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Judge rules law key to sanctuary cities crackdown is unconstitutional
The Hill ^ | 07/27/18 | Aris Folley

Posted on 07/27/2018 7:03:05 PM PDT by yesthatjallen

A judge on Friday declared a law the Trump administration has relied heavily on in many of its lawsuits against so-called sanctuary cities as unconstitutional.

In a 58-page opinion, Judge Harry Leinenweber rebuked Attorney General Jeff Sessions and the Trump administration’s efforts taken to penalize sanctuary cities, CNN reported.

Leinenweber moved to strike down the underlying law, known as Section 1373, which mandates that local governments share the immigration status of individuals with the federal government.

The ruling from Leinenweber, an appointee of former President Reagan, currently only applies to Chicago, though the judge reportedly said he intends for the ruling to be applied across the country.

Leinenweber previously issued a ruling temporarily blocking immigration-related conditions that the administration had imposed on federal law enforcement grants in an effort to penalize sanctuary cities, a ruling an appellate court upheld.

The judge has now made his initial ruling on the grant conditions permanent and is taking aim at the underlying law the administration has depended on in its sanctuary city lawsuits, CNN reported.

Leinenweber cited a recent Supreme Court ruling legalizing state gambling laws in his opinion Friday as justification for declaring as unconstitutional the underlying law used in the sanctuary city legal battles.

The Supreme Court ruling in question found that the federal government could not prohibit states from passing laws they choose, which Leinenweber also noted in his opinion arrived between the time he had considered the case preliminarily and now.


TOPICS: News/Current Events
KEYWORDS: immigration; sanctuarycities
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1 posted on 07/27/2018 7:03:05 PM PDT by yesthatjallen
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To: yesthatjallen

These judges are so out of control!


2 posted on 07/27/2018 7:06:29 PM PDT by madison10 (Pray for Brett Kavanaugh and President Trump)
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To: yesthatjallen

So a Tyrant claims that he rules America, not the Americans.

My ancestors knew what to do with a guy like that.


3 posted on 07/27/2018 7:07:43 PM PDT by Regulator (And So Do We)
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To: yesthatjallen

Fine, stop all federal grants to all law enforcement agencies. Then issue on a case by case basses with a condition that they cooperate with the feds to receive the grants.


4 posted on 07/27/2018 7:09:13 PM PDT by JoSixChip (He is Batman!)
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To: Regulator

“The Supreme Court ruling in question found that the federal government could not prohibit states from passing laws they choose”

Oh OK.

The SB1070 in Arizona is perfectly legal.

But another one of his buddies said Federal law overruled it.


5 posted on 07/27/2018 7:09:22 PM PDT by Regulator (Guess Not)
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To: yesthatjallen

We NEED Kavanaugh confirmed now


6 posted on 07/27/2018 7:10:22 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: yesthatjallen

What an absolute IDIOT of a judge.....remove this buffoon ....common sense and logic would dictate that if you are in our republic illegally and are being aided and abetted by a state or city government their should be reporting throughout all state and federal agencies....any American citizen gets screwed if they happen to run afoul of the law ...but I digress...IDIOT globalist nonsensical legislating from the bench A-hole...Leiberweiner...or whatever. He needs to be mugged.


7 posted on 07/27/2018 7:10:46 PM PDT by mythenjoseph
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To: yesthatjallen
the federal government could not prohibit states from passing laws they choose

The problem with sanctuary laws is that the states are violating the supremacy clause by trying to invalidate federal law with regards to immigration, an issue squarely within the constitutional powers of the US Congress.

8 posted on 07/27/2018 7:12:06 PM PDT by AndyJackson
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To: Regulator

No sh*t. Mine wouldnt stop at tar and feathers. Musket ball thru the head was the norm.


9 posted on 07/27/2018 7:12:15 PM PDT by max americana (Fired libtard employees 9 consecutive times at every election since 08'. I hope all liberals die.)
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To: JoSixChip

Stop all grants and then pay the locals for cooperating. Pay them generously. Each deported alien saves the US thousands of dollars a year. Give the local law enforcement agencies thousand of dollars for each illegal they detain and turn over.


10 posted on 07/27/2018 7:12:19 PM PDT by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping List)
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To: madison10

These judges need to be impeached, convicted and removed from office, then indicted, tried, convicted, and sentenced to publicly hang for giving aid and comfort to the enemy.

All it takes is the carcass of one traitorous judge rotting off the noose to set a precedent for the rest of these leftist judges.


11 posted on 07/27/2018 7:13:40 PM PDT by Carl Vehse
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To: yesthatjallen

I believe that this judges interference in matters that he has no jurisdiction over are in fact Highly Unconstitutional. What a hypocrite.


12 posted on 07/27/2018 7:15:41 PM PDT by Revel
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To: Carl Vehse

I guess secession then is legal, since a state can overrule or ignore federal authority.


13 posted on 07/27/2018 7:16:11 PM PDT by CondorFlight
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To: Carl Vehse
All it takes is the carcass of one traitorous judge rotting off the noose to set a precedent for the rest of these leftist judges.

Interesting thought.

King Henry II of England did something similar. Upon discovering that some of his judges were selling justice to the higher bidder, he sent emissaries to take a look at what the judges were doing. Upon finding a corrupt judge, the emissary would drag him out of his courtroom and publicly hang him.

You'd be surprised at just how quickly the court system cleansed itself.

14 posted on 07/27/2018 7:17:11 PM PDT by Publius
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To: P-Marlowe
Stop all grants and then pay the locals for cooperating. Pay them generously. Each deported alien saves the US thousands of dollars a year. Give the local law enforcement agencies thousand of dollars for each illegal they detain and turn over.

I like it!
15 posted on 07/27/2018 7:18:58 PM PDT by JoSixChip (He is Batman!)
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To: AndyJackson
".....immigration, an issue squarely within the constitutional powers of the US Congress.

Therein lies the problem. Since grants are appropriations, Congress needs to specify that cooperation with immigration officials is a requirement in exchange for the money.

16 posted on 07/27/2018 7:19:19 PM PDT by buckalfa (I was so much older then, but I'sm younger than that now.)
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To: CondorFlight
"...or ignore federal authority...."

What if the Feds tell you to ignore Federal Law?

17 posted on 07/27/2018 7:21:29 PM PDT by Paladin2 (no spelchek, no problem...)
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To: madison10

These judges are so out of control!

...

He’s a Reagan judge and this is a state’s rights issue.


18 posted on 07/27/2018 7:21:54 PM PDT by Moonman62 (Give a man a fish and he'll be a Democrat. Teach a man to fish and he'll be a responsible citizen.)
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To: P-Marlowe

I’ve said it before: just launch a bounty on every illegal alien found and SHIPPED to the border. They have to be pushed to the other side of the border and you receive a check from the feds.


19 posted on 07/27/2018 7:22:25 PM PDT by max americana (Fired libtard employees 9 consecutive times at every election since 08'. I hope all liberals die.)
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To: yesthatjallen
though the judge reportedly said he intends for the ruling to be applied across the country.

Hey, your dishonor, you ruled on a specific case for the city of Chicago. It is not up to you to have that ruling apply across the country. You are a District Judge of the United States District Court for the Northern District of Illinois. You are a court of first impression,thus your decision is only binding in your district. It is only persuasive in other Federal courts or state courts.

20 posted on 07/27/2018 7:23:33 PM PDT by TheCipher (To my mind Judas Iscariot was nothing but a low, mean, premature Congressman. - Mark Twain)
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