Friday, August 16, 2019

Another 9th circuit court judge overturned

Appeals court sides with Trump administration on asylum rule, limits injunction
A federal appeals court sided with the Trump administration on Friday in the legal battle over its efforts to limit asylum claims from Central America – blocking, for now, a nationwide injunction that blocked the implementation of the rule.
Last month a California federal judge blocked the rule that would require migrants to first apply in one of the countries they cross on their way to the U.S. – with certain exceptions. The rule is tailored to target Central Americans from the Northern Triangle of Guatemala, El Salvador and Honduras who would travel across multiple countries, including Mexico, before claiming asylum in the U.S.
But the San Francisco federal appeals court for the 9th Circuit on Friday ruled that the injunction imposed by the California federal judge can only apply in states within the court’s jurisdiction in the western U.S. The ruling says that the court failed to discuss why a nationwide injunction was necessary to remedy the harm alleged by those immigration advocacy groups named in the lawsuit.
The article goes on to suggest that there was no actual reason for the Judge to order a national injunction (something that has been happening at alarming rates recently). Logically, if there was no good reason to order an injunction nationally, there was probably not a good reason to order any injunction at all. This injunction (or what is left of it) will likely get overturned either by the 9th or by the USSC.

While it's nice to see another bad ruling overturned, the best part about this was the fact that the appeals court saw the blunder of the national injunction. Without the power of the national injunction, the 9th circuit is only going to affect the 9th circuit. If you do not live in California, Hawaii, etc, then there is no need to fret on how they rule. The danger has always been that some crazy west coast liberals file a lawsuit, get some crazy west coast liberal Judge, who then makes a crazy west coast liberal ruling and demands it be followed everywhere. This practice must stop.

2 comments:

anonymous said...

Another win for the authoritarian regime of trump.....Lil scotty dances in glee!!!!!!

Commonsense said...

The usurpation of power inherent in a nation-wide injunction made even the 9th circuit uneasy.

Maybe some sanity is returning.