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Judge Again Denies Texas Request to Ban Syrian Refugees
Newsweek ^ | 2/8/2016

Posted on 02/08/2016 6:29:46 PM PST by Elderberry

AUSTIN, Texas (Reuters) - A U.S. judge denied for the second time a request by Texas to bar relief agencies from bringing Syrian refugees into the state, a decision that could have a bearing on the attempts of 30 other governors to block refugees from their states.

U.S. District Judge David Godbey said the Republican leaders who have fought the resettlement have not shown Texas would suffer irreparable harm.

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


TOPICS: Culture/Society; Front Page News; Government; News/Current Events
KEYWORDS: hijrah; texas
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To: Elderberry

Have Texas ban them anyway.


41 posted on 02/08/2016 7:06:01 PM PST by apocalypto
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To: Elderberry

And what will this POS judge do if his “orders” are ignored?

Nothing, that’s right, NOTHING. Screw these self serving assholes!


42 posted on 02/08/2016 7:07:46 PM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Elderberry

Time to do a big wipeout of feral judges.


43 posted on 02/08/2016 7:10:15 PM PST by 867V309 (Trump: Bull in a RINO Shoppe)
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To: JennysCool

Why does it have to be any harm at all? The has decided that these refugees have the right to come into a sovereign state. He has ruled that the sovereign state of Texas has no authority over foreign nationals. He’s sick with power and should be removed from office.


44 posted on 02/08/2016 7:10:18 PM PST by raybbr (That progressive bumpers sticker on your car might just as well say, "Yes, I'm THAT stupid!")
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To: Elderberry; All
Thank you for referencing that article Elderberry. Please bear in mind that the following critique is directed at the article and not at you.

”. . . have not shown Texas would suffer irreparable harm.”

FR: Never Accept the Premise of Your Opponents Argument

With all due respect to the judge, I wonder what law school he got indoctrinated at? (Ouch! Evidently Harvard Law School. Corrections welcome.)

The problem with the politically correct question of irreparable harm is this. The question has nothing to do with the federal governments constitutionally limited powers.

More specifically, judges and attorneys are evidently not trained to first go the federal governments constitutional Article I, Section 8-limited powers to find a clause which reasonably justifies the action of the feds being challenged. Although Section 8s ”Uniform Rule of Naturalization” clause (1.8.4) looks interesting in this case, please note the following.

Politically correct interpretations of the ”Uniform Rule of Naturalization” clause aside, interpretations used to justify federal immigration laws, please note the following. Both Thomas Jefferson and James Madison, Madison generally regarded as the father of the Constitution, had written that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate immigration, such power being unique, 10th Amendment-protected state power. This is evidence by the excerpts below.

Here is the relevant excerpt from Jeffersons writings.

” 4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that ”the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” the act of the Congress of the United States, passed on the - day of July, 1798, intituled ”An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force [emphasis added].” - Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.

And here is the related excerpt from the writings of James Madison in Virginia Resolutions.

”That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the ”Alien and Sedition Acts” passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, . . .

. . .

. . . the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people [emphasis added]. ”- James Madison, Draft of the Virginia Resolutions - December 1798.


45 posted on 02/08/2016 7:15:13 PM PST by Amendment10
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To: Elderberry

Good. Send them to his home town.


46 posted on 02/08/2016 7:15:35 PM PST by SkyDancer ("Nobody Said I Was Perfect But Yet Here I Am")
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To: Elderberry

Wow, we sure have a bunch of communists judges to kick off the bench.


47 posted on 02/08/2016 7:18:19 PM PST by Logical me
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To: Elderberry

In the article it says that they haven’t shown Texas would have irreparable harm , but the refugees are able to get housing subsidies, social security health care and more benefits.

It also says that the refugees pose a risk but that the burden of that risk is with the federal level, not the state level.
How can that be when the states pick up many of the costs and absorb the risks just the same as with illegal immigrants?


48 posted on 02/08/2016 7:19:30 PM PST by Whenifhow
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To: Elderberry

what damn judge has the right to overrule States rights in a matter like this?
to hell with them, just because they wear black robe does not make them the ultimate authority in society. American has a right to protect itself and keep itself safe and undisturbed by spreading Islam, including sneaking in in the form of refugees. To hell with these damn judges. long ago in the Bible they were smart enough to get rid of judges, maybe we need to have another purge in these modern times. Just who the hell do they think they are?


49 posted on 02/08/2016 7:19:44 PM PST by LeoWindhorse
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To: LeoWindhorse

how about hanging judges, instead of Islamonazi apologist judges?


50 posted on 02/08/2016 7:21:22 PM PST by LeoWindhorse
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To: Elderberry

Why again is a federal judge telling Texans what they can and cannot do?

The governor should stop it now and make the texas congress pass legislation - to hell with a U.S. district judge...


51 posted on 02/08/2016 7:22:11 PM PST by acw011 (Great Goooogly Mooogly!)
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To: Lurker

YEP!


52 posted on 02/08/2016 7:28:33 PM PST by fedupjohn (America...Designed by Geniuses...Now inhabited by Idiots..Palin 2016...)
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To: acw011
to hell with a U.S. district judge...

You're gonna see a lot of those "Terrorist Hunting Licenses" down there. Open season, no bag limit.

53 posted on 02/08/2016 7:29:33 PM PST by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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To: Elderberry

Texas needs to settle all of these “refugees” in this “judge’s” neighborhood.


54 posted on 02/08/2016 7:30:07 PM PST by FlingWingFlyer (Viruses and diseases must be DemocRATS. They love open borders.)
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To: RedMDer

“Federal judges can not be recalled. Only impeached by Congress.”

Every member of Congress is complicit in keeping the Fraud in the rainbow mosque.

Why would they do anything that their master does not desire?


55 posted on 02/08/2016 7:34:00 PM PST by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: FlingWingFlyer
Texas needs to settle all of these “refugees” in this “judge’s” neighborhood.

Yep. Send 'em all to Dallas. That's where his courthouse is. Don't know what neighborhood is his.

56 posted on 02/08/2016 7:41:08 PM PST by Elderberry
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To: Elderberry

This is ridiculous. Who gives a damn what the judge says. Keep the terrorists out. What is the judge going to do? Have his 40 pound overweight Marshall arrest someone? I’d lead a succession movement before following this blowhard’s order.


57 posted on 02/08/2016 7:47:17 PM PST by Founding Father (The Pedophile moHAMmudd (PBUH---Pigblood be upon him); Charles Martel for President)
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To: Elderberry

It would be Interesting to see his call list for the past 30 days


58 posted on 02/08/2016 7:47:18 PM PST by jsanders2001
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To: tennmountainman
> The lesson here is never bring them in, or you will never be able to kick them out.

Merkel knows after she screwed the future of her country over for 30 pieces of silver. I wonder how much Soros wired to her bank account.

59 posted on 02/08/2016 7:50:45 PM PST by jsanders2001
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To: WENDLE
> Why are not TEXANs in the streets? I’m curious?- just fat and sassy?

Because this type of news is not over-sensationalized by the Marxist MSM like a shooting staged or assisted by the current administration. Most people don't hear about news like this unless they hear it from the right wing.

60 posted on 02/08/2016 7:57:33 PM PST by jsanders2001
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