Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Laws and oaths: Making the case for why POTUS Trump should IGNORE Fed judge’s asylum ruling
The National Sentinel ^ | 11/20/18 | USA Features

Posted on 11/20/2018 12:13:40 PM PST by SleeperCatcher

Conflicted: Because the presidents who nominate them are political, federal judges who are appointed to the bench are political as well, which is why our country gets so many rulings from that conflict — or appear to conflict — with U.S. law.

We got another one on Monday: A federal judge in California, appointed to the bench by President Obama, ruled that POTUS Donald Trump has no authority to issue an executive order changing asylum rules that are clearly being abused by hordes of migrants.

The Associated Press reported:

…U.S. District Judge Jon Tigar agreed with legal groups that immediately sued, arguing that U.S. immigration law clearly allows someone to seek asylum even if they enter the country between official ports of entry and temporarily barred the ruling from going into place while the case is heard.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” said Tigar, a nominee of former President Barack Obama.

Except, of course, when Obama changed immigration law by claiming authority to stop the deportation process for so-called “Dreamers.”

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: asylum; constitution; executiveorder; federalcourts
Navigation: use the links below to view more comments.
first previous 1-2021-4041-47 next last
To: Electric Graffiti

...and of course, the armed citizenry are the ultimate authority!!


21 posted on 11/20/2018 1:03:07 PM PST by Kalamata (How to interpret The Revelation: http://bibleresearchtools.com/bible-study-video-series/)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Electric Graffiti

...and of course, the armed citizenry are the ultimate authority!!


22 posted on 11/20/2018 1:03:08 PM PST by Kalamata (How to interpret The Revelation: http://bibleresearchtools.com/bible-study-video-series/)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Electric Graffiti; Kalamata

IOW, the executive, legislators, and judges all take oaths to uphold and defend the Constitution of the United States.

If the courts are the final arbiters of what is constitutional and the judges violate their oaths, then we’re farked. <-—We are here.


23 posted on 11/20/2018 1:06:55 PM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Electric Graffiti
"The courts are not the final arbiter of what is constitutional. That should be clear to the dimmest of bulbs"

Seems like there are more than a few dim bulbs sitting on the bench who believe they have the right to say what the law is.

24 posted on 11/20/2018 1:13:03 PM PST by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory !!)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Rashputin

Marbury v Madison was a power grab by the court.
Imagine that? The law is what we say it is. Cool. We unelected judges should run the place.

The executive and legislature don’t even need to take an oath to uphold and defend the Constitution, we the unelected black robed tyrants have got this handled. Sit back and relax while we define the constitutional powers that you’re allowed to have under the Constitution.


25 posted on 11/20/2018 1:17:48 PM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
[ Post Reply | Private Reply | To 24 | View Replies]

To: DannyTN

“No,
Trump should appeal the ruling, all the way to SCOTUS if necessary.
And if he doesn’t win there, Congress needs to act to change the law.
And Congress needs to consider impeaching the judge.”

Yes! Appeal this Judges ruling but keep this Executive Order in place until the Supreme Court decides otherwise.


26 posted on 11/20/2018 1:29:08 PM PST by puppypusher ( The world is going to the dogs.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: puppypusher

“Yes! Appeal this Judges ruling but keep this Executive Order in place until the Supreme Court decides otherwise.”

These actions by these radical leftist judges are not happening by chance. This is a coordinated effort to #resist #stall and #sabotage President Trump.

I said that they would increase these injunctions[unconstitutional edicts] as time went on and I was right. Is President Trump supposed to appeal every injunction that comes down the pike? With no guarantee that SCOTUS will even take it up? Months on end with no resolution?

That effectively nullifies the power of the presidency. Which is exactly why they’re doing it.


27 posted on 11/20/2018 1:42:16 PM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
[ Post Reply | Private Reply | To 26 | View Replies]

To: DannyTN
Trump should appeal the ruling, all the way to SCOTUS if necessary.

You have ie back asswards Tell the judge to pound sand and continue on enforcing his rules, make the tyrant judge move his case forward. The worst thing the President ever did was acknowledge some tyrant district judge had the power to determine immigration law. If he doesn't get a handle on it his Presidency is over.

Imagine a dozen of these tyrants all at one time, where do you go then?

