive drug for profit. Pfizer has no such incentive because the drug is not addictive and vaccinating more people puts them at a disadvantage later when the virus is under control.

      3. Svelaz– Okay, you may not be familiar with the terminology. Calling an injury ‘work related’ is saying it constitutes a worker’s compensation claim. When OSHA says a reportable injury from an employer-mandated vaccine is ‘work related’ they mean it is a legal claim. Employer beware.

        1. Young,

          “ Until now, OSHA required an employer to record an adverse reaction when the vaccine was required for employees and the injury or illness otherwise met the recording criteria (work-related, a new case, and meets one or more of the general recording criteria). OSHA has reversed course and announced that it will not require recording adverse reactions until at least May 2022, irrespective of whether the employer requires the vaccine as a condition of employment. In its revised COVID-19 FAQs, OSHA states:

          DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. We will reevaluate the agency’s position at that time to determine the best course of action moving forward.”

          https://www.bmdllc.com/resources/blog/employer-liability-for-covid-19-vaccine-side-effects/

  6. Biden should have learned a lesson from Trump’s missteps. The American people can recognize when a President thinks he is a king rather than a servant of the people. It’s a common problem of men with overgrown egos. A trail of one term Presidents have been the ultimate result. A lack of humility is a trait despised by the people. Nevertheless, Biden is claiming his crown much to early and much to often.

    1. Ahh yes, Jimmy Carter – egomaniac. FDR, humblest guy out there.

      Trump lost because the media told you to vote for biden and you believed it, enjoy your reward.

      1. Bobneil, I voted for Trump but I also recognized that he made mistakes while in office. I weighed the totality of his Presidency when I voted for him a second time. Trump is not a man of humility but Biden’s years in politics have overly inflated his sense of entitlement. He carries on even when his own advisers tell him that something is unconstitutional. The founding document of our nation means nothing to him. His crown is many times larger than Trumps. A wise man once said “when your in a hole stop digging”. The working man that Biden considers himself to be a champion of can’t understand why he just won’t put down the shovel. It’s a commonly seen occurrence when viewing an apprentice. Maybe excusable by an apprentice but not by an old salt.

  7. Many media networks or newspapers are throwing rocks at Biden for every single thing he does or says.

    1. Where were they a year ago? Oh right, he was different then… You’d think that covering up for Ukraine and his boy with solid policy critiques would have been easy, but no. They were singing for their supper.

      Now, the media is trying to salvage any shred of legitimacy it can. They have been tainted by the left and are reaping the only reward flunkies get, disgrace.

      They’ll have a different tune this time next year, though. Because no one is really buying what they’re selling now, so they’ll need the capital infusion.

    2. And deservedly so. The more rocks thrown at this dumber than the box the rocks come in wet noodle …the better.

    3. When will they say it? He is diminished and unfit for office. He cannot form a cohesive thought nor can he answer real questions.

      It is time to let the comedians and old style shows like SNL let loose on him.

      Who is really running the show?

  8. Just heard the President of Mexico say that the “remain in Mexico” policy could not last very much longer. So, Biden will get his open borders, regardless of what the law or SCOTUS say.

    1. The policy was negotiated by the author of “The Art of the Deal.” not by the silver spoon brigade at State.
      It was a win/win proposition for Mexico as well as America. It was anchored by the ‘diplomacy through trade’ philosophy. Biden and the State dept show through decades of failure, they are incapable of negotiation.

  9. “Where I come out as a businessman, I will take the devil I know over the devil I don’t know anytime of the week,” BET founder Robert Johnson said of the presidential race, adding he doesn’t know what Biden will do

  10. i will always remember Obama refusing to issue drilling permits in the Gulf of Mexico, after SCOTUS ruled his pause on permits could only be temporary, and SCOTUS said temporary had expired and permits must be processed. Obama ignored the ruling for another 6 months. But Obama never mean tweeted

  11. Professor Turley, I’m not an attorney. However, from reading this post, and also thinking about what is going on at the border and enforcement of laws there, are these not impeachable offenses? He is openly defying laws. If the president is not carrying out the law, which is his duty, and actually subverting the law, seems to me impeachment is at least a viable consideration.

    1. Turley has said heretofore that Biden’s conduct to date is NOT impeachable.

  12. “Supreme Court Delivers New Rebuke to the Biden Administration in Reinstating the ‘Remain in Mexico'”

    – Professor Turley
    ______________

    The anti-constitutional Supreme Court should have upheld the legal cases proving election fraud in key states, facilitated the denial of election certification of Electoral College votes by Congress on January 6th, returned those votes to the States, and “reinstated” Donald J. Trump as the actual and de facto President of the United States.

    The singular American failure has been the judicial branch, with emphasis on the Supreme Court, since 1860 when it failed to “rebuke” and strike down every unconstitutional act of “Crazy Abe” Lincoln making America an anarchistic Frankenstein – but one glaring example being the fact that all freed slaves must have been immediately deported, as citizens were required to be “…free white person(s).”

  13. “While most Administrations tend to minimize such test cases to avoid creating bad precedent, the Biden Administration has litigated with an utter abandon — elevating political over legal considerations in litigation.”

