This is one step further than simple Lawfare, this story is about lower court judges openly strategizing ways to stop the enforcement of laws they are supposed to uphold.
Last week the Fifth Circuit Cout of Appeals ruled that detaining illegal aliens during the deportation proceedings is entirely following current immigration law [SEE HERE]. Now, according to Politico, federal judges in Texas are openly strategizing ways to work around that higher court ruling and keep giving bond releases to illegal aliens under the guise of “liberty interest.”
POLITICO – […] two federal district court judges in Texas, who are bound by the New Orleans-based 5th Circuit’s ruling, said the 2-1 decision left an opening for them to continue granting immigrants’ release on other grounds, primarily constitutional arguments against detaining people who have established roots in the U.S. without due process. Those roots amount, in legal parlance, to a “liberty interest” that the Constitution says cannot be taken away without at least a hearing before a neutral judge.
“This conclusion is not changed by the Fifth Circuit’s recent decision,” Judge Kathleen Cardone, an El Paso based appointee of George W. Bush, ruled late Monday in at least five cases, concluding that the circuit’s decision “has no bearing on this Court’s determination of whether [the petitioner] is being detained in violation of his constitutional right to procedural due process.”
Judge David Briones, an El Paso-based Clinton appointee, reached a similar conclusion.
“The Court reiterates its original holding that noncitizens who have ‘established connections’ in the United States by virtue of living in the country for a substantial period acquire a liberty interest in being free from government detention without due process of law,” Briones wrote.
The decisions from the Texas-based judges are notable in part because the administration has often rushed detainees there after their arrests in other states such as Minnesota.
A spokesperson for the Department of Homeland Security did not immediately respond to a request for comment.
A Justice Department official, granted anonymity to speak candidly, said the rulings were in keeping with the view that there are rogue judges who continue to make results-oriented decisions to suit their personal policy preferences.
The 5th Circuit’s ruling has yet to percolate through federal courts across Texas and Louisiana, where detained immigrants have been filing so-called “habeas” petitions in extraordinary numbers to seek freedom from what they say is illegal detention without the opportunity for bond. The losing parties in Friday’s ruling may still appeal the decision to the full bench of the 5th Circuit or the Supreme Court. (more)
Lower courts trying to circumvent higher court rulings, even before any plaintiff brings them a case or argument.
This is judicial activism in the extremes.
This is what happens when people don’t go to prison for their crimes.
Ding Ding Ding!! Winner Winner Chicken Dinner!!!
The judicial robe they wear is colored black as a remembrance to exercise the office without bias. This highlights how far from the mark judges fall when they resort to judicial activism in the extreme.
Our Constituion is the Law of the Land.
Retired Magistrate here: Unfortunately no, it is not. In the real world the law is what a judge/magistrate says it is on any given day in any given court. I keep repeating this but no one wants to hear it.
Another reality is that civilly anyone can sue anyone whether or not there are grounds and you still have to defend yourself or the other side automatically wins by default judgemnt.
In a criminal case, as well as civil cases, attorneys judge shop to find the “right kind” of judge who will return the ruling/verdict the attorneys are seeking. Even if the case is one with little or no merit, you still have to defend yourself or the other side wins.
The way the judicial system operates now is why I am a “retired magistrate.”
I would include “prosecutorial discretion” to the abomination of the justice system. A lot of cases don’t even go up to the prosecutor because policy decisions preclude presentation if the case does not meet arbitrary thresholds.
A cop is not going to arrest and report when he already knows the states attorney won’t take the case, even when a clear violation exists.
And that’s why nooses were invented.
Problem is….nobody uses them..unless their garage door pullers.
So what you’re saying Marcia is that our judicial system has become what any sporting event has become-who is best or comes out on top on one particular day.
And that doesn’t include the myriad ways of cheating.
They (judges) need another black robed individual to exorcise the demons that have invaded their minds, bodies and souls. Spit
Or suffer public humiliation or financial harm.
