Free Republic

Judge John Bates of the U.S. District Court for the District of Columbia made the remarks Thursday at a townhall-style event on judicial independence in Philadelphia at the National Constitution Center. Though he did not name Trump specifically, his comments left little mystery as to whom he was referring. “There are a lot of pressures,” Bates said. “The pressures are fairly severe in some quarters. And there’s a risk of eating away at the rule of law, eating away at judicial independence, and that’s not easily recovered if it is impacted.” “‘Once the independence of judges is destroyed, the Constitution...

The Trump administration on Tuesday formally asked the Supreme Court to block a nationwide ban on the administration's new asylum policy that was unilaterally instituted by a Ninth Circuit Court of Appeals judge last month. In a November news conference days before the midterm elections, Trump had vowed to turn away all asylum seekers who attempt to cross the border illegally instead of properly presenting themselves at ports of entry. The president, who has long said the asylum process is rife with fraud, said the emergency policy was necessary as the leading Central American migrant caravan approached the U.S. border...

The 9th U.S. Circuit Court of Appeals upheld a temporary restraining order against a Trump administration policy that denies asylum to illegal aliens. The 2-1 decision is the latest setback the 9th Circuit has rendered to President Donald Trump’s immigration agenda. “Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the executive legislate from the oval office,” Judge Jay Bybee wrote for the majority. Former President George W. Bush appointed Bybee to the bench, and the judge has a conservative reputation.

SAN FRANCISCO — A divided U.S. appeals court late Friday refused to immediately allow the Trump administration to enforce a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. The ban is inconsistent with an existing U.S. law and an attempted end-run around Congress, a panel of the 9th U.S. Circuit Court of Appeals said in a 2-1 decision. "Just as we may not, as we are often reminded, 'legislate from the bench,' neither may the Executive legislate from the Oval Office," 9th Circuit Judge Jay Bybee, a nominee of Republican President George W. Bush, wrote for...

Split 3rd Circuit Upholds NJ's Ban on Large-Capacity Gun Magazines The U.S. Court of Appeals for the Third Circuit has rejected a challenge to New Jersey’s ban on firearm magazines holding more than 10 rounds. The appeals court, by a 2-1 margin, said the law limiting high-capacity magazines does not violate the Second Amendment, the Fifth Amendment’s Takings Clause or the Fourteenth Amendment’s Equal Protection Clause. The court affirmed an order from the U.S. District Court that denied challengers’ motion to preliminarily enjoin enforcement of the law. Judges Joseph Greenaway Jr. and Patty Shwartz ruled to affirm the lower court....

A federal judge in New York has ruled the Trump sanctuary city crackdown illegal Friday — but even went further and also ruled the law Congress passed requiring information-sharing is unconstitutional. Judge Edgardo Ramos‘ decision frees sanctuary jurisdictions in New York, Connecticut, New Jersey, Rhode Island, Washington, Massachusetts and Virginia to continue their policies without fear of losing federal money. The judge said the Trump administration attempted to write new conditions of cooperation, including notifying the feds of illegal immigrants ready for pickup, beyond what Congress had authorized. He said it is up to Congress to decide those conditions. “The...