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Judge Declares Indiana’s Syrian Refugee Order Unconstitutional (Obama Appointee)
Wall Street Journal ^ | 1 Mar 16 | Jacob Gershman

Posted on 03/01/2016 11:59:11 AM PST by xzins

Indiana unconstitutionally discriminated against Syrian refugees by freezing federal funds that were supposed to help fleeing families resettle in the state, a federal judge has ruled.

The decision is the latest legal setback for state efforts to resist plans by the Obama administration to bring in thousands of Syrian refugees fleeing the civil war in that country. According to a lawyer involved, it marks the first time a court has ruled that a state opposing the resettlement process violated the U.S. Constitution.

In other cases, like one Texas, states have sued to block Syrians from moving into their borders. Law Blog, for instance, wrote about a judge’s rejection of Texas’ request to halt Syrian resettlement. In the Indiana litigation, the state is the defendant, sued by a non-profit resettlement group for blocking pass-through federal grant funds to the private agency. The plaintiff, Exodus Refugee Immigration Inc., was going to use that money to pay for administrative costs and for employment services for Syrian refugees.

Republican Gov. Mike Pence in November ordered the policy in the wake of the Paris terrorist attacks because he said he was concerned — despite Obama administration assurances — that terrorists may be attempting to infiltrate the resettlement program. A number of other conservative governors have voiced similar fears.

U.S. District Judge Tanya Walton Pratt, in a 35-page ruling, said Indiana’s policy amounted to unconstitutional discrimination on the basis of national origin, a violation of the the Equal Protection Clause of the Fourteenth Amendment and civil rights law.

(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Extended News; News/Current Events
KEYWORDS: indiana; obama; refugee; refugeeresettlement; syrianrefugee; syriarefugees
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1 posted on 03/01/2016 11:59:11 AM PST by xzins
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To: xzins

Go Rubio! /s


2 posted on 03/01/2016 12:00:11 PM PST by stocksthatgoup (My first choice is Trump 4 economics and Not a Politician . Cruz to endorse Rubio Stay Home)
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To: xzins

Put a bunch a Syrian refugees in the judges hometown. See how that goes...


3 posted on 03/01/2016 12:00:28 PM PST by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
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To: All
In court papers, lawyers for the state argued that suspending the money was “designed to protect Indiana residents’ safety, not to discriminate based on race, ethnicity or nationality.”

The above is the position of Indiana. The judge said they were discriminating against Syrians.

How can you argue that people not in your country have been written into our constitution?

4 posted on 03/01/2016 12:00:43 PM PST by xzins (Do You Donate to the Freepathon? It's time to take YOUR turn!)
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To: xzins

Shocked face.

Thanks, GOPee, for putting a stop to this nonsense. Oh, wait...you didn’t....and, I hear you’re in talks with 0bie to work out a SCOTUS deal.

Trump, hurry up and fix this mess.


5 posted on 03/01/2016 12:01:47 PM PST by Jane Long (Go Trump, go! Make America Safe Again :)
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To: xzins

Go ahead, judge... enforce that order. Federal law also says that the administration must consult with the states before resettling any refugees, which did not happen.


6 posted on 03/01/2016 12:01:55 PM PST by alancarp (There are not enough laxatives in the world to cure that what ails Democrats.)
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To: xzins

Tell the Judge to come out and enforce his decree from the bench.


7 posted on 03/01/2016 12:02:42 PM PST by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: xzins
The first conflict of the American Revolution might be said to be the result of the Stamp Act of 1765. In August of 1765, Andrew Oliver, the Crown's stamp agent in Boston was hung in effigy from the Liberty Tree and forced to resign his commission.

"What a greater Joy did ever New England see
Than a Stampman hanging on a Tree".

Lt. Gov Thomas Hutchinson, regarded by the colonists as much too cozy with the Crown agents, and the sheriff attempted to break up the crowd around midnight only to be driven off by a hail of stones and harsh commentary.

A couple of weeks later a crowd gathered and lit a bonfire on King St in Boston. They then moved on to the house of William Story, a Crown agent in the admiralty court. The crowd swarmed the house, destroying Story's papers and his furnishings as well as Court records held there.