…..or be disbarred and stripped of any further access to positions in the judiciary due to their attempts at distorting the law and bypassing their limited Constitutional authority.
That solution certainly works for me. I’m not sure it would be legal though.
Problem is the group who decides barring an individual is full of the same unconstitutional boobs that make those decisions.
True!! 🎯🎯
Therefore,
I, “Reglar Merican”, can go be a squatter in those judge’s homes and once I claim this vague, non-defined “established connections” to the Judge’s home and contents (checking account, credit cards, car keys, retirement accounts, streaming services, meals deliveries, etc., & maybe the judge’s wife if I think she’s hot, or daughter) I can just stay there.
Stay there, because I am there.
(not circular reasoning at all)
Foreigner Squatter’s Rights – wow, we have a new “penumbra emanating” from The Constitution as it “lives and breathes”!!
Because sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil.
Ecclesiastes 8:11
oh God. we’re never going to win. all our people are too dim and cowardly.
This is what happens when people think of themselves as above the law.
More evidence of a failing society.
It is time to begin disbarring judges.
Good luck with that.
You misspelled “arresting”.
You misspelled “hanging”.
Well, that would be a small start. Maybe we need something more permanent? Just sayin’!
I mean, who are judges? Lawyers in black robes….Who are lawyers? ~95% democraps…See the problem?….What did Sheakspear say about lawyers?
Last I heard Japan had ~ 2800 lawyers….In DC, there are about 2800 – per block.
Remington, many years ago, I read that there were more lawyers within the district of columbia beltway than all of Japan…. Too many lobbyists buying our politicians? Asking for curious cat.
Long past the time to do that. Unfortunately, the democrats are no longer the loyal opposition, they have become the party of insurrection and disobedience.
Not disobedience: lawlessness
“Not disobedience: lawlessness”
In our constitutional republic civil disobedience is not just our right, it’s an obligation, used to bring attention to potential lawlessness.
It would seem that some form of consequence needs to be placed on Judges to reel them back to constitutional jurisprudence. I would propose a “3 strikes and you out” rule. Overturned by a superior court three times, and you are removed. 3 is random, but it is “catchy”. I figure if the Senate can change their rules, so can the judiciary.
In conjunction with impeaching them and/or jailing them.
Defunding and SCOTUS slap downs are in order! One can dream..,
That which is rewarded (or unpunished) will be repeated.
Too bad we don’t have a judicial police force. Not that I want to further expand the Federal government .
Well, they can be disbarred, and for most of them (not all jurisdictions) that would mean they would no longer be eligible to serve as a judge. But it is up to the respective state bar associations to disbar a lawyer for unethical behavior, including extreme partisanship, but they have themselves fallen far to the left.
The entity who would disbar them is (1) not accountable to We the People and (2) is run by persons who are exactly of the same caliber.
Could they be impeached by the State Legislature?
“But it is up to the respective state bar associations to disbar a lawyer for unethical behavior, including extreme partisanship, but they have themselves fallen far to the left.”
You are correct – the Bar Associations AND the law schools suffer from leftist occupation.
The leftist Long March Through The Institutions has inflicted terrible damage to all society.
The judiciary is supposed to police itself. They are supposed to be their own police force. Other peer judges should keep rogue judges in-line. If that fails the higher courts should police the lower courts, up to and including the Supreme Court telling all lower courts to knock off the political bias.
But that is not happening. They are all covering for each other. John Roberts is especially guilty of being cowardly and refusing to reign in lower courts. Instead he whines that the other branches are interfering if they point out the outrageous behavior by judges.
This is worse than judicial activism. This is treason against the United States of America and it should be dealt with as such.
Of course, when major parts of all three branches of government at all levels of government are actively supporting the treason, it’s difficult to hold them accountable.
I pray that God would guide President Trump in dropping the Federal Hammer on all of these traitors. They deserve the ultimate punishment for treason as stated in federal law.
