Posted on 09/20/2020 7:25:47 PM PDT by Magnatron
U.S. Magistrate Judge Laurel Beeler blocked an order by the Trump administration on Sunday that would have banned Chinese-owned messaging application WeChat from the Google and Apple app stores. Judge Beeler said that the order presents First Amendment concerns for users of the platform.
According to a report by CNBC, a California judge blocked an order by the Trump administration that would have effectively blocked the WeChat messaging application from popular mobile app stores. Some analysts feared that the China-based applications posed information security concerns for American users.
The group of plaintiffs that filed a lawsuit believe that the order would infringe upon their First Amendment rights. In her injunction order, U.S. Magistrate Judge Laurel Beeler argued that the plaintiffs have sufficiently established the necessary elements to establish their claim.
“In the attached order, the court grants the plaintiffs’ motion for a preliminary injunction on the ground that the plaintiffs have shown serious questions going to the merits of the First Amendment claim, the balance of hardships tips in the plaintiffs’ favor, and the plaintiffs establish sufficiently the other elements for preliminary-injunctive relief,” Judge Beeler wrote in the order.
(Excerpt) Read more at breitbart.com ...
So now we're letting what are essentially "assistant" Federal Judges individually block presidential directives?
What's next -- clerks?
But nobody has standing to challenge ineligible candidates for President.
Not familiar with this judge so where is he in the federal court system?
This is just a federal magistrate judge - lowest rung on the ladder. Not a lifetime Art, 3 appointment. It won’t stand.
A Magistrate Judge is just what CWW says, a low man on the totem pole. In fact, they’re so low, they are considered really just assistants to the district court judges. They are mostly relegated to administrative duties like bail hearings and such.
This is ludicrous that a judge like this can even rule on such a case as a presidential directive.
>>Judge Beeler said that the order presents First Amendment concerns for users of the platform.
You can say what you want on youtube, facebook, twitter, et al.
These Chinese apps are spyware.
And I take back what I said about being able to say what you want on YT, FB, TTR. They will censor you if they so choose.
A Magistrate Judge has zero authority to make such a ruling. It’s outside of her judicial authority. This is the magistrate judge’s abuse of her bench.
Trump Administration can simply ignore this ruling. Outside of his jurisdiction and all that.
Except for here!
I believe it is critical that the Trump administration start ignoring such absurd, improper rulings. To appeal this is to imply that there’s any chance it could be legitimate.
In a few months when various Leftist political operatives posing as judges try to steal the White House from Trump it would be good to have some precedent establishing that the Judicial branch isn’t all powerful
This only has an effect on the availability to download the app. The functionality of it inside the US will be essentially ZERO as it is illegal to host it on any ISP within the USA.
This ruling is meaningless.
The chief judge of the district court has particular say at the time of the appointment.
Let's take a look at the makeup of the Northern District Court of California, where young Laurel Beeler is peeling spuds for the Article III judges of that court:
As of September 14, 2018: Age Title Judge Duty station Born Term of service Appointed by 68 Chief Judge Phyllis Jean Hamilton Oakland 1952 2000–present &2014–present Clinton 75 District Judge William Haskell Alsup San Francisco 1945 1999–present — — Clinton 75 District Judge Jeffrey White Oakland 1945 2002–present — — G.W. Bush 64 District Judge Richard G. Seeborg San Francisco 1956 2010–present — — Obama 52 District Judge Lucy Koh San Jose 1968 2010–present — — Obama 68 District Judge Edward Davila San Jose 1952 2011–present — — Obama 67 District Judge Edward M. Chen San Francisco 1953 2011–present — — Obama 55 District Judge Yvonne Gonzalez Rogers Oakland 1965 2011–present — — Obama 58 District Judge Jon S. Tigar Oakland 1962 2013–present — — Obama 67 District Judge William Orrick III San Francisco 1953 2013–present — — Obama 60 District Judge James Donato San Francisco 1960 2014–present — — Obama 67 District Judge Beth Labson Freeman San Jose 1953 2014–present — — Obama 51 District Judge Vince Chhabria San Francisco 1969 2014–present — — Obama 51 District Judge Haywood Gilliam Oakland 1969 2014–present — — Obama ====================== 87 Senior Judge Thelton Henderson inactive 1933 1980–1998 1998–present Carter &1990–1997 73 Senior Judge Saundra Brown Armstrong Oakland 1947 1991–2012 2012–present G.H.W. Bush 78 Senior Judge Ronald Whyte inactive 1942 1992–2009 2009–present G.H.W. Bush 71 Senior Judge Claudia Ann Wilken Oakland 1949 1993–2014 2014–present Clinton &2012–2014 78 Senior Judge Maxine M. Chesney San Francisco 1942 1995–2009 2009–present Clinton 72 Senior Judge Susan Illston San Francisco 1948 1995–2013 2013–present Clinton 79 Senior Judge Charles R. Breyer San Francisco 1941 1997–2011 2011–present Clinton
& denotes Chief Judge of the Court
“John Marshall has made his decision, now let him enforce it,” Andrew Jackson said.
Maybe during Trumps 2nd term we can start removing abusive judges from the bench.
I see that his check from China cleared a few days ago.
Do we have an Attorney General? No way this minor level judge can block a Presidential order.
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