    Multiple losses in the court system did not deter those wishing to contest the election results.

    1. You’re either new here or you know and deny that Turley pointed out every time Orange Man was on the wrong side of the law including his claiming he won the election.

      1. Not true. Turley has NEVER condemned the Big Lie nor denounce Trump for continuing to pronounce it at his rallies. Turley is as silent as the grave.

  14. You don’t have to read between the lines with Biden. He is nakedly inept and desperate, and this comes out with refreshing candor. His “legal experts” is a classic. He doesn’t care about losing from SCOTUS as long as the Dems base gets to see how much he “cares” about them. Let’s face it: the country is still under their domination no matter what the Court does.

  15. The formula for Progressive governance is to envision an outcome and then plow through every check and balance to get there. The carnage left in the wake is simply collateral damage. Biden’s Afghanistan strategy is the perfect example.

  16. Why do conservatives worry about the Left disregarding the rule of law?

    “The Biden Administration has racked up a long line of losses in federal courts in what is one of the worst records in the first six months of any modern presidency.” (See above.)

    Biden admitted that the CDC enacting an eviction moratorium was unconstitutional. The SCOTUS remarked it was unconstitutional, but allowed it to reach its rapidly approaching sunset to avoid chaos. Biden Admin wished to repeat it.

    Biden is not enforcing federal immigration law.

    It was against the law to force anyone to take any vaccine under Emergency Use Authorization. This authorization allows willing participants to receive a vaccine still undergoing the approval process. Yet federal employees and contractors were mandated, while the Administration encouraged states and businesses to mandate it. There was a law against this that apparently was thrown out the window.

    The Left suspends the law in many cases for the homeless, mentally ill, and drug addicts (https://da.lacounty.gov/sites/default/files/pdf/SPECIAL-DIRECTIVE-20-07.pdf)

    The Left rioted, looted, and committed arson with virtual impunity. Most were not charged. Those who were, were mostly diverted to counseling. As long as they rioted for BLM or Antifa or similar Left cause.

    The Left keeps releasing prisoners early from jail, or fails to charge them, drastically increasing crime.

    The Left regularly violates the Civil Rights act with CRT and similar racist, bigoted ideology, teaching its precepts in schools.

    The Left promoted the defund the police movement, which resulted in massive increases in crimes, including murder, in affected areas. Cops are now quitting, transferring, and retiring in record numbers.

    The list is long, but this is sufficient taste. It’s utter lawlessness while the elites have their gated communities and armed security.

    1. Karen, you aren’t a “conservative”, so you don’t speak for conservatives. This has been explained to you repeatedly. Conservatives don’t support Trump because of his lying, cheating in business, lack of patriotism, refusal to honor contracts, misogyny, xenophobia, racism and arrogance. You are part of the Cult of the Narcissist in Chief. The “Left” aren’t the ones who are rioting or looting. For some strange reason, you keep harping on this. Maybe, since you are an alt-right disciple and listen to the same lies and attacks against Biden and Democrats, you think you can keep trying to claim that Democrats support and even participate in rioting and looting. That’s not true. One of your alt-right heroes got arrested for participating in the Trump Insurrection, and is trying to defend himself by claiming to be a “journalist”.

      The SCOTUS composition does not reflect the values of the majority of Americans because 3 of the judges there don’t belong: they were nominated by an election cheater who lost the popular vote; Obama, who was legally elected, was denied his choice of SCOTUS nominee while McConnell allowed Covid-Barrett to be nominated while violating his own rule about Supreme Court judges being appointed in close proximity to an election. All of this was predicted. None of your attacks against “The Left” are true or supported by facts.

      1. Natch– The SCOTUS composition does not reflect the values of the majority of Americans”
        ***
        They aren’t supposed to. They are supposed to represent and interpret the law.

        1. Young, you are exactly correct. I don’t know why this is even a conversation. The SC has one duty and one duty only. IS IT CONSTITUTIONAL? Public opinion, moral outrage etc. should have no bearing whatsoever on any SC ruling. Those sentiments among others should be considered by the LEGISLATIVE branch. And if upheld enforced by the EXECUTIVE branch. I learned this in the 7th grade.
          The fact that Biden had to stoop so low as to go to Lawrence Tribe for backup tells you all you need to know.
          I know ” What about Trump ” .

        2. No kidding. And she thinks she knows the values of most Americans? Lady Justice wears a blindfold. Damn.

      2. Karen [S], you aren’t a “conservative”, so you don’t speak for conservatives. This has been explained to you repeatedly. — Natacha

        And who are you to explain… anything?

      3. Natacha says that the left are not the ones rioting and looting. The support of the riots in Seattle, Minneapolis and Portland by the left has somehow escaped her memory. Natacha has forgotten that Kamala Harris said that the rioting should not stop. A good memory is a characteristic of an intelligent person. Take it for all that it is worth.

