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Federal judge strikes down Trump asylum ban
See BS ^ | 8/02/19 | CLARE HYMES, CAMILO MONTOYA-GALVEZ

Posted on 08/02/2019 5:48:31 PM PDT by Libloather

A federal judge in Washington, D.C. ruled Friday against the Trump administration's initial asylum ban, which was announced last November. Judge Randolph Moss vacated the government's policy barring migrants from claiming asylum if they did not enter the country through designated ports of entry.

The judge found that it violates the Administrative Procedures Act (APA), which oversees the ways federal rules are established.

"Fortunately, the Court need not engage in such logical gymnastics because the language of the APA and the controlling D.C. Circuit precedent are unambiguous," he wrote. "The Court, accordingly, concludes that the proper remedy is to set the Rule aside, and the legal consequences of that result are not limited 'to the individual' plaintiffs.

(Excerpt) Read more at cbsnews.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: asylum; immigration; judge; mexico; randolphmoss; trump
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"As a matter of common usage, no one would draw a meaningful distinction, for example, between a rule providing that children may not apply for a driver's license and one providing that children are not eligible to receive a driver's license. Both locutions mean the same thing."

Need a better judge.

1 posted on 08/02/2019 5:48:31 PM PDT by Libloather
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To: Libloather

Obama chose which court decisions to obey.


2 posted on 08/02/2019 5:51:33 PM PDT by Steely Tom ([Seth Rich] == [the Democrat's John Dean])
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To: Libloather

This is why 2020 is very important.


3 posted on 08/02/2019 5:52:04 PM PDT by Biggirl ("One Lord, one faith, one baptism" - Ephesians 4:5)
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To: Libloather

It is about the Fed courts.


4 posted on 08/02/2019 5:53:05 PM PDT by Biggirl ("One Lord, one faith, one baptism" - Ephesians 4:5)
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To: Libloather

Appointed by Obama. Very interesting info about him from Wikipedia:

https://en.wikipedia.org/wiki/Randolph_Moss

“In 2000, when Moss was an Assistant Attorney General in the Office of Legal Counsel (OLC) of the United States Department of Justice, he wrote the memorandum opinion advising that the Department could not indict a sitting president.[5] “The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.””


5 posted on 08/02/2019 5:53:06 PM PDT by be-baw
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To: Libloather

An Obama judge, surprise, surprise.

https://en.wikipedia.org/wiki/Randolph_Moss


6 posted on 08/02/2019 5:53:50 PM PDT by Moonman62 (Charity comes from wealth.)
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Comment #7 Removed by Moderator

To: Libloather

The Left has discovered that the APA can be used to curtail Presidential powers, especially for a President that they don’t like.


8 posted on 08/02/2019 5:57:31 PM PDT by centurion316
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To: Libloather
Unfortunately, the Trump administration doesn't fight back hard enough. Oh, there may or may not be an appeal, but it will drag on over months. Very few members of this administration seem to feel the urgency and need for timeliness, and the need to engage in law-fare and fight back. The left has gamed the courts, and our side shrugs its shoulders and slinks away.
9 posted on 08/02/2019 6:00:32 PM PDT by Governor Dinwiddie (In Italia i fascisti si dividono in due categorie : i fascisti e gli antifascisti. -- Ennio Flaiano)
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To: Libloather

Once again - illegals have more rights than actual citizens.


10 posted on 08/02/2019 6:01:29 PM PDT by Skywise
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To: Libloather

Ever notice how the decisions that oppose President Trump’s actions always come out on a Friday?


11 posted on 08/02/2019 6:03:33 PM PDT by pfflier
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Why do we have a presidents or elections when all government decisions are decided by whichever federal judge can be purchased at the moment?


12 posted on 08/02/2019 6:08:29 PM PDT by dsrtsage (For Leftists, World History starts every day at breakfast)
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To: Libloather

When will The People start taking matters into their own hands?


13 posted on 08/02/2019 6:09:39 PM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: Libloather
Need a better judge.

With all these judges calling the shots, why do we need presidents?

14 posted on 08/02/2019 6:10:41 PM PDT by Buttons12
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To: Libloather
8 U.S.C. §1182(f)

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

15 posted on 08/02/2019 6:13:47 PM PDT by zeestephen
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To: Libloather
And lawyers wonder why they're as despised as they are.
16 posted on 08/02/2019 6:14:58 PM PDT by Gay State Conservative (A joke: Brennan,Comey and Lynch walk into a Barr...)
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Official new yard sign idea. Left background red, right background blue, big white text centered horizontally and vertically that sais:

“Buy Judge”


17 posted on 08/02/2019 6:15:06 PM PDT by dsrtsage (For Leftists, World History starts every day at breakfast)
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To: wastedyears

It is long past time for leftist judges and politicians to start disappearing under mysterious circumstances....


18 posted on 08/02/2019 6:18:17 PM PDT by NewJerseyJoe (Rat mantra: "Facts are meaningless! You can use facts to prove anything that's even remotely true!")
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To: Libloather

The APA cited here is basically the same law that killed the census question at SCOTUS.

When you’re dealing with powers that have been delegated to the Executive by Congress you have to follow Congress’ rules on how you use those powers.


19 posted on 08/02/2019 6:19:27 PM PDT by semimojo
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To: Libloather

look at the psycho molester look on that judge’s official picture


20 posted on 08/02/2019 6:20:01 PM PDT by thoughtomator (... this has made a lot of people very angry and been widely regarded as a bad move.)
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