28 posted on 11/20/2018 2:10:15 PM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: DannyTN
If you ignore the process that has been set up

This is not the process that was set up, why do you ignore that? District Judges had authority in their own district, until recently, who changed that?

29 posted on 11/20/2018 2:16:19 PM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: DannyTN
If there is wiggle room, then Trump should appeal the ruling. Because if the ruling stands, Trump can’t fulfill his constitutional duty to defend the borders

It should not be a court matter it is within the President authority, if he doesn't deal with it in a powerful way, kiss 2020 goodbye. Coulter is right.

30 posted on 11/20/2018 2:21:06 PM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: DannyTN

Say that again?


31 posted on 11/20/2018 2:23:33 PM PST by New Jersey Realist ( (Be Nice To Your Kids. They Will Pick Out Your Nursing Home))
[ Post Reply | Private Reply | To 5 | View Replies]

To: Electric Graffiti

I have wondered for many years if “here” would come in my lifetime. Yes, “we are here”.


32 posted on 11/20/2018 2:32:13 PM PST by Kalamata (How to interpret The Revelation: http://bibleresearchtools.com/bible-study-video-series/)
[ Post Reply | Private Reply | To 23 | View Replies]

To: itsahoot

As I understand it the judge cited a very specific immigration law.

Unless the judge’s interpretation of the law is wrong and that opinion is overturned by an appellate court or SCOTUS, then it’s not within the President’s authority (as much as I would like it to be). The President is sworn to uphold the law. And this judge has ruled that the Congressional intent was clear that anyone no matter how they got here can apply for Asylum.

Maybe Trump can consider that they broke the law by entering the country illegally in the asylum process and reject them after consideration. But if the judge’s ruling stands, then Trump has to allow them to apply even if he rejects their application after consideration.


33 posted on 11/20/2018 2:34:22 PM PST by DannyTN
[ Post Reply | Private Reply | To 30 | View Replies]

To: New Jersey Realist

My double click is getting worse. I’m getting triples lately.


34 posted on 11/20/2018 2:35:14 PM PST by DannyTN
[ Post Reply | Private Reply | To 31 | View Replies]

To: goldstategop
Trump’s response to the rogue judge should be to tell him to try to enfirce his ruling.

It's a trap.

The Democrats WANT him to ignore the judge, in order to serve as the basis for an impeachment charge. Better would be to get a Supreme Court ruling that would gut the ability of hundreds of federal judges to each have veto power over the President (at least, when he's Republican).

35 posted on 11/20/2018 2:40:24 PM PST by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
[ Post Reply | Private Reply | To 2 | View Replies]

To: goldstategop
Courts have no independent enforcement powers. Part of the system of checks and balances. Judges aren’t tyrants in black robes.

What courts DO do, is give cover to bureaucrats to ignore Presidential orders. Which is what will happen.

Any low-level official who disregarded the President's order will be protected by Civil Service regs from being fired. Conversely, any bureaucrat who obeys the President's order in defiance of the judge risks being personally sued, and risks being fired at some point in the future when a new administration takes office.

Back in Jackson's time, he had the power to fire, on the spot, anyone who refused to carry out his order. Trump does not currently have that power.

36 posted on 11/20/2018 2:45:10 PM PST by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
[ Post Reply | Private Reply | To 10 | View Replies]

To: DannyTN

They have to get in first !!!


37 posted on 11/20/2018 2:45:50 PM PST by Trump Girl Kit Cat (Yosemite Sam raising hell)
[ Post Reply | Private Reply | To 33 | View Replies]

To: Trump Girl Kit Cat

True and the razor wire is a nice addition to make sure that doesn’t happen. But they haven’t secured the entire border with it yet.


38 posted on 11/20/2018 2:48:08 PM PST by DannyTN
[ Post Reply | Private Reply | To 37 | View Replies]

To: Trump Girl Kit Cat

True and the razor wire is a nice addition to make sure that doesn’t happen. But they haven’t secured the entire border with it yet.


39 posted on 11/20/2018 2:48:08 PM PST by DannyTN
[ Post Reply | Private Reply | To 37 | View Replies]

To: SleeperCatcher

Andrew Jackson time.


40 posted on 11/20/2018 3:20:33 PM PST by YogicCowboy ("I am not entirely on anyone's side, because no one is entirely on mine." - J. R. R. Tolkien)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-47 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson