“Here We are Again”: Federal District Courts Piling on Injunctions to Stop Trump

Below is my column in the Hill on the slew of additional injunctions imposed by district courts last week. Some of these courts seem on a hair-trigger in ordering the record number of injunctions racked up in the first 100 days.

Here is the column:

Here we are again.” Those words of Senior U.S. District Judge William H. Orrick may be the only uncontested line in his opinion this week, enjoining the Trump Administration from withholding federal funds to “sanctuary jurisdictions.”

In President Trump’s first term, efforts to implement sweeping changes on immigration and other issues were met by a slew of injunctions. In 2017, one of those orders was from Judge Orrick, an Obama appointee in San Francisco.

Trump has already faced a record number of national injunctions by district courts. His administration has objected to forum- and judge-shopping by political opponents by bringing the majority of such challenges in overwhelmingly Democratic states like California.

Such injunctions did not exist at the founding, and only relatively recently became the rage among district court judges. Under President George W. Bush, there were only six such injunctions, which increased to 12 under Obama.

Both Democratic and Republican presidents have complained about district judges tying down presidents like so many judicial Lilliputians. However, when Trump came to office, the taste for national injunctions became a full-fledged addiction. Trump faced 64 such orders in his first term.

When Biden and the Democrats returned to office, it fell back to 14. That was not due to more modest measures. Biden did precisely what Trump did in seeking to negate virtually all of his predecessors’ orders and then seek sweeping new legal reforms. He was repeatedly found to have violated the Constitution, but there was no torrent of preliminary injunctions at the start of his term.

Now, however, with less than 100 days in office, Trump 2.0 has already surpassed that number for the entirety of Biden’s term.

The Supreme Court bears some of the blame for this. Although a majority of justices, including liberal Justice Elena Kagan, have complained about district courts’ issuance of national injunctions, the high court has done little to rein in district court judges. On May 15, the justices are poised to consider the issue in a case involving birthright citizenship. Many hope that the justices will bring what they have consistently failed to supply to lower courts: clarity and finality.

Some judges have already seen their stays lifted by appellate courts. However, in just one day this week, three more major injunctions were issued on sanctuary cities, voter registration, and deportations.

Some of these orders appear premature and overbroad. Take Judge Orrick’s order. Again, Trump is targeting cities offering sanctuary to unlawful immigrants as imposing high costs on the country, including increasing burdens for federal programs and grants to these cities.

Orrick previously stopped that effort in the first Trump term, and he was affirmed by the United States Court of Appeals for the Ninth Circuit. However, the orders are not identical, and so far no action has been taken against these cities.

Under one of the orders, titled “Protecting the American People against Invasion,” Trump has ordered the attorney general and the secretary of Homeland Security to “evaluate and undertake any lawful actions to ensure that so-called “sanctuary” jurisdictions, which seek to interfere with the lawful exercise of Federal law enforcement operations, do not receive access to Federal funds.”

Orrick noted that the term “sanctuary jurisdiction” was not defined and dismissed the express reservation that such actions can only proceed to the extent that they are allowed under law.

The irony is that the opinion itself is overly broad and imprecise. There are indeed cases limiting the ability of the federal government to “commandeer” states and cities into carrying out federal functions. However, there are also cases upholding the right to withhold federal funds that contravene federal laws and policies.

The operative language in the order is the focus on sanctuary policies that “interfere” or prevent federal enforcement. There must be some accommodation for the federal government in refusing to pay for the rope that it will hang by.

Justice Robert Jackson famously wrote in Terminiello v. City of Chicago that the Constitution cannot be construed as a “suicide pact.” I have never been fond of that quote, which has often been used to justify the curtailment of individual rights. But these cases could bring a new meaning to the quote in immigration cases. If one accepts the Trump administration’s data, then continued funding of these jurisdictions might be more akin to being forced to pay for your own hit man and then calling it suicide.

There is a reason courts generally wait for these conflicts to become “ripe.” The administration could easily engage in impermissible “commandeering,” but it could also “evaluate and undertake” more focused and defensible withholdings of federal funds. Judge Orrick decided not to wait to find out.

These are difficult questions, but the Supreme Court can reduce these cases by actually ruling with clarity. The court has often left these issues mired in ambiguity, kicking cases like cans down the road for any final resolution.

Consider the order out of the District of Columbia blocking an effort to change federal voting forms to require proof of citizenship. Trump campaigned on the issue, and, according to a Gallup poll, 84 percent of U.S. adults are in favor of requiring voters to show such identification.

Judge Colleen Kollar-Kotelly barred the federal government from changing the standardized national voter registration form and to have federal voter registration agencies “assess” the citizenship of individuals who receive public assistance before providing them a voter registration form.

Kollar-Kotelly raises good-faith limits on presidents’ ability to regulate elections, a power mainly left to the states. However, this is a policy that does not necessarily impose a new condition on states.