The crowd then moved on to the home of Boston's Controller of Customs, Benjamin Hallowell. They tore down his fence, broke out his windows, stormed the house and stripped it of contents.

The next target of the night was Hutchinson's home. The Lt. Gov. had gotten warning and sent his family to safety. But his eldest daughter had returned and declared she would stay unless Hutchinson also departed. Hutchinson retreated with her to a neighbor's house. The crowd did its work again and left only a shell and a partial roof to greet the dawn.

Thus our ancestors met overreaching government. It was not the last battle but merely a beginning. There followed the Declaratory Act and the Townsend Acts and the Tea Act. Martial law and direct resistance pushed back and forth until "The Shot Heard 'Round the World" and then it was game on.


8 posted on 03/01/2016 12:02:56 PM PST by Paine in the Neck (Socialism consumes EVERYTHING)
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To: xzins
U.S. District Judge Tanya Walton Pratt, in a 35-page ruling, said Indiana’s policy amounted to unconstitutional discrimination on the basis of national origin, a violation of the the Equal Protection Clause of the Fourteenth Amendment and civil rights law.

But yet minority only scholarships, minority college quotas, business minority set asides and government preference in hiring is AOK...

9 posted on 03/01/2016 12:04:05 PM PST by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: Jane Long

The GOPe approved this judge 95-0 in the senate.

I wonder who the five non-voters were in 2010?


10 posted on 03/01/2016 12:04:55 PM PST by xzins (Do You Donate to the Freepathon? It's time to take YOUR turn!)
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To: b4its2late

-Put a bunch a Syrian refugees in the judges hometown. See how that goes...-

We live in a tiered society. Elite people, like politicians, judges, and the wealthy do not have to deal with ordinary people. They often live in gated communities with guards. They do not have to deal with the homeless and they will never enter a convenience store or even a Walmart or Sears. It is unlikely they will ever be in an ordinary bar and they will never walk in on a robbery. No suicide bomber will ever get close to them. They must have a special view of the world as they see only a tiny and idealized slice of it. This makes them into liberals if they were not already so inclined.


11 posted on 03/01/2016 12:07:47 PM PST by Gen.Blather
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To: 2banana
Federal Marshals don't want to get involved in this.First thing you know the Sheriffs have deputized half their counties and the marshals are outnumbered 100 to 1.
12 posted on 03/01/2016 12:08:17 PM PST by Farmer Dean (168 grains of instant conflict resolution)
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To: xzins

They’re not American citizens, so the Constitution means nothing.


13 posted on 03/01/2016 12:09:17 PM PST by struggle
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To: xzins

Nauseating, isn’t it?

Yeah...I’d like to know who the non-voting five were.


14 posted on 03/01/2016 12:09:36 PM PST by Jane Long (Go Trump, go! Make America Safe Again :)
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To: xzins

“The plaintiff, Exodus Refugee Immigration Inc., was going to use that money to pay for administrative costs and for employment services for Syrian refugees.”

In other words, they use the money to feed their “non profit” bureaucracy.


15 posted on 03/01/2016 12:10:23 PM PST by Blood of Tyrants (Liberals are the Taliban of America, trying to tear down any symbol that they don't like.)
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To: xzins

The federal judge has made his decision...now let him enforce it. Pi$$ on him. Keep the money tied up!


16 posted on 03/01/2016 12:12:33 PM PST by GoldenPup
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To: xzins

Just ignore the judge.

Obama does it all the time.


17 posted on 03/01/2016 12:12:43 PM PST by Arm_Bears (Rope. Tree. Politician/Journalist. Some assembly required.)
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To: b4its2late

Put them next door to the judge.


18 posted on 03/01/2016 12:16:24 PM PST by Blood of Tyrants (Liberals are the Taliban of America, trying to tear down any symbol that they don't like.)
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To: xzins

:: unconstitutionally discriminated against Syrian refugees ::

So....where in the US Constitution / Indian Constitution are citizens of Syria protected from discrimination?

To turn it around, isn’t protecting the financial benefits of Syrians over Indiana citizens discriminatory...on its face?


19 posted on 03/01/2016 12:26:03 PM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: xzins

Send them all to DC. Repeat as necessary.


20 posted on 03/01/2016 12:26:55 PM PST by nicepaco
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