Yesterday, the Supreme Court issued a relatively rare clarification of its earlier opinion, which lifted the injunction on the deportation of immigrants to third-party countries. In a surprising response, Judge Brian Murphy in Boston ruled that he considered his orders regarding the eight immigrants set for deportation to South Sudan to remain unchanged by the decision. The Court quickly disabused him of that notion by declaring that he was not in compliance with its order. What was most remarkable, however, was the sharp concurrence by Justice Elena Kagan who, despite voting against the original order, called out Murphy for defying the authority of the Court. It was a commendable and principled position that escaped her colleagues, Justices Sonia Sotomayor and Ketanji Brown Jackson, in dissent.
In the new opinion, the justices made clear that their June 23 order applies fully to the eight immigrants in U.S. custody in Djibouti.
In their dissent, Sotomayor and Jackson appeared to overlook the implications of a district court judge’s defiance of the Court’s earlier decision. Sotomayor complained that the new order “clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial.”
It was a curious response because the Court’s recent rulings on injunctions are intended to rein in district judges and bring them back within the system’s functional limits. Judge Murphy seemed to give a stiff arm to the Court on its clear order to lower courts.
Regardless of your views on the merits, this system cannot function with such rogue operators at the trial level. That is the message sent by the Court in its unsigned order on June 23.
In responding to Murphy’s later order saying that his orders governing the eight men would remain in effect, the Court declared that “the May 21 remedial order cannot now be used to enforce an injunction that our stay rendered unenforceable.”
Murphy even lost Kagan in the action. She stuck to principle and said that she was on the losing side of the original issue when “a majority of this Court saw things differently.” However, she concluded that “I do not see how a district court can compel compliance with an order that this Court has stayed.”
The concurrence was an important moment for not just Kagan but the Court as an institution. It reaffirmed the core principles that should bind all justices to the judicial process and the integrity of the Court. Conversely, Justices Sotomayor and Jackson appear entirely adrift in dissents that have become hyperbolic and unhinged.
The rebuke of Judge Murphy should have been unanimous, but Kagan’s concurrence was an important affirmation of the shared values that preserve the integrity of the Court.
Do you think Ketanji is at all embarrassed by the critics calling her out?
Not in the least.
She’s an activist. She’s a hard core ideologue.
She’s defiant.
She’s righteous for The Cause.
She’s entitled.
She’s a historical figure!
She gonna ‘do law’ her way.
She’s like, hey, who’s gonna stop me?
They ain’t gonna push me off the court. No way. No how.
Nobody gonna get in the way of Ketanji’s activism and entitlement.
That’s why she’s there.
That’s her agenda.
For the Revolution.
Thank God for President Trump saving the court from this leftist disaster.
Same for the “wise” Latina. Two righteous Leftist ignoramuses.
Jackson even appeared in a ‘queer’ version of Romeo & Juliet on Broadway.
She is an enthusiastic champion for the LGBTQ/Trans cause.
She is very vocal and public in her activism.
She is not a neutral arbiter. She has clear biases she puts on full public display.
Unacceptable to let her get away with ruling on ANY trans/LGBTQ cases.
Force her recusal.
Murphy was nominated to the district court by Biden just last year. Or was it the Autopen that nominated him?
Let’s see. What would happen to you if you defied an order issued by The liberal Supreme Court in 1975?
The time is far past when some law fare should be applied against leftist judges who refuse to apply the law.
Making his life miserable would only be delayed justice. Stains on his robe that will never come out.
Delusion of Murphy is beyond belief. Just pull a Lincoln and ignore him. He needs to be disbarred.
“. . . the eight immigrants set for deportation to South Sudan . . .” (JT)
Those eight were *convicted* of heinous crimes such as murder, kidnapping, child sex abuse.
South Sudan is more than they deserve. They should be dinner at Alligator Alcatraz.
A broken clock is more right than those progressive affirmative action bozos….kaga. Is just having a way off day
Justices Sotomayor and Jackson should publicly explain further what other Supreme Court decisions they believe District Court judges should ignore.
“Justices Sotomayor and Jackson should publicly explain further what other Supreme Court decisions they believe District Court judges should ignore.”
Would that serve more to marginalize Sotomayor and Jackson, or to further embolden the District Court judges presiding over those cases to ignore SCOTUS ruliings? At this juncture, I’m not certain whether or not I want that question answered…
*. Judge Murphy was jawboned !
In Other News: “District Court Judges Hire Antifa as Bailiffs, to symbolize Defiance of Supreme Court”
~+~
Five Federal District Court Judges replaced their professional bailiffs with off-the-street Antifa militants. At a hearing in the Western District of Washington, the Judge declared the Supreme Court to be in contempt of court and ordered the Antifa bailiffs to take Chief Justice Roberts into custody.
“No More Kings!” the bailiff’s shouted as they hopped on to a Greyhound bus chartered by local agitators.
Please say this is from the Babylon bee
As of now, there are no credible reports or verified information supporting this assertion .
It’s a joke.
Murphy’s Law
“shared values?” “With leftist?” So Turley is a comedian now? The right has values, perhaps not always in complete agreement with one another, but the Left, is in complete polar opposition. What they have, I would not even call values, but, an abomination of ideologies.
Values, presupposes morals. The left, Amoral.
SPOT ON, WELL SAID, PROF. TURLEY… AGREE 100% Indeed, how can anyone disagree? ..as you so eloquently pointed out, the entire structiure of our System of Justice depends on this acknowledgement of Authority as the system was built to maintain its own Integrity thus… Justice Kagan gets it.. Sotomayor & Jackson… ‘adrift’ to the core… Unreal.
In a functioning Constitutional system, this would merit Judge Murphy’s instant impeachment.
“In a functioning Constitutional system, this would merit Judge Murphy’s instant impeachment.
If you had written “the way our system has evolved to function” I would 100% agree with you. However, by my reading, the Constitution itself has little or nothing to say about the relationship between the Supreme Court and the courts established by Congress, including any clear authority of the former over the latter. If one were to further amend (or rewrite) the Constitution, clarification in that area is something that one might want to address…
I’m grateful other posters here still have the patience to deconstruct legal opinions, because this is all so absurd, I just have the middle protrusion of my hand for the modern left. Clowns are actually more serious.