After all, non-citizens are barred from voting in federal elections in all states. Again, there must be some ability of the administration to act to address a national priority in the funding of election reforms and practices. The question is whether the court will recognize such a federal interest.

The problem with some of these orders is not that they are without foundation, but that courts appear on a hair-trigger to enjoin the Trump administration on any subject whatsoever. There is a need to deescalate in both branches as we expedite these appeals. We are indeed “here again,” but this is not a good place for anyone.

Jonathan Turley is the J.B. and Maurice C. Shapiro Professor of Public Interest Law at the George Washington University Law School. He is the author of best-selling book “The Indispensable Right: Free Speech in an Age of Rage.” 

 

218 thoughts on ““Here We are Again”: Federal District Courts Piling on Injunctions to Stop Trump”

  1. What makes anything think the federal judiciary is going to de-escalate? They’re going to double-down. They are emboldened by both group-think and the self-imposed impotency of the Supreme Court. The SC won’t rule because they shirk accountability and responsibility. The president is doing the right thing by exposing, or causing the exposition of, failure and corruption. Light is the best disinfectant. The dung hill will eventually become too big to ignore.

  2. Biggest ‘take-away’ from reading today’s comments is the statement that there is ‘profound mental illness’ on the Left.
    And the second biggest: those of you who are writing here who call Prof. Turley ‘full MAGA’ and mean it in a derogatory way don’t know what they’re saying.

  3. Proclamation 80—Calling Forth the Militia and Convening an Extra Session of Congress

    “On April 15, 1861,…President Abraham Lincoln issued a proclamation calling forth the state militias, to the sum of 75,000 troops, in order to suppress the rebellion. He appealed ‘to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union.’”

    Proclamation 92—Warning to Rebel Sympathizers

    “[On] July 17, 1862,…I, Abraham Lincoln, President of the United States, do hereby proclaim to and warn all persons within the contemplation of said sixth section to cease participating in, aiding, countenancing, or abetting the existing rebellion or any rebellion against the Government of the United States and to return to their proper allegiance to the United States on pain of the forfeitures and seizures as within and by said sixth section provided.”
    ___________________________________________________________

    Abraham Lincoln was a Great American President.

    Now President Donald J. Trump MUST implement his rendition of “The Lincoln Era,” close the border, rescind rebel sanctuary cities, compassionately repatriate all illegal and unassimilable aliens, revoke birthright citizenship, make English the sole official language, commence a war to defeat the rebellion, impose martial law, suspend habeas corpus, “smash” rebel printing presses, networks, podcasts, and social media platforms, and imprison political opponents and rebel judges, all in order to save, not the Union, but the Nation, eradicate the communist American welfare state, and place America squarely back on the Constitution and Bill of Rights, including absolute freedom, free enterprise, free industries, free markets, private property, and minimal taxation and regulation, alongside infinitesimal constitutional government.

    (SARC/ON)

      1. Aleksandr Solzenitsyn

        All of the Communist Parties, upon attaining power, have become completely merciless.
        But at the stage before they achieve power, it is necessary to use disguises.

  4. Jonathan: With the ink from his Sharpie pen hardly dry plaintiffs from around the country, not just in California, have gone into federal court and obtained injunctions against DJT’s unlawful and unconstitutional EOs. For almost every one of DJT’s EOs there has been a successful lawsuit against it. And court orders have come from not just Obama or Biden appointees but from rock solid conservative judges appointed by Donald Reagan and even Donald Trump himself. Whatever their political leanings judges are standing up to DJT’s unconstitutional power grab.

    Now is there a reason Judge Orrick used the words “Here we are again”. In 2017 DJT tried to withhold federal funds from SF and Santa Clara as “sanctuary” cities. Judge Orrick ruled then that DJT’s 2017 EO was unconstitutional. That decision was upheld by the 9th Circuit. So for Judge Orrick this time around it appears deja vu all over again. Orrick found DJT’s January EO has a different title but it’s virtually the same unconstitutional attempt to blackmail SF into cooperating with ICE immigration raids. It didn’t work in 2017 and it won’t work this time around!

    1. Dennis, these lawsuits have NOT been successful, They have merely been mostly preliminarily successful at the district court level with cherry picked judges. Almost half of the premliminary injunctions have been lifted and even cases dropped by the very same cherry picked judges that granted the TRO’s. Of those that have been appealed – half have been overturned on appeal. Trump has won several at the supreme court and while SCOTUS has stalled in a few cases , they have not as of yet issued a final ruling against him on a single case.

      In many cases AFTER having lost with one cherry picked judge the left has moved to a different cherry picked judge and re litigated exactly the same case AGAIN – that is actually illegal.