It’s judicial insurrection against any immigration enforcement in the United States on the other hand Israel is allowed the strictest and absolutely brutal immigration enforcement in the world. 🤔
The corrupt judicial insurrection you speak of is not limited to the area of immigration enforcement.
This treasonous cancer has metastasized to all parts of our government at all levels and to every area of American life that is “touched” by government. Which means all of American life.
Way too many judges/justices in our country have become malignant tumors on the body politic, destroying our constitutional republic bit by bit. Treason itself is a political/cultural cancer. That’s why federal law calls for the death penalty in cases of treason.
By the way, none of this has anything to do with Israel. To the people of Israel I would say “You do you. God bless you.” None of our business.
I was thinking treason was the better word for it. Thanks for saying it.
Fear…it’s all they have left…..
NO MERCY!
Agreed! NO MERCY! NO more restraint. The “r” side of the UniParty needs to do away with tolerance, restraint and silence. Let’s wait for that “strongly worded letter”!
Meanwhile, those “peaceful protesters” in Minneapolis are still trying to kill ICE agents. BTW…”Rapid Responders” is not a typo this is what one of the lunatic groups going around chasing and obstructing ICE vehicles calls themselves.
Arrests?
Was that meant to be Rapid or Rabid? They certainly appear to be rabid.
Not a Prius!
They likely used a stolen vehicle to hit the fed’s
All I saw was one smashed car. It didn’t show what preceded it.
Very sketchy video!
It is hard for this foreigner to understand how weird the American system is, but then I almost forgot the system under which we are burnded on this side of the pond.
There is a thing called the European Court of Human Rights which makes up British law on the hoof.
This despite us not being in the EUSSR anymore.
At least it’s your own criminal beaks who are screwing America.
My understanding, Patrick, is that that is the one thread which prevents Brexit from being complete. The one thread which remains uncut which is slowly strangling the life out of the former “Great” Britain…. the European Court of Human Rights.
And possibly the unspoken reason that thousands of invaders are welcomed daily to rape and pillage its citizens by a perfidious government (Labour and Tory) which hold the scissors but will not use them.
Whose “Human Rights”?
Not yours.
I know Betsy, the whole system is rotten to its core. God bless America and God help the rest of us.
Love
It seems we cannot even help ourselves, dear friend. Our system is failing us at every turn. Or at least those who administer it.
My heart is always with you….💕
It is my understanding that Keir Starmer is the one who wrote the EUHR’s rules on immigrants when he was part of that court. Do you know if that is true?
Thanks.
Whilst I cannot verify this, it is more than likely, as he was our sort of Attorney General before the coup de tat which propelled him upwards.
Am I the only one who sometimes wonders whether MAGA is just too late? It seems that every avenue of correction is effectively blocked.
Not to say I’m a doomer; with God all things are possible!
Or possibly is not trying hard enough.
Too late for it to be a cakewalk, anyway. So the enemy has hardened defenses that we didn’t know about. No surprise, after several decades of preparation.
To answer your question……Yes……Pat Buchanan was MAGA and ahead of his time…..If Technology was like it is today in 1992…..Pat Buchanan would have been President and none of what’s happening today probably doesn’t exist…….We missed the boat….That’s reality…..
Obstruction of justice
They are in open rebellion against the gubmint.
Lets suppose President Trump tells them to take a hike.
Then what?
He just did so with a Boasberg ruling which said that illegals deported to El Salvador had been deprived of their “rights and due process”.
I missed if he told the administration to bring them back, but there would be no point of such a ruling if he didnt.
At any rate, he is being ignored.
Watch this space for future developments which there are bound to be 😎
Boasbeg is the worst sort of judicial activist…in fact probably THE worst of the coterie of Marxist judges.
A political, ideologically corrupted judiciary will be the final death blow to this Republoc.
Can’t say we were not warned…
“You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.
Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privileges of their corps…
Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.”
~Jefferson
“Honest as other men”?
These days?
Damning.
Spot. On.
Impeach a couple of them and you’ll see either a termination of the plan or a line up of self identifying martyrs ready for early retirement.
