Still Free

Yeah, Mr. Smiley. Made it through the entire Trump presidency without being enslaved. Imagine that.

Thursday, March 01, 2018

Disgrace! Follow Up

I promise I did not read this before writing my original post but it definitely underscores the point of that post:
Clarence Thomas and Neil Gorsuch issued a concurring opinion, noting that the courts should never have granted standing to this alien to begin with and that the case should immediately be dismissed, not just remanded. Existing law (8 U.S.C. §§ 1252(b)(9), 1226(c)) already kicks the courts out of this case altogether, in their opinion. Thomas seemed bewildered that the DOJ didn’t even assert this argument. This is a point I’ve made, that the DOJ didn’t assert a similar jurisdiction-stripping provision (§1201(h)(i)) against litigation pertaining to denial of visas as part of the immigration pause executive order.
Why hasn't the DOJ assert the argument? Politics. Why isn't the DOJ asserting federal law? Because the people running the place do not have the will to do so. Disgrace.

We have the laws. We lack the leadership to implement them.