      Trump is certain to lose the birth right citizenship case that will be before the supreme court in a few days.
      Trump MIGHT lose on the proof of citizenship to register to vote EO – though that is a close call.
      Federal law already bars non-citizens from voting in federal elections, so he is arguably covered by the law,
      But reuiring states to get proof of citizenship prior to registering someone to vote is pretty close to legislating rather than directing the administration fo the federal government.

      Trump is going to win on the AEA, though SCOTUS has already telegraphed that they are likely to reuire some minimal due process, they have already said that Habeaus wil be reuired. They are also allowing an as applied challenge to the constitutionality of Trump’s invocation of the AEA. It is near certain Trump wins that too, but SCOTUS may reuire more clarity on what constitutes a predatory incursion.

      I beleive 150,000 people have been deported thus far. That is very close to the maximum deportation rate under Obama.
      So thus far Trump is NOT deporting people faster than Obama was. Claims that Trump deportations are unusual is garbage.
      That said – Trump is absolutely looking for SCOTUS to bless more and faster deportations.
      It is unlikely they will give trump the carte Blanche he wants. It is likely they will allow processes that double the current deportation rate.

      The Garcia case is a distraction – Garcia is not being returned, and SCOTUS is ultimately not doing anything about that.
      Garcia is despite democrats best efforts NOT an appealing poster child for the left.

      Trump is going to win nearly all the termination fo federal workers cases. There is some likelyhood that lawsuits by those workers for some damages will be allowed, but Trump has the right to terminate them. It is likely, but not certain that Humphrey’s executor will be narrowed or overturned – though the left MAY drop that case to avoid that.

      SCOTUS will with near certainty preclude Trump from using unilateral spending cuts that run contrary to budget objectives of congress. The president can NOT decide not to fund something Congress budgeted.
      At the same time SCOTUS will with certainty allow Trump to cut waste fraud and abuse, And he will be allowed to cut any spending that congress has not EXPLICITLY funded.

      Revoking tax exempt status is soemthing Trump should lose – HOWEVER if SCOTUS follows precident – Trump wins easily.
      See the Bob Jones university case. Trumps’ cuts of orgainizations violating title 9 or the civil rights act will be upheld.

      This nonsense by the left is all mostly a delaying game.
      It is NOT a winning strategy.

      Democrats are ranting that Trump’s polls have gone down. They may go down further, they may go up further.
      They will rise when he inevitably wins these issues.
      They will rise as the economy strengthens.

      If you actually want Trump to be sustainably unpopular – his policies have to actually fail and cause real harm to real americans – not illegal immigrants, not the elites.

      That might happen – but the odds do not favor it.

      Trump is in very close to the situation Biden in, in 2021. All he has to do is let things improve on their own and he will be increasingly popular.

      Biden chose policies that FAILED and killed a large recovery that would have occured had he done nothing.

      Trump’s policies are highly unlikely to negatively impact ordinary americans. They will be VERY BAD for left wing woke elites.
      But you are at most 15% of the country – a very loud and obnoxious 15% – and an increasingly unpopular 15%.

      Regardless you are NOT the majority. You are not even close.

      1. John Say,
        Well said.
        Prominent pollster blasts colleagues for skewing Trump’s 100 Days approval
        https://justthenews.com/politics-policy/polling/hold-prominent-pollster-blasts-colleagues-skewing-trumps-100-day-numbers

        “I’m looking at their numbers, and they’re interestingly, about five to seven points off of the rest of us who actually have polled elections correctly,” he said. “And that’s about how far they were wrong in 2024. So it’s like nothing has changed. ”

        Whoa! Imagine that. MSM skewing polling numbers . . . again.

    2. Your constant obsession with the 47th President of the United States is fascinating. Where do you get your “news?”

      This reminds me of a story. Two young fish are swimming in one direction and an older fish is swimming in the opposite direction. He says to the two fish, “How’s the water?”

      The fish swim on for a while and one says, “What’s water?”

      Must be nice to live a sequestered life and have such a narrow perspective.

    3. All sanctuary states, cities, counties violate US 1324.
      This is plain to see when you actually ready the statute.
      All sanctuary areas are blatantly violating Federal law and should have all funding removed and their politicians charged with violating US 1324.

  5. The situation is prima face evidence that our federal court system is
    politicized, corrupt and a source of two tier justice and lawfare. This
    has to and must be addressed

  6. The Natives are getting restless

    ‘I did the right thing’: How one judge is fighting back in support of arrested colleague

    Sawyer County, WI Judge Monica Isham on Saturday announced she’ll “refuse to hold court” following the arrest of Milwaukee County Judge Hannah Dugan “if there is no guidance for … and no support for” judges in the state.

    Isham sent the letter Saturday to her fellow Wisconsin judges, insisting she has “no intention of allowing anyone be taken out of [her] courtroom by [Immigration and Customs Enforcement] and sent to a concentration camp, especially without due process.”