That has been tried with Boasberg and never made it to first base.
I think you meant, arrest.
I believe that lawyers call this a “conspiracy” and it is punishable by law with prison time.
Where are the honest prosecutors?
Congress needs to step in and once for all put a stop to these power hungry judges. They need to be told, keep to your lane or you will be put on permanent paid leave (this will be cheaper than all the money and time wasted continually fighting against their illegal rulings).
Which Congress are you referring to? One in a parallel universe?
“Congress needs to step in and once for all put a stop to these power hungry judges.”
Would this be the same power hungry congress that feeds off the actions of these power hungry judges?
“It’s a Big Club……and you and I ain’t in it”
-George Carlin
Are there written opinions?
In our legal system, any court holding must be rooted in precedent.
So what cases are these two citing to declare that people here illegally for long enough get squatters rights?
My guess is there are no such holdings, and they are now just making s___ up out of whole cloth.
I kinda like their thinking, figurin I can now keep that 100 grand I bank-robbed 5 yrs ago – as I got a definite interest in maintaining my liberty.
Does that “liberty interest” preclude prosecution from illegal entry? How about a decision from the grown-ups?
What “liberty interest” did any federal judge award to Ashlee Babbitt? 🤔
The executive branch has a constitutional right and duty to ignore unconstitutional orders from the judicial branch.
This El Paso “President for a Day” inferior court judge speaks of criminal (by virtue of breaking into our country) illegals as having “constitutional rights”.
And I would like to know, since they remain citizens of another country, how they have those rights.
I have yet to see that question either addressed or tested.
Yes. It could also be called a natural (God-given) right. If there was no constitution, they would still have the right to igonore unconstitutional orders.
After the midterm elections, IF Republicans retain control of the House of Representatives, then the President should begin to “veto” blatantly irrational and unconstitutional judicial decisions. Just refuse to acknowledge them as valid.
But before then, if President Trump even hints at ignoring a judicial ruling by some clown district court judge someplace, it will become the top Democrat party talking-point going into the November elections. They already try to call him a “dictator.” a “threat to OUR Democracy” and all the other slurs. Those nonsense allegations do get traction with the gullible Dem base. More importantly it gives Dems a smokescreen to hide their election-frauds.
If Democrats take the House the only thing they will focus on is passing articles of impeachment against President Trump and everyone in his administration. If Republicans hold the House they can block ridiculous impeachment resolutions.
No lawyer or anything law except perhaps breaking a jay walking once, yet it seems that the supreme said they could not adjudicate outside their courtrooms and it sounds like they are. What they the really wise on this?
These rogue and corrupt judges are playing with their own lives.
If one of the illegals kills somebody or rapes someone’s loved one,
There’s many people out there who would Luigi a judge for protecting the illegal and not sending them back.
One or two times and every judge in the land would be wearing ice badges on their robes.
Haven’t heard of that happening ever, tbh. They’ve let millions of criminals back on the streets and not once have I heard a Judge being disposed of by angry parent(s) for letting the criminal illegal rapist/murderer go. I’ve heard of judges/political figures being eliminated by the leftist whackos though.
They are strategizing ways to break the law
And CONgress will do nothing to stop it. Emperor Roberts will do less than nothing.
This is what a 3 branch of gubmint coup d’état against a sitting President & 80M citizens looks like.
The Department of Homeland Security prosecutors needs to show up at every hearing with a completed appeal to 5th Circuit Court of Appeals.
The old west had Judge Parker, known as “the hanging judge”.
It would appear today’s west may need such a judge again.
“By any means necessary”.
We are being dragged by evil forces into a very bad place.
The loathing and hatred of decorum pertaining to established law by activist judges is leading us to a tipping point.
Remember the Alamo!
Insanity.
There is no reason for the Executive branch to pay heed to the rulings of district judges unless and until the Supreme Court has rules. The idea that one tyrant like Boasberg can hamstring a President who is lawfully executing his Consitutional mandate is absurd.
