Lion of the Blogosphere

Trump v. Hawaii (2018) and Ms. L v. ICE (S.D. Cal. 2018)

The majority says that Trump has the same power to deny entry to foreigners as any other president, and stuff he said while he was campaigning doesn’t change that, and that the standard of review is rational basis.

Sotomayor’s dissent goes off the rails.

The lesson here is that we should thank God that the Republicans in Congress did what Joe Biden would have done if the sides were reversed, and refused to seat Obama’s pick who would have been a fifth liberal justice, eventually leading to the Supreme Court deciding that people in foreign countries have a constitutional right to move here.

Justice Thomas’s concurring opinion was most notable, because he writes about the problem of District Court judges abusing their power in issuing sweeping universal injunctions, and the timing is impeccable because later that same day, a liberal District Court judge in San Diego ruled that Trump isn’t allowed to detain children or their parents. So in other words, the judge has ordered that we return to the catch and release policy of Obama.

It’s not over. Hopefully the other conservative judges on the court will pay attention to Thomas and stomp on these out-of-control District Court judges.

Written by Lion of the Blogosphere

June 27, 2018 at 9:06 AM

Posted in Immigration, Law

10 Responses

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  1. Why are there no conservative judges issuing sweeping injunctions that Trump’s policy must be enforced?

    It seems like the usual problem that the Left fights with no holds barred while the Right plays by the Marquis de Queensbury rules.


    June 27, 2018 at 9:47 AM

    • Virtue signaling is the impetus that gives liberals/Democrats/SJWs their gall and sense of purpose. They appear to fight tooth n nail.

      Social Justice Wars = Let the force be with you


      June 27, 2018 at 10:50 AM

    • Exactly.


      June 27, 2018 at 11:17 AM

  2. Trump needs to just start building the wall with the military, right now.

    He is commander in chief. WTF is he waiting for?


    June 27, 2018 at 11:18 AM

    • Congress already has passed a bill calling for a wall. It just hasn’t been finished. The military has almost a trillion dollar budget and precious little of what they do relates to protecting America.


      June 27, 2018 at 11:20 AM

      • Because he surrounded himself from day one with establishment shills. And the few anti establishment people he has like Miller are resentful social weirdos who are more interested in pissing off the kind of people that didn’t invite them to parties in high school and college than actually getting anything done.


        June 27, 2018 at 3:11 PM

  3. Is Thomas just an affirmative action judge or is he actually pretty insightful?


    June 27, 2018 at 11:50 AM

    • Thomas is the most insightful justice on the Supreme Court. Alas, I am very sad that he is old and will be replaced soon.

  4. I have been saying since I began to read Scott’s decisions 10 years ago that Thomas is the most conservative and interesting judge. That Scalia implies he was nuts or dumb is disgusting .


    June 27, 2018 at 2:22 PM

  5. The majority opinion say that Trump was justified because he was not being biased as it wasn’t a Muslim ban. Did it explicitly say he was allowed to be biased if he wanted to?


    June 27, 2018 at 3:07 PM

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