    “I no longer feel protected or respected as a Judge in this administration,” Isham wrote.

    As Isham noted, she was “elected as the first woman, first Native American, first minority all together to serve as circuit court judge” in her county.

    https://www.rawstory.com/dugan-colleague-protest/

    No word from members of the Nez Perce, the Pawnee, the Algonquin, the Huron Native Americans who were routinely slaughtered, decimated and pillaged by the Sioux, Cheyenne, Arapaho, Comanche and Iroquois Native Americans

    It appears Native American Indians aren’t what they used to be.

    1. The code of judicial conduct obligates her to perform her duties and decide the cases assigned to her. Will the Wisconsin Supreme Court discipline her?

      More broadly, where does Wisconsin come up with these SJW clowns, these robed political activists, masquerading as judges? There is a profound mental illness gripping the left in this country.

      1. I did a medical rotation in Crow Agency, Montana, and got to know the Crow really well. Native Americans have the highest addiction rate in the nation compared to other demographic groups, and all I saw was people who were self-destructing. They told me of their history, how the Cheyenne (Wyoming) were brutal, they constantly fought to protect their people against Cheyenne, and how the Crow cooperated with the US Govt in exchange for being granted larger reservations. It was similar to my own region of the world: South American Indians pounced on Caribbean islands, raping, burning, killing the natives there, e.g. Taino Indians of Cuba, Hispaniola and Puerto Rico. Thus when I read about the Sawyer County, WI Judge complaining about not feeling respected or protected (aka safe spaces), I literally laughed considering the history of brutality amongst Native Americans. She could carry a Glock 9 MM pistol with hollow points like some of us do in order to feel respected and protected.

    2. The Nez Perce, who live nearby, mostly interested in avoiding the Blackfoot during the biannual expedition to bison county in order to obtain hides for robes. So the braves went via Yellowstone.

    3. Estovir, True in general

      The Arawak Indians of the Caribbean Islands were largely peaceful but they were slaughtered by Carib Indians from the south. It is a brutal story

  7. OT

    The President has questioned the validity of the Autopen pardons.

    If those signatures were done without Biden’s knowledge, approval or understanding then they are the equivalent of forgeries and have no more legal validity than any other forgery.

    But Mr/Miss Autopen didn’t pardon Biden. That’s a curious omission.

    Biden’s handlers may have discarded him like a broken toy that was useful no longer.

    One must wonder if Autopen’s real name appears among the list of pardons.

    Somebody will talk if somebody will ask.

    Wouldn’t surprise me if James O’Keefe already has Autopen on tape trying to impress a date.

      1. But there is a requirement that he actually pardon.

        It is a legal act and teeing off on a remote golf course doesn’t qualify.

        1. Congress might have acted. Is there any provision to remove a president by congress for incompetence? Just the cabinet? It’s true, biden has no idea.

      2. The question is did our demented 46th president actually request and authorize these pardon’s.
        Not whether he personally signed them.

        There are serious questions as to whether for most if not all of Biden’s presidency Biden was making the decisions.
        The question regarding the autopen is whether it was used to make and implimented edecisions regarding the use of executive power without the actual direction of the president.

        1. There are serious questions as to whether for most if not all of Biden’s presidency Biden was making the decisions.

          It’s clear to anyone paying attention that he wasn’t. He was as mindless as Ron Burgundy (“End of sentence. Repeat the line.”) The decisions of consequence were being made by a shadowy left-wing extremist, warmongering, money-laundering cabal operating behind the scenes. IOW, they were illegitimate. Biden himself was a meat puppet trotted out on stage when necessary, notwithstanding that he couldn’t find his way off stage.

      3. Given Biden’s obvious state of mind at the time of the pardons we can reasonably ask if a Will executed at the same time would survive a legal challenge. After all, it often begins, “Being of sound mind….”

        Challenge the pardons.

      4. It’s not about just an auto pen! It’s more about legally proven if jbiden understood, accepted, and allowed by using it himself! No VP or sitting president has never signed pardons or executive, filing courthouse types of documents & especially pardons that’s filed on “legal papers 📃”! By federal laws, anything judiciary or injunction proceedings must be done by a legitimate ✍️!

    1. “The President has questioned the validity of the Autopen pardons.”

      I hate agreeing because I lack an adequate understanding of the rode out.

    2. Ask Obama who signed what, when, and where.

      If he doesn’t answer the phone, ask Susan Rice, Valerie Jarrett, or one of the other members of the Obama “holdover” administration.

      We all knew there was a void or a vacuum, which, of course, nature abhors.

  8. “I know not what course others may take; but as for me, give me liberty or give me death!”

    – Patrick Henry

    1. The dissolution of American liberty commenced in 1860, evolving progressively to the current communistic reconstruction.