It is everywhere. In Wyoming our legislative session opened on Monday and the Chief Justice of the Supreme Court spoke. Her court had recently ruled that “abortion IS healthcare” and is fully allowed. They made their own law in the ruling.
She then in her speech doubled down with her version of the “I am the law” speech.
Grotesque and disturbing.
Bet she is a prolific political donor to one Dem or another.
Wyoming? We are really screwed..,
First take Colony ridge out and the mass deputize millions of Americans.
This country no longer has “Judges” who hold only this country and The Constitution and Law at their chest.
All who occupy the bench have pledged an Oath to the
British
Accreditation
Registry
B.A.R.
They are all shysters with exception of very few who continue fighting for this country while the rest are involved in the destruction of this country.
There was a time when Lawyers were banned from any federal government office and we can see what has happened since they have saturated every corner of government.
To many sit on the bench who are radical Foreign born who have become the guardians denying prosecution of the real criminals.
cth stopped working in my other browsers
In Dissenter it says forbidden and in Brave it closes the browser. In Brave it was working yesterday.
Now in Firefox it won’t let me message Sundance – I’m one of the earliest members here.
I keep having my posting disappear while I’m writing. So I just come back AND DO IT OVER. THERE IS SOMETHING WICKED GOING ON AND IT’S NOT COMING FROM CTH.
When something important is on here someone tries to disrupt.
Firefox helps brace and googoo and Safari allow it to happen
Maybe we need to verify these judges have a license to practice law in the state and prosecute those practicing law, instead of enforcing laws, from the bench.. stop paying lawyers to represent those in the country illegally.. as long as the tax payer is footing the cost we will have this problem.. whack the taxpayer teat off and the lawyers will look for funding elsewhere..
..
There’s judicial activism and then there are actions that correspond to a seditious conspiracy to undermine and overthrow the current government.
And just lookie here! SPIT!!!
https://canadafreepress.com/article/somali-immigrants-declared-that-a-part-of-minnesota-has-been-claimed-for-the-government-of-somalia
Actually, the Somalis can take the entire state of Minnesota for all I care!
I don’t think that would work out well.
2020:
Source: https://en.wikipedia.org/wiki/File:Minnesota_Presidential_Election_Results_2020.svg
and 2024:
Source: 2024 United States presidential election in Minnesota – Wikipedia
A LOT of us that live here, would NOT be NICE about it.
They all need to be herded to the top tip going east, dark blue, including their lib com friends. Wall it off and trade for Alberta!
Could someone start ”strategizing” on how we quickly impeach and fire these people.
Also, we need to strategize on how to stop paying taxes, because we don’t actually ”pay” taxes. Taxes are mostly taken at source and deducted; we don’t get to decide whether we pay or not.
The people openly working against us, against the laws, while at the same time taking any tax or fee or fine from us, do not respect us. We need to bring them to heel. Can we do just one of these judges? Is it too much to ask to do just one?
The RINOS won’t even impeach Boasberg! Johnson is counting the days until he can hand the House to the Democrats!
Change my mind! 🫡
Judicial Watch? Are we ignoring one group that might make a difference or is trying to do that? What do you think?
Total chaos and anarchy when judges conspire to break the law.
“It should be remembered, as an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also; in theory only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted nowhere but with the people in mass. They are inherently independent of all but moral law … “— Letter to Judge Spencer Roane, Nov. 1819
Th Jefferson
A person that steals away on a vessel has no liberty interest. A person that breaks into my home has no liberty interest. A person that breaks into my country absolutely has not one nanoscale liberty interest. These judges need to be impeached, or if another remedy exists, removed from the bench and disbarred.
Lock them up.
I don’t recall reading about a “liberty interest” in the Constitution. You’re right. These judges need to be removed.
A “liberty interest” is a term of art that comes out of the Supreme Court’s interpretation of the 14th Amendment. There is process “due process” – like, were you arraigned within a certain number of days post criminal arrest as required by statute – and then there is “substantive due process” that attaches when one has a “liberty interest.” It lies within the 14th Amendment, specifically.