      4. Nastycha , As the great Ronald Regan once said “there you go again”. And like diarrhea t’s all down your leg…again. Lord senile darth Baizou Biden the plagiarist grifter is the king of corruption and back door cash deals. Hell he has the whole family in on it so he can skim his “Mr. 10%” across the board. The slobbering corruption at the public trough by Biden et al is ginormous and in our faces. His multitudes of lies and self aggrandizement are legend , ask cornpop…he was a bad dude and jo blo whipped him with a chain yo , at the kiddie pool !!!. And he married the baby sitter after his wife passed….real top act there !. And the women we know he has harassed and even stuck his finger in unwantedly !. Trump jokes grab’em by the punani , and low and behold creepy joe DOES it !!!. You forget senile uncle joe blow of chyna started out opposing desegregation , befriended multiple out of the closet racists…even a KKK dragon slug named Byrd. And joe blowski’s patriotism ?…if he aint at the trough figuring out how to enrich himself…I guess that’s patriotism in his senile eyes. None of trumps children are crackhead whores ,none took up their dead brothers mentally challenged wife. Arrogance…whoa there…joe blow is so full of it…. and you bow to it apparently. He believes his lies…and you lap it up like a sick kitten. So next time you vomit out your fake talking points you need to remember your guy is the biggest POS shit to be in the white house since obammy….. and even your messiah obammy was quoted as saying “never underestimate Joe’s ability to fu*k things up”. Eat crow ,as that is what the bidenski admin is serving for your kind !!!.

  17. Did someone once say “elections have consequences”? Seems we should have considered more than angry orange man tweets when voting this last time.

    1. I agree.

      I had to have surgery a few years back. My surgeon had the reputation of being a jerk. My PCP warned me ahead of time, “This doctor has a reputation for no bedside manner. Having said that, he is the very best and he did my wife’s surgery.”

      He did the surgery and I never had any complications. His nurse told me that his OR time was significantly shorter than other surgeons and his outcomes far better. The same is true for leaders.

      The world is a very dangerous place. We don’t need nice people in charge of national security. We need the best. Can you imagine if the 46th President were a GI surgeon. Would you trust him? Would you let him operate?

      1. E.M. — In the same vein I think it was Patton who said that when America is in trouble she calls on her sons-of-bi***es.

        Milley gets part of it, the ‘b’ part but otherwise useless.

        1. Young, I have some family and friends who are currently serving in the military. One was supposed to go to Saudi Arabia and then Afghanistan. That’s on hold. One is in explosive ordinance disposal. He’s supposed to be deployed soon. And on down the line.

          Biden is going to allow the Taliban to route us, invigorate terrorism, use all of that expensive infrastructure we built, and become stronger. They will have Bagram, the most defensible air base in the country, w which we fortified and abandoned. Various terrorists are pouring into Afghanistan, by the thousands, some of them, like ISIS, working at cross purposes to the Taliban. It’s chaos and violence. Biden is going to allow the Taliban to dig in deep.

          This is also involving China and Russia.

          At some point, we’re going to have to go in there again, only the Taliban is going to be stronger. They are going to have bigger allies.

          Instead of crushing the Taliban down for breaking the peace agreement, we’re going to allow them to fester and strengthen. Only when they are strong will we probably send our military back to Afghanistan.

          Our country does not value the lives of the men and women who serve if we allow an enemy to strengthen like that, considering it is inevitable we will face them again. It’s just throwing lives away.

          Perhaps Biden should send in the marine who has two moms in order to reason with the Taliban. That should strike terror in their hearts.

          1. Karen S– I wonder how folks in the military can engage in any endeavor planned by the current chiefs of the services or the civilians dangling around Biden? I think I would be tempted to quit. These corruptocrats aren’t worth fighting for. Maybe we will get the same response from the military that police departments are getting: “Good bye! You aren’t worth the risk or my trouble.”

            I am not sure that ISIS and the Taliban are at cross purposes to the extent our benighted generals think.

            It might be a convenient Taliban trick to have their Americans and to blow them up too.

            The entire world knows we have imbeciles in charge and they aren’t afraid to say it.

  18. So…he just ignores the SCOTUS with impunity! There is NO consequence for his actions at all.. or for that matter ANY POTUS! They can simply ignore the Courts ruling and do what they want. Why do we have a republic? I was ADAMNATLY opposed to Trump issuing EO’s as I was Obama and Bush. If they can not get what they want done through the system we have, then it is moot on its face!

    1. The SCOTUS does not represent the values of most Americans because 3 of the judges there were appointed by someone who cheated his way into the White House despite losing the popular vote. The sorts of rulings we are seeing were predicted all along.

      1. Joe Biden hasn’t appointed anybody yet. He is the one who “won” because of a fraudulent election. You sick of losing yet Natacha?? Because this is just the beginning…..

      2. Nastycha….. the only election theft that has gone down was in 1960 Kennedy & Johnson…two corrupt peas in a pod. And second was 2020…when certain states stopped counting for no reason and the traitors in the shadows counted up votes and added what they needed to to get their gummi puppet over the line. It’s so obvious a caveman could see it. But partisan left nutters are just that blind !!!.

  19. To be expected from an inept group of sycophants who have absolutely no idea how to run a family, much less a democracy …

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