  9. Turley–you are really something else since you went full-MAGA. First, when Biden was in office, every time something he did was reversed by a court, Turley crowed about it. Biden DID reverse many of Trump’s Orders–why? Because that’s what the American people wanted. Trump rules by Executive Order–and that’s not how this country was set up to be run. Turley claims that Trump is trying to “implement sweeping changes” in immigration–that’s not what he’s doing at all. He’s also not just deporting those convicted of violent crimes, either. People who even appear to be migrants–or, in the case of Abrego Garcia, accused of being a gang member with no supportive evidence that would stand up in court, are grabbed up and deported without due process. Arrest and immediate incarceration–no trial to prove innocence or disprove the allegations for which they were deported–something Turley knows is unconsitutional. Turley accuses the SCOTUS of “bearing blame”–blame for WHAT, exactly? Because Trump has drawn a record number of injunctions–but who’s to say this is something blameworthy or even wrong legally or morally? That would only be true if Trump could lawfully do whatever he pleases–which he believes, in his delusional mind, he can. In an interview with The Atlantic, Trump claims “I run the country and the world”. When Fox published his recent negative poll numbers, Trump demanded that his stupid bottle blondie AG investigate them for crimes. He’s also sicced the dumb blondie on Chris Krebs for telling him, in 2020, that there was no evidence of widespread fraud. From PBS:

    “”Late yesterday, President Trump signed executive orders targeting two former officials who criticized him. Escalating his retribution campaign, the president directed the Justice Department to investigate Miles Taylor, a former Homeland Security official, and Christopher Krebs, a top cybersecurity official overseeing elections, both political appointees during Trump’s first term.

    The president accused Taylor, without evidence, of treason.

    Donald Trump, President of the United States: I think it’s a very important case. And I think he’s guilty of treason, if you want to know the truth. But we will find out.

    This guy Krebs was saying, oh, the election was great. It was great. That was a very corrupt election. They use COVID to cheat. And we’re going to find out about this guy too.”

    Turley accused Democrats and Biden of “forum shopping”–but that’s exactly what Trump does. He takes foreign exchange students and deports them to Louisiana, where there is some dim bulb judge who will do whatever Trump wants him to do. Trump also uses the inflammatory phrase “unlawful immigrants”. Migrants who are in this country seeking asylum are not “unlawful”. Yeah, courts are going to stop Trump because he’s not a king. He lied his way into the power he is abusing and Americans are sick and tired of him, just shy of 100 days in office.

      1. Ugly women covet and are jealous and critical of beautiful blondes, no matter.

        Gigi is one of the Lee sisters; first name’s Ug.

        1. “Gigi is one of the Lee sisters; first name’s Ug.”

          Late at night, so took a moment, but good laugh.

    1. I think the “bottle blonde” “dumb blondie” is more intelligent, accomplished, and legally educated than our jealous, venomous, dark-haired, foul mouthed gigi will ever be.

    2. ” when Biden was in office, every time something he did was reversed by a court, Turley crowed about it.”
      Many of Bidens EOs were unconstitutional and attempted to implimnet policies that had no foundation in the constitution or federal law.
      With Few exceptions Trump’s EO’s are constitutional and lawful. Further they nearly all seek to REDUCE the power of government – it is nearly always constitutional and lawful for government to choose to do LESS.

      “Biden DID reverse many of Trump’s Orders”
      Correct and he was entitled to reverse any EO that Trump implimented.
      The power to do something ALWAYS included the power to undo it.

      “why? Because that’s what the American people wanted.”
      False, Biden’s policies had NARROW but strong support in specific constituencies – such as the support of people with college loan debt for forgiving that debt. Biden’s efforts were not BROADLY popular, Equally important they did NOT impliment policies Biden had REPEATEDLY claimed he would do while running for president.

      Biden did NOT run on DEI, Biden did NOT run on constraining US energy. He did not even run on the green new deal.

      One of the reasons that Trump beat Harris in all swing states was because people had enough of the Policies Biden imposed on the country that were NOT what he ran on.

      “Trump rules by Executive Order–and that’s not how this country was set up to be run.”
      Actually it pretty much is
      An executive order is little more than a FORMAL version of the president directing those within the federal government.

      Whether formal as in EO’s or informal suach as the president directing cabinet members in cabinet meetings,
      that is not only how all presidents have run the country it is how all executives everywhere have run the enterprises they were resp[onsible for.

      “Turley claims that Trump is trying to “implement sweeping changes” in immigration–that’s not what he’s doing at all. ”
      Correct – he is directing those within the Executive to FOLLOW THE LAW on immigration.
      Judge Dugan was not arrested for some made up offense, She was arrested for actions that Congress had defined in federal law as a crime.

