Appeal to Supreme Court, now that Kavanaugh is seated.
Unfortunately, this is being appealed in the Stalinist Ninth Circuit.
We already know how the Ninth will rule.
The only question is how many years it will take before it even gets to the Supreme Court.
Actually, there is a second question....
Why does Trump trust politically corrupt DOJ lawyers to competently plead his TPS case in federal court?
From the article !
In a September 5, 2018, opinion piece in the Wall Street Journal, Sen. Ben Sasse (R-Neb.) stated:
It’s predictable now that every Supreme Court confirmation hearing will be a politicized circus. This is because Americans have accepted a bad new theory about how the three branches of government should work—and in particular about how the judiciary operates.
In the U.S. system, the legislative branch is supposed to be the center of politics. Why isn’t it? For the past century, more legislative authority has been delegated to the executive branch every year. Both parties do it. The legislature is weak, and most people here in Congress want their jobs more than they want to do legislative work. So they punt most of the work to the next branch.
The consequence of this transfer of power is that people yearn for a place where politics can actually be done. When we don’t do a lot of big political debating here in Congress, we transfer it to the Supreme Court. And that’s why the court is increasingly a substitute political battleground. We badly need to restore the proper duties and the balance of power to our constitutional system. [Emphasis added.]
Section 244 of the Immigration and Nationality Act (INA), which implements TPS, is a prime example of the delegation of legislative authority to the executive branch about which Sen. Sasse refers. As my colleague Mark Krikorian explained in 2016:
Congress in 1990 created [TPS] in an attempt to hem in unilateral executive actions on immigration. The law created a framework for presidents to let illegal aliens from a country stay here for a limited period of time if there was a natural disaster or civil violence back home that made the country “unable, temporarily, to adequately handle the return of its nationals.” The point was to prevent presidential freelancing.
SCOTUS needs to issue a major smackdown of these circuit judges.
Trump IS THE EXECUTIVE. He HAS THE AUTHORITY to enforce immigration law AS HE SEES FIT.
The next bozo who sticks there nose into this is getting disciplinary sanctions.
THAT is what needs to happen.