Posted on 03/19/2025 3:42:28 PM PDT by hardspunned
Probably the least bad panel you could get in D.C. Circuit.
(Excerpt) Read more at x.com ...
Looks bad to me.
Activists make bad judges
I thought it was settled law. Didn’t SCOTUS say it was not subject to judicial review?
It was until it wasn’t.
Thank you for calling this meeting. You are hereby informed that there is no intention of the executive branch bending to the whims of the judicial branch. Good afternoon! Dismissed!
When?
Looks like this case (in settled law) and others will be used to strangle the 30+ year judicial fiats that have tied this country in knots by unelected ideologues.
at some point, PDJT might just either ignore these irregular judicial fiats
or else send in a low ranking DOJ lawyer to make only a quick appearance to challenge the validity, jurisdiction of the order....and then walk out.
(the latter approach avoids any chance of an “contempt” ruling having any chance of success against the administration)
I made this point in another thread…
Q: who determines whether something is something is subject to judicial review?
A: The judiciary.
So, the other branches are 100% at the mercy of the judiciary.
Please make it stop!
In the landmark 1948 Supreme Court case, Ludecke v. Watkins, the court established critical precedents regarding the Alien Enemy Act and the scope of presidential power in matters of national security. This ruling underscored the non-justiciable nature of removals enacted by the president under the Alien Enemy Act, meaning these actions cannot be challenged or reviewed by the judiciary.
It’s already been determined
Unless I’m mistaken, the 5 plaintiffs, represented by the ACLU, are still in the country. The judge is the one that broaden this case on his own. He wanted planes turned around on a question that wasn’t even before him. The judge turn this into a class action before any briefs were filed.
See my number 11 post
No. It said some PARTS of the law are not, but left others open for review.
DOJ oral argument should consist of THREE simple words - GFY!
I just heard a Julie Kelly report on War Room that it will be a 3 Judge panel hearing this, one George HW Bush judge, one Obama judge, and one Trump judge. She also said this same panel ruled against Dellinger in that recent case and favorably in another one, of which I can’t recall the details.
“3. The Alien Enemy Act, construed as permitting resort to the courts only to challenge its validity and construction, and to raise questions of the existence of a “declared war” and of alien enemy status, does not violate the Bill of lights of the Federal Constitution.”
https://supreme.justia.com/cases/federal/us/335/160/
Notice the courts CAN review to things like is there a declared war and the alien’s “enemy status”.
A: The judiciary.
So, the other branches are 100% at the mercy of the judiciary.
The other branches are at the judiciary’s mercy only because they allow themselves to be because of “tradition” and their ignorance of the Constitution. The other two branches can restrict the scope of the judicial branch’s authority, or even abolish the entire legal system below the Supreme Court if they so choose. The only portion of the judicial system that is mandated by the Constitution is the Supreme Court itself.
Given that, it is patently absurd to think that a lowly district court judge can even review Presidential decisions, much less countermand them.
It says removals
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