      “He’s also not just deporting those convicted of violent crimes, either.”
      As a rule if you are CONVICTED of a crime – whether you are an illegal immigrant or a citizen – you go to prison FIRST and are deported when you are released. Trump is not waiting for people to be convicted of crime.
      The first priority for deportation are those convicted of violent crimes.
      The next priority are those accused of violent crimes.
      The next priority are those who are part of criminal gangs who are likely to commit violent crimes.

      Every single one of those above can be deported just because they are in the US illegally.
      But they can be deported FASTER because of their involvment with violent crime.

      The minimum due process to deport someone is establishing they are not in the US legally.

      Anyone not in the US legally can be deported – that is approximately 35-40M people, Many of whom have been here more than a decade.
      If you are in the US and you are not here legally you can be deported merely by establishing in an immigration court by the preponderance of evidence that you are not here legally.
      THAT is the US law.

      But the american people by a narrow majority do not support deporting people who
      have been here more than 10 years.
      AND have a family
      AND pay taxes
      AND are not on wealfare or other govenrment benefits,
      AND who are not involved in crime.
      That is the majority of illegal immigrants in the US today – and those people are NOT being deported.
      Even though our law requires it.

      ” People who even appear to be migrants”
      Appearances are irrelevant, and the issue is NOT whether you are a migrant.
      It is whether you are an illegal alien – if you are in the US legally, and obeying our laws, you can not be deported.

      “in the case of Abrego Garcia, accused of being a gang member”
      Garcia is ADMITTEDLY in the US illegally – he actually testified to that.
      He is not just accused of being a gang member – 3 different immigrations judges have issued findings of fact confirming thqat he is a gang member, and there is LOTS of evidence that he is a gang member.

      When you say there is no evidence that is just being willfully ignorant.

      “with no supportive evidence that would stand up in court”
      The evidence has stood up not only in two separate immigration courts, but also on appeal.
      Ultimately Garcia dropped his appeals and those findings have become lawfully FINAL – no court has the power to review them any more, because Garcia allowed his right to challenge those findings to expire.

      This is what is meant by left wing nut judges acting unlawfully.

      There are 3 separate immigration court opinions that found Garcia to be a member of MS13.
      Evidence was presented to THOSE judges, Garcia appealed, he lost on appeal, and then chose not to appeal further and lost his right to appeal.

      Garcia’s choice to not pursue his appeal rights means the findings of the immigration courts are FINAL.
      In the US you do not get to appeal all the way to the supreme court, lose, and then start all over with a friendly court.
      Once you allow the decisions of courts to become final – there are no further challenges to those findings thqt are allowed.

      The administration is NOT required to prove again to Judge Xinis that Garcia is an MS13 member,
      The court orders for his deportation list that as a conclusion that those courts made after hearing all the evidence,
      and those findings are final. Judge Xinis has absolutely zero power tro reopen the issue.

      “are grabbed up and deported without due process.”
      Garcia had LOTS of due process. he had multiple hearings in immigration courts, he appealed the results. He did not continue his appeals and those deportation orders became final.

      That is all the due process he is entitled to by law.

      “Arrest and immediate incarceration”
      We arrest and incarcerate people for crimes all the time.
      Garcia was arrested, incarcerated, and deported.
      El Salvador has chosen to continue to incarcerate him – allong with other el salvadorans accused of being criminal gang members.
      El Salvador does not have the same laws or due process requirements the US does. Take that up with the El Salvadoran govenrment.
      The US deports people who may be imprisoned by their home country all the time.
      The US constitution does NOT impose US standards for due process on all countries in the world.
      Nor does it bar deportation if ones home country does not meet US standards of due process.

      “no trial to prove innocence”
      The US is not convicting Garcia of a crime an imprisoning him in the US.
      He has been deteermined to be a member of a criminal gang and he was ordered deported to El Salvador – his HOME

      There is no requirement for a trial by a jury of your peers, if you are in the US illegally and you are being sent HOME rather than to a US prison for a crime.

      ” disprove the allegations for which they were deported”
      You are not entitled to a trial because you are being deported.
      Just as you are not entitled to a trial because you parked illegally.

      “something Turley knows is unconsitutional”
      It is perfectly constitutional.
      The US has NEVER provided people being deported with a criminal trial or criminal due process rights.

      “Turley accuses the SCOTUS of “bearing blame”–blame for WHAT”
      For allowing courts to stray outside their lawful and constitutional role.

      “Because Trump has drawn a record number of injunctions”
      Correct – nearly all ILLEGAL, unconstitutional issued by courts without jurisdiction and without holding full hearings on the law and the facts.

      “but who’s to say this is something blameworthy or even wrong legally or morally”
      The rules for judicial and civil procedure.

      “That would only be true if Trump could lawfully do whatever he pleases”
      No it would be true if Trump can lawfully do what he is doing.
      Trump can lawfully deport illegal aliens.
      They are entitled to the oportunity to prove they are in the US legally.
      They get an IJ court hearing, if a deportation order is issued – they can appeal.
      If they lose their appeals, or if they drop their appeals they can immediately be deported.
      That is what is happening.