A liberty interest was found, for example, in the right to teach your kids in German (very old case). In the rights of the common man at common law in England, which transferred directly to the citizens of the new Republic, there exists a parental right to raise your own child. That is a sufficient liberty interest to allow a family to defy a government when it says no, you cannot teach your child in German. There is nothing specific in the Bill of Rights saying that you have that exact right, but the combination of the 10th Amendment reserving the unenumerated rights to the people, plus the 14th Amendment = constitutionally protected.
What these judges are doing is starting with that concept and then finding that as an offshoot, if you have developed sufficient ties by way of starting a business or a family here in the US, that is a cognizable liberty interest that means the government has to go to extra leaps and bounds to take that away from you.
They are wrong. SCOTUS has a long history of distinguishing between the constitutional rights of US citizens and the very limited rights of aliens (legal or illegal).
These judges know this. But they are making stuff up as a rear guard action, delaying until something changes in the Executive Branch or at SCOTUS.
Thank you for this explanation.
Thank you, Alex1689. I’ll have to go back and read those two amendments. Appreciate you taking the time to respond.
110% agreed.
They are Criminals, by entering illegally, and not being US Citizens, should not have the same rights as US Citizens, under the US Constitution.
I wonder if the situation was reversed & a US citizen illegally entered another country, how That country would deal with the criminal act of Illegally entering Their country…? < Rhetorical ?, not looking for an answer here.
IMO, of course.
ICE detainers are interrupting a crime in progress. Police are allowed to detain suspects and even material witnesses from a crime in progress.
Illegal entry to the US is a crime.
Remaining in the US illegally is a crime. Illegals found inside the US are in the act of committing that crime.
Texas is lost, y’all. It’s purple now, but it will be solid blue soon.
I don’t think actively subverting the federal government was a role that the founders imagined for the independent judiciary, but they never could have imagined the Neo Confederate Anarchist Party, either.
Yeah , but from what I read here. Jefferson did know and warned us.
HOGWASH!!
BUSHIES continue to torment us.
Why doesn’t SCOTUS discipline these rogue judges?
Come on man, they have an institution to preserve.
Federal District Courts are created by Congress. Congress has to do something, but you know they won’t.
Surly there’s a Congress Critter in Texas that while pursue impeachment.
I hear you, but what is the solution? We can’t be a Republic if we are not a nation of laws. What these judges are doing amounts to an insurrection, doesn’t it? Where is the DOJ?
Yes, 100%
Round them all up and take them to Guantanamo for Military Tribunals for treason — enough of this insurrection/coup d’etat!!!!!
Yes — 100%
This was meant to reply to AZPPatriot.
They already are wearing black for the Funeral of The Republic.
“Liberty interest” acquired by living illegally in the USA?!? Where did THAT bs come from?
They made it up like “penumbras and permutations,” that led to abortion on demand up to birth.
It was an emanation from a penumbra.
In laymen’s terms, a whoopie cushion.
LOL!!
Make Judicial Impeachment Great Again. Also Congress needs to reform the judiciary while they have numbers. They won’t, because they agree with the rogue judges.
So, in my many years (senior citizen), I have never ever heard of any such “liberty interest.” Is it spelled out in the Constitution? Is it granted as part of an existing law that was passed in accordance with the Constitution’s provisions?
Can someone enlighten me.
See Alex1689 comment posted further back on this page.
Exactly what “Constitutional Rights” do illegals have??
Well if you believe MSM they have more than citizens and are also entitled to freebies paid for by aforementioned citizens.
Their Due Process is in the Immigration Courts, which are Executive Branch courts. They can have lawyers present and file motions. They get ample due process, but their main problem is BREAKING A LAW. I mean, they did it. There’s nothing left for them to say.
I am reminded of that movie, the Pelican Brief.
You can thank the weak Republican House for this outcome.
An inferior judiciary, in complete rebellion.