This was written last Friday morning, as the US Supreme Court was closing out the session with the most politically difficult cases, no doubt with armored SUVs waiting in the garage to whisk them away to their summer retreats while the smoke clears and the cries die down.
The Opinion in the first case came out, the one on Birthright Citizenship and my reaction was what a bunch of effing idiots. Not the Supreme Court Justices, they are being very careful jurists, doing their jobs, and not the lawyers for the Justice Department, they are being very careful in their research, and crafting their appeal. The the lawyers for the immigration advocates who failed to review existing Federal Case Law, on procedural issues.
The appeal was brought purely on the issue of a Federal District Court, issuing a national injunction. The case law is clear that this exceeds the authority of the Federal District Courts (or Circuit Courts) under federal law. The District Court should not have issued the sweeping injunction and the lawyers for CASA should have made the case law clear to the Court that the injunction needed to be more limited.
The Justice Department lawyers, wisely stuck to this procedural issue knowing that they were likely to prevail, and avoided the bigger issue of birthright citizenship. When the opportunity is presented to avoid the third rail issue, the wise lawyers limit the issue to the easy one.
Effing idiots should go back and take Civ-Pro 1 and Civ-Pro 2, Professor Abramson would have failed them on THE exam for this kind of an effing mistake.
To fix our messed up immigration system, Congress needs to update our immigration laws, and no one seems to be demanding that be done.
Yes, effing idiots.
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