      “Trump claims “I run the country and the world”.”
      His power is that which the constitutoon and the law give him.
      He does run the country, he is the cheif executive,.
      That does not mean he can do whatever he wants.
      But it does mean he can do whatever the constitution and law allow.
      And they allow him to deport illegal aleins.

      ”Late yesterday, President Trump signed executive orders targeting two former officials who criticized him. Escalating his retribution campaign, the president directed the Justice Department to investigate Miles Taylor, a former Homeland Security official, and Christopher Krebs, a top cybersecurity official overseeing elections, both political appointees during Trump’s first term.”

      Trump has order MANY people investigated – based on evidence of crimes.

      “The president accused Taylor, without evidence, of treason.”
      Treason is definined in the constitution. no one has committed trason in a long time and Taylor will not be investigated for treason.

      “Donald Trump, President of the United States: I think it’s a very important case. And I think he’s guilty of treason, if you want to know the truth. But we will find out.”

      So trump said the investigation will find out. It may fine Taylor guilty of crimes.
      It will not find him guilty of Treason.

      Treason is what people left and right say when they mean disloyalty to their cause.

      “This guy Krebs was saying, oh, the election was great. It was great. That was a very corrupt election. They use COVID to cheat. And we’re going to find out about this guy too.”
      If as YOU have claimed there was no cheating – Krebs has nothing to fear.

      But most americans beleive the 2020 election stunk to high heaven.
      Investigating it now is NOT our highest priority.
      But that doe not mean it should not be done.

      “Turley accused Democrats and Biden of “forum shopping”–but that’s exactly what Trump does. He takes foreign exchange students and deports them to Louisiana, where there is some dim bulb judge who will do whatever Trump wants him to do.”
      Because democrats have refused to build detention centers and because democrats do not want them in blue states, there are few detention centers in the US, with limited capacity and most of the ones with available capactiy are in red states.
      You made this problem.

      Pass laws that require deportees to be detained int he state they are arrested in and require the federal government to build sufficient facilities to hold those deportees.

      “Trump also uses the inflammatory phrase “unlawful immigrants”. Migrants who are in this country seeking asylum are not “unlawful”.”
      Of course they are – they are illegally in the US – the LAW uses the term illegal alien – the same term I use.
      The accurate term.

      Migrant is typical left wing nonsense. migrants are people who by choice travel back and forth between two places reularly – usually seasonally.
      The US issues migrant visa’s for legal migrants.

      “Yeah, courts are going to stop Trump because he’s not a king.”
      He is not – nor are judges.
      The ones actign outside their lawful and constitutional powers are judges. Not Trump.

    3. Ugly women covet and are jealous and critical of beautiful blondes, no matter.

      Gigi is one of the Lee sisters; first name’s Ug.

  10. Turley– “courts appear on a hair-trigger to enjoin the Trump administration on any subject whatsoever. There is a need to deescalate in both branches as we expedite these appeals. We are indeed “here again,” but this is not a good place for anyone.”

    That is so clearly true that I am amazed others don’t see it and act appropriately.

    It’s as if Professor Turley is on the Titanic calling, ” Iceberg! Iceberg'” and most don’t listen and those who do just shrug.

    He also notes, as many of us posting here have said, the Supreme Court needs to stop kicking the can down the road and act with clarity. The Court is a court, where legal clarity is essential, not the Delphic Oracle where studied ambiguity is part of the design. Iceberg!

  11. The singular American failure is the judicial branch, with emphasis on the Supreme Court.

    1. The judiciiary is fully mobillized, conducting a consspiracy to usurp and exercise the executive power that is exclusively “vested in a President.”

      1. So have Speaker Johnson get Congress to dissolve the judiciary and get it over with already. He said he could, why doesn’t he.

  12. Let the injunctions continue!!! Victory is ours!!!! We need to replace the Constitution with a Central Government run by Jaime Raskin, James Boasberg, Occasio Cortex, Bernie Sanders, and Ray Epps!!!

    Only THEY can save America and preserve our precious Democracy and round up all the political opposition and imprison them.

    Luigi Mangione will be Secretary of Health. Mahmoud Kahalil will be Secretary of Education. Abrego Garcia will be Secretary of Immigration and Customs Enforcement. Hannah Dugan will be the SLA (Supreme Legal Authority). Philonise Floyd, George Floyd’s brother, will be Secretary of Drugs and Distribution. Rachel Maddow will be Minister of Propaganda. Adam Daniel Kinzinger will be Secretary of Marxist Tears.

    There are are only a few of the outstanding leaders that will transform America so that you will no longer have to worry about who to elect. All decisions will be made for you by the Central Government to keep and preserve our sacred Democracy.

