How to wreck nationwide injunctions for everyone else
Following on the heels of my Substack post on the most excellent ruling by Judge Mary Kay Vyskocil (District court judges are not the elected Chief Executive), we get this.
The nation’s high court did not explain the decision, but it said the stay of the lower court judge’s mandate would terminate should the administration ultimately lose an appeal on the merits. Litigation is ongoing, but is expected to take years to complete.
The Supreme Court’s order on Monday allows the Trump administration to resume carrying out expedited removals of dozens of unauthorized immigrants to countries other than their own.
A local court order turned into a nationwide injunction that insisted the Administration halt all deportations to countries other than the “individuals'” home country. The premise appears to be that even when someone crossed multiple borders to enter America illegally without due process, we can’t deport them to just any old destination. Even if they travelled from the Middle East to Nicaragua before hopping on the UN/USAID/Biden displacement express, we can’t deport them to Nicaragua either.
SCOTUS has declared that the Trump Administration may deport illegal entrants wherever it chooses until or unless the lawsuit resolves itself to some other conclusion.
The Supreme Court’s short decision did not explain its reasoning. But the three liberal justices scrawled scathing dissents, all but accusing the majority of crowning Trump as King of America. For his part, Judge Murphy threw a tantrum and promptly entered another order, again blocking the eight men from removal to Sudan, this time under a different theory and citing a previous order on his docket.
Biden Appointee Judge [Brian] Murphy (who was introduced to the US Senate for confirmation by Lizard Warren) is the Masshole who penned the original injunction, and has taken clown world to a new level. The one intuited in the headline.
The matter of local court orders by unelected judges interfering with the will of the people’s elected chief executive is a matter the Supremes will have to address in the shadow of one such court issuing an injunction in response to the US Supreme Court overturning same from that court, by that judge.
I’m not sure that came out correctly.
- An unelected local robed yahoo issues an injunction handcuffing the duly elected Chief Executive on a matter constitutionally placed in his care.
- SCOTUS tells the Federal Government to ignore that and proceed with those deportations at its discretion while the lawsuit winds its way through the geologically slow American court system.
- The same local yahoo, pissed off that SCOTUS jumped his turnstile, unbinds his twisted panties long enough to come up with a new reason to reup the same injunction the same day SCOTUS overturns it.
Even the increasingly invertebrate Chief Justice Roberts is unlikely to look kindly on that. Put another way, Brian Murphy is begging for a bit of Murphy’s Law. “Anything that can go wrong will go wrong.”
He acted with the force of law, was shown the tiny judicial woodshed by his ecclesiastical masters, but is such a narcissistic psychopath that he can’t help but (sort of) issue a new one.
U.S. District Judge Brian Murphy said late Monday that his injunction blocking the deportation of certain non-citizens to South Sudan and other third-party countries “remains in full force and effect,” notwithstanding a 6–3 Supreme Court ruling earlier in the day that cleared the Trump administration to resume the removals.
Still not his job, and an act that can only accelerate the Constitutional matter of whether Podunk judges can pretend to be Chief Executives in their free time.
I think it is safe to say that they have rights within their jurisdictions, but not beyond. Challenges to this are already in the pipeline, and we can expect an expedited process, thanks in part to Mr. Murphy.
At least I hope that’s the case. Even the liberal witches who agreed with Murphy on this and lost can’t be too keen on the likelihood that some backwater activist would toss aside whatever emerged from their cauldron like a toddler who hates peas.
While we wait for the High Court to decide what to do about Mr. Muprhy, let’s cross our fingers and toes (if that’s something you can even do) or pray the district court injunction chaos is reined in as soon as possible.
I’m not against a bit of impeachment theater either. Judges can and are removed for lesser “crimes” and he hasn’t been at this job for that long.