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Supreme Court as a Court of Politics, Not Law - (Explains Judge Sullivan's Intent)
Center for Immigration Studies ^ | By John Miano on April 30, 2020

Posted on 05/13/2020 9:20:08 AM PDT by 11th_VA

... There were 35 amicus briefs filed in oppositions to the rescission of DACA. Among them, I could only find 10 that could generously be classified as making serious legal arguments. Within this group, the brief of Administrative Law Scholars was particularly good and is worth reading by those interested in the DACA legal issues.

For the most part, the amicus briefs are naked political documents. Many rely on anecdotes as evidence that would be inadmissible in a court of law. Some attempt to be relevant to law by tacking a legal argument already made by the parties to the end of their political statement. Instead of arguing why the Court should come to the legal conclusion that DACA should stay, most amici argue why the Court should come to the political conclusion that DACA should stay. Amici treat the Supreme Court as a court of politics. And the Court lets itself be treated as a court of politics.

One should keep in mind that the Supreme Court does not open its amicus doors wide for the little people. It is expensive to file an amicus brief. It has to be filed by an attorney who is a member of the court. The brief has to be printed and bound. The amicus brief is a game for insiders and not for the general public.

When the Supreme Court opens its doors to political arguments made by insiders, it is entirely reasonable for the public to view the Court as a political body...

(Excerpt) Read more at cis.org ...


TOPICS: Constitution/Conservatism; Extended News; Politics/Elections
KEYWORDS: buildthefence; daca; dreamact; dreamers; obamagate
Explains a lot about Judge Sullivan's intent ...
1 posted on 05/13/2020 9:20:08 AM PDT by 11th_VA
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To: 11th_VA

If Sullivan dismisses, then who would appeal it? If Sullivan refuses to dismiss, then Flynn can appeal.


2 posted on 05/13/2020 9:22:59 AM PDT by Fido969 (In!)
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To: 11th_VA

Whatever his intent (and I agree it is pretty clear), his process is naked political. He shifted his standards depending on who was winning the case. Bias judge, not neutral. not by a long shot. EVERYTHING he is doing is part of the “get Flynn” and “get Trump” efforts.


3 posted on 05/13/2020 9:26:03 AM PDT by Cboldt
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To: Fido969

Why couldn’t the DOJ appeal? At this time it is their motion that is being denied. Gen Flynn has spent enough money on legal fees.


4 posted on 05/13/2020 9:26:50 AM PDT by GAGOP
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To: 11th_VA

DACA was never legal.
Then again neither was the usurper who started it.
But the GOP went along with both.


5 posted on 05/13/2020 9:26:56 AM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: Fido969
If Sullivan refuses to dismiss, then Flynn can appeal.

I think that's the intent - I think we're at the sentencing stage. He wants cover to imprison Flynn (he already pleaded guilty). Then for Trump to pardon.

6 posted on 05/13/2020 9:27:44 AM PDT by 11th_VA (May you live in interesting times - Ancient Chinese Proverb)
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To: 11th_VA

Everyone keeps looking for a sophisticated way to explain Judge Sullivan’s actions, I think it is a big waste of time and choose to go with the most probable and simple answer:

CORRUPTION AND BRIBERY!!!


7 posted on 05/13/2020 9:32:53 AM PDT by eyeamok
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To: 11th_VA

The DOJ dismissed the case their is no crime any longer NOTHING for Trump to have to pardon this is INSANITY!!


8 posted on 05/13/2020 9:33:03 AM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Trump Girl Kit Cat

their = there oops


9 posted on 05/13/2020 9:33:35 AM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: 11th_VA
Explains a lot about Judge Sullivan's intent ...

Yup! Easy to see that this judge is a piece of communist Democrat shi!.

10 posted on 05/13/2020 9:35:32 AM PDT by Logical me
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To: 11th_VA

This is a strong move by the judge.

Use his strength against him.

Channel his strength and let him fall to the ground.


11 posted on 05/13/2020 9:35:55 AM PDT by blueunicorn6 ("A crack shot and a good dancer”)
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To: 11th_VA

All the more reason to release the names of the unmaskers. If Barr won’t do it, Grenell should.


12 posted on 05/13/2020 9:35:58 AM PDT by jersey117
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To: Lurkinanloomin

Yep, it was never a law.
It was an attempt to create “Executive Law” similar to when Presidents create National Parks by Executive Order.


13 posted on 05/13/2020 9:43:05 AM PDT by Zathras
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
There were 35 amicus briefs filed in oppositions to the rescission of DACA. Among them, I could only find 10 that could generously be classified as making serious legal arguments. Within this group, the brief of Administrative Law Scholars was particularly good and is worth reading by those interested in the DACA legal issues. For the most part, the amicus briefs are naked political documents. Many rely on anecdotes as evidence that would be inadmissible in a court of law.

14 posted on 05/13/2020 10:43:20 AM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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