    1. @Anonymous

      You are too large an idiot to say anything other than, ‘You are an idiot.’. Nobody cares.

      1. Anon was trying to be sarcastic, James. Personally, I found what they wrote to be hilarious. Because the Left always say that what they’re trying to do is for Democracy and how they’re trying to save it. 🤦‍♂️

  13. Rachel Maddow when phony, bogus charges are lodged against Trump: “Nobody is above the law.”
    Rachel Maddow when Hunter is pardoned from real crimes: (silence)
    Rachel Maddow when a Wisconsin judge violates actual laws, obstructs justice, and springs violent criminals being sought by federal authorities while the victims and prosecutor are sitting in her courtroom: “How dare they arrest a judge!”

    And Rachel Maddow is not an exception: her actions are identical to the entire corrupt MSM.

    Meanwhile, left-wing authorities won’t charge a left-wing state employee in Minnesota who caused $20,000 damage to a Tesla. Because nobody is above the law.

    1. OldManFromKS,
      Democrat campaign slogans: We are ABOVE the law!!!! Criminal illegals FIRST!!!

    2. In MN the same judge that let off a first time Democrat offender for $20,000 worth of keying damage sentenced a woman as a first time offender for $19,000 keying damage.

      Leftists have immunity.

    3. The nightly MSN is Rachel Maddow. It’s all they hear. The so called conservative channels just repeat it.

  14. “Consider the order out of the District of Columbia blocking an effort to change federal voting forms to require proof of citizenship. Trump campaigned on the issue, and, according to a Gallup poll, 84 percent of U.S. adults are in favor of requiring voters to show such identification.”
    **********************************
    Everyone who has come to destroy Trump from the corrupt Dims to their lapdog media to the subservient DOJ has retreated in disgrace and suffered a debilitating collapse of credibility with the American people. The Courts will be no different. And this is precisely because all of these antagonisti, pompous institutions fail to recognize that in a Republic the court of last resort and hence the depository of all political and economic power is the public weal. Institutions and individuals test it at their peril and that even applies to that order of priests who occupy the altars of justice.

    “How difficult the task to quench the fire and the pride of private ambition, and to sacrifice ourselves and all our hopes and expectations to the public weal! How few have souls capable of so noble an undertaking! How often are the laurels worn by those who have had no share in earning them! But there is a future recompense of reward, to which the upright man looks, and which he will most assuredly obtain, provided he perseveres unto the end.
    ~Abigail Adams (Letter to John Adams (10 July 1775)).

    1. What we do in the United States is fill out a register to vote application and include county of birth , citizenship questions etc 6 months before next election. The registrar contacts the county of birth requesting confirmation of record and listed parents etc. The registrar’s office proceeds with verification and sends a letter to the applicant. The registar is a notary and the applicant swears truthfulness, fingerprints.

      The sticky wicket came in when there was no birth cert for whatever reason or the applicant thought birth meant citizen. Citizenship is a derivative. If the applicant has naturalized papers then verification proceeds etc. Most people have certified birth certs. The verification process is part of county offices standard work. Same process for death notification to clean registrants.

      It’s called a job.

  15. I am of the opinion that the Trump Administration should challenge any nation-wide injunction on the grounds that only the Supreme Court can issue such an injunction.

    1. SCOTUS should have done that with the first injunction, and they retreated from it. I keep thinking back to the threats made by Chuck Schumer and the rest are f the Democrat Congress and the many protests around the homes obliterated f SCOTUS. I wonder how much of John Roberts’s time d rulings are out of fear of the promised retribution by the rabid left and the Progressive Communist wing of the Democrat Party?

  16. Warts, cysts are growths that can invade the body. Warts are small, hard and grow on the outside of the host, whereas cysts are sac like capsules filled with liquids or gaseous material and found on the inside of the host. I use this only as an example of the crippled theology of the Democratic Party. They have allowed the body politic to become so infected that the rule of law is subject to the whim. Just one example will do: ‘Sanctuary’: not since the Civil War have we seen a subdivision of the Union say the Union has no authority. Putting it in simpler terms, who has primacy, the Union, the State, the City, of course I’m speaking of the CITIZEN? If this infection continues to grow, we may find neighborhoods’ ruling that laws and ordinances are not enforceable within their boundary.

    1. George “I-Can’t-Find-Any-WMD-Un-Patriot-Act” W., the communist blog is down the street, oh, and take your traitor brother et al.

      1. You came and left your deposit not willing to face up. Did you wipe? Do you have any comprehension capabilities? That’s the question.

        1. George W. is talking to himself as he scrambles for the asylum of his Big Daddy H.W. in the same vein as Little Lizzy Cheney.

    2. Good comment … the hoods as in neighborhoods, the hoods have the authority. The hood is a place and its environs are hoods. Generally by area code.

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