Posted on 07/22/2020 11:20:29 AM PDT by BeauBo
The Federal Court has ruled that the Safe Third Country Agreement (STCA), which allows Canada to send certain refugee claimants back to the United States, is unconstitutional.
Released Wednesday, the decision from Justice Ann McDonald explicitly states that the U.S. is no longer a safe country for refugees sent back from Canada due to the risk of imprisonment...
Although McDonald’s ruling clearly states the STCA is unconstitutional, the decision does not take effect for six months, during which time the law remains in force... that decision does not come in effect until January 22nd 2021.
(Excerpt) Read more at globalnews.ca ...
The judge tut tuts about how bad America is commiting moral atrocities - but will condone it to continue, until a couple of days after Joe Biden is inaugurated. Then instead of "harsh imprisonment" under President Trump, refugee rejects from Canada will suddenly be able to enjoy "care and services" (in the same cells) under a Leftist - which makes it all right.
The overriding legal principle, as always, is Orange Man Bad.
“Canadian Judges Don’t Like Trump”
They may as well just write that there in their ruling.
We need to change federal court rules and rules in the enforcement of court actions, such that any federal circuit or appeals court case in which the court rules a government action is “unconstitutional” (a) must be sent to and heard by the SCOTUS and (b) the lower court ruling is not in affect, pending judgement against or in favor of the ruling by the SCOTUS.
We have far to many cases where the courts are making policy as if they are a super-legislature when We The People never suggested in the Constitution that they have or ever had such authority.
It seems all you need in order to change federal policy is not to elect representatives who will promote your favorite policy ruling through legislation, just get a court to act as if it was a legislature.
:: any federal circuit or appeals court case in which the court rules a government action is “unconstitutional” (a) must be sent to and heard by the SCOTUS and (b) the lower court ruling is not in affect, pending judgement against or in favor of the ruling by the SCOTUS. ::
That was the near-term effect of Marbury v. Madison.
The immediate effect was that _ONLY_ the SCOTUS could determine constitutionality of legislation laws and orders.
You described it exactly.
Good, they can keep all of them, we should send them more.
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