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Federal judge blocks enforcing EO that threaten funding to sanctuary jurisdictions

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Phoenix

Member
I wish people stopped just assuming "conservative" judges 100% always agree with the legislative output of "conservative" administrations.

I can't wait for the moment when Trump's appointed judge disagrees with him. The meltdown may go to the Earth's core.
 
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DAMN!

This guy needs to run for President.

Awesome bold statement but at the moment he is doing better work in his current position.
 
It was blatantly unconstitutional. It's illegal to pressure or in this case black mail states to comply to enforce immigration laws. It's the federal government job to do that. Another thing I like to point is that this the reason why the federal government and state government boundaries should always be clear. I remember during Obama administration that some people supported the idea of striping state government some power. But we will quickly reminded why it was a terrible idea. I think that both sides should respect these boundaries. It can backfire years later.

So you're saying the art of the deal is now unconstitutional? How can you a run business, let alone an entire government, without blackmail?
 

Armaros

Member
It was blatantly unconstitutional. It's illegal to pressure or in this case black mail states to comply to enforce immigration laws. It's the federal government job to do that. Another thing I like to point is that this the reason why the federal government and state government boundaries should always be clear. I remember during Obama administration that some people supported the idea of striping state government some power. But we will quickly reminded why it was a terrible idea. I think that both sides should respect these boundaries. It can backfire years later.

Also the supreme court has previously ruled that you can only withhold funding when the actual money in question is specifically related to the disagreement between state and federal. So trying to strip a widerange of funding for immigration would be a no-no
 

Madness

Member
I wish people stopped just assuming "conservative" judges 100% always agree with the legislative output of "conservative" administrations.

Did that happen when Scalia was still alive? The court is made up the same as then you know.

There is no way they wouldn't rule in his favor. People were predicting 4-4 splits before Gorsuch nomination for the previous executive orders. Kennedy has often been the swing conservative justice, but I do not believe he would vote against the others, Roberts has also been a swing conservative justice. We'll see but I do not see a happy outcome if it goes to the Supreme Court.
 

Cagey

Banned
You guys thinking this is a win with a 5-4 Supreme Court in Trump's favor now... almost every single ruling and even appellate ruling will go the Supreme Court where he will get 5-4 victories in his favor. Hell if anything happens to any of the other liberal old judges, you could have a conservative Supreme Court majority for 30-40 years.

This is an overly simplistic application of politics to the judiciary.

https://en.wikipedia.org/wiki/New_York_v._United_States
https://en.wikipedia.org/wiki/Printz_v._United_States

Check the composition of the majorities in each of the two most relevant Tenth Amendment decisions here.
 

Deku Tree

Member
Wait so the GOP supports states rights when it is to maintain racism, but the GOP is against states rights when the states are trying to stop racism?
 
Wait so the GOP supports states rights when it is to maintain racism, but the GOP is against states rights when the states are trying to stop racism?

I gave up with how the GOP tries to think. If it is against God, gives a woman or minorities rights or makes hurts a corporation the GOP is against it.
 

devilhawk

Member
Also the supreme court has previously ruled that you can only withhold funding when the actual money in question is specifically related to the disagreement between state and federal. So trying to strip a widerange of funding for immigration would be a no-no
It's a bit more complicated than that; see my previous post. It's all about the term "unduly coercive."
 
Wait so the GOP supports states rights when it is to maintain racism, but the GOP is against states rights when the states are trying to stop racism?

Its why it was never going to work. If allowed this precedent would mean a president could strong arm a state into doing he's bidding or be withheld funding and that would mean a future democrat president could do the same to conservative red states. Its the why this also won't even be heard at the Supreme Court like his other stupid executive orders.
 

slit

Member
There is no way they wouldn't rule in his favor. People were predicting 4-4 splits before Gorsuch nomination for the previous executive orders. Kennedy has often been the swing conservative justice, but I do not believe he would vote against the others, Roberts has also been a swing conservative justice. We'll see but I do not see a happy outcome if it goes to the Supreme Court.

If Kennedy did before, why would he not now? Also, Roberts pretty much saved Obamacare singlehandedly.
 
Its why it was never going to work. If allowed this precedent would mean a president could strong arm a state into doing he's bidding or be withheld funding and that would mean a future democrat president could do the same to conservative red states. Its the why this also won't even be heard at the Supreme Court like his other stupid executive orders.

i'd like one of these cases to be heard at the SC just to shut the people up on twitter etc on how it's a travesty that "liberal" judges are stopping their orange god
 

devilhawk

Member
If Kennedy did before, why would he not now? Also, Roberts pretty much saved Obamacare singlehandedly.
Huh?

Kennedy and Roberts both ruled against the ACA in an issue extremely similar to this thread in that medicare funding could not be coercively used to force expansion of the program. Only two justices ruled in favor of it.

Roberts said:
As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threatening existing Medicaid funding. Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer.
 

jaekeem

Member
This constraining understanding of the federal spending power is actually a conservative position (Sotomayor & Ginsburg dissented when something similar came up regarding the ACA). It was started by the Rehnquist court, and it's all essentially just a state's right thing.

Thank god for federalism.

It's really quite funny how decades of conservative jurisprudence pushing back against the federal government are now stinging the cheeto tyrant repeatedly. hehe
 

devilhawk

Member
This constrained understanding of the federal spending power is actually a conservative position (Sotomayor & Ginsburg dissented when something similar came up regarding the ACA). It was started by the Rehnquist court, and it's all essentially just a state's right thing.

Thank god for federalism.
Surely, posters in this thread also favorably reacted to the ACA ruling that rejected the forced Medicare expansion under the same reasoning. Surely.
 
They know they can just throw out unconstitutional bullshit orders that will be struck down and their supporters will say they're doing a good job and it's evil "liberal activist judges" striking down the orders
 

Chumly

Member
This constraining understanding of the federal spending power is actually a conservative position (Sotomayor & Ginsburg dissented when something similar came up regarding the ACA). It was started by the Rehnquist court, and it's all essentially just a state's right thing.

Thank god for federalism.

It's really quite funny how decades of conservative jurisprudence pushing back against the federal government are now stinging the cheeto tyrant repeatedly. hehe
Seriously. They are going to rule 9-0 against that dumbass. none of the conservatives on the court could rule for the trump administration without being blatant partisan hacks. Especially already turning down the Medicaid expansion. Which had a vastly better argument than whatever the trump administration is trying to do
 

slit

Member
Huh?

Kennedy and Roberts both ruled against the ACA in an issue extremely similar to this thread in that medicare funding could not be coercively used to force expansion of the program. Only two justices ruled in favor of it.

I'm talking about the mandate that forces individuals to have insurance. Kennedy ruled against the mandate. If Roberts had as well it would have killed Obamacare since without the mandate it doesn't work.
 
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