The Trump administration issued a new rule in July that changed the process for migrants seeking asylum in the United States, requiring them to apply for asylum in the first safe country they reached prior to the U.S. That new rule was, of course, blocked by an activist judge in California who issued a nationwide injunction against implementation.
The case was appealed, and a panel of Ninth Circuit Court judges, somewhat surprisingly, struck down the nationwide injunction and limited it to just California and Arizona as the case was remanded back to the district court for reconsideration. But that district court judge just insisted that a nationwide injunction was necessary and proper and reimposed the block on the new asylum rule.
Obama-appointed judge reinstates injunction
The new asylum rule issued by the Trump administration was meant to help stem massive influx of Central American migrants at the southern border with Mexico by requiring asylum seekers to apply for such status in the first safe country they reached.
Democrats and pro-migrant activists balked at the new rule and sued to halt enforcement. The Obama-appointed judge in the case, Judge Jon Tigar, sided with the activist groups and imposed a nationwide injunction that blocked the new rule from taking effect while the merits of the case were argued.
The injunction was appealed, and a Ninth Circuit Court panel of judges determined that Tigar had overstepped his jurisdiction in issuing an overly broad injunction. As such, the block was narrowed to apply solely to the Ninth Circuit’s jurisdiction, which would include only California and Arizona, and the case was sent back to Tigar for further development.
But in a 14-page ruling issued Sept. 9, Tigar used circular logic, dubious precedents, and twisted reasoning to argue that new rule would be so harmful to the activist plaintiffs that a nationwide injunction was indeed necessary, and he promptly reimposed the block.
The administration will assuredly appeal this new ruling in short order, and in the likely event that the nationwide injunction is now upheld, it will attempt to fast-track a subsequent appeal to the Supreme Court.
Barr’s decries abuse of injunctions
Interestingly, Judge Tigar’s ruling came just days after Attorney General William Barr published an op-ed in the Wall Street Journal excoriating the dramatically increased frequency with which district judges are overstepping their limited jurisdictions and issuing nationwide injunctions to stop a multitude of new laws and regulations by the Trump administration from ever being implemented.
Barr argued that injunctions were intended to be limited in nature and designed to protect only the parties directly impacted in a particular case, and he further noted that there was already a mechanism in place to address relief for affected non-parties, namely, class-action lawsuits.
“Nationwide injunctions, by contrast, create an unfair, one-way system in which the democratically accountable government must fend off case after case to put its policy into effect, while those challenging the policy need only find a single sympathetic judge,” Barr wrote.
Barr cited a recent quote from Supreme Court Justice Clarence Thomas which warned that the high court may have to take action to stem the practice of lower courts issuing broad injunctions, and wrote, “It is indeed well past time for our judiciary to re-examine a practice that embitters the political life of the nation, flouts constitutional principles, and stultifies sound judicial administration, all at the cost of public confidence in our institutions.”
It will be interesting to see what the Ninth Circuit does about the district judge who essentially ignored the higher court’s ruling, and also whether the federal bench will take steps to put an end to the abuse and misuse of injunctions by activist judges bent on thwarting an administration with which it disagrees politically.
certainly like your web-site but you need to check the spelling on several of your posts. Many of them are rife with spelling problems and I find it very troublesome to tell the truth nevertheless Ill definitely come back again.
Usually I don’t read post on blogs, but I wish to say that this write-up very forced me to check out and do it! Your writing taste has been amazed me. Thank you, very nice post.
I was curious if you ever thought of changing the structure of your blog? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or 2 pictures. Maybe you could space it out better?
I was wondering if you ever thought of changing the structure of your website? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having one or 2 pictures. Maybe you could space it out better?
Youre so cool! I dont suppose Ive read anything like this before. So nice to seek out someone with some unique thoughts on this subject. realy thanks for starting this up. this website is something that’s wanted on the web, somebody with somewhat originality. useful job for bringing one thing new to the internet!
Hey, you used to write wonderful, but the last several posts have been kinda boring I miss your super writings. Past few posts are just a bit out of track! come on!
you’re really a good webmaster. The website loading speed is amazing. It seems that you are doing any unique trick. In addition, The contents are masterpiece. you have done a great job on this topic!
Terrific post however , I was wondering if you could write a litte more on this subject? I’d be very thankful if you could elaborate a little bit more. Kudos!
Hi there, You have done a fantastic job. I will certainly digg it and for my part recommend to my friends. I am confident they will be benefited from this website.
I like what you guys are up also. Such clever work and reporting! Keep up the excellent works guys I have incorporated you guys to my blogroll. I think it’ll improve the value of my site 🙂
Nice post. I was checking continuously this blog and I am impressed! Extremely useful information specifically the last part 🙂 I care for such info much. I was seeking this certain information for a very long time. Thank you and good luck.
Thank you for another great article. Where else may just anyone get that type of info in such a perfect method of writing? I’ve a presentation next week, and I am on the look for such information.
Great paintings! This is the kind of info that are supposed to be shared across the web. Shame on the search engines for not positioning this publish upper! Come on over and consult with my website . Thank you =)
Valuable info. Lucky me I found your web site by accident, and I am shocked why this accident didn’t happened earlier! I bookmarked it.
My brother suggested I might like this web site. He was entirely right. This post truly made my day. You cann’t imagine just how much time I had spent for this information! Thanks!
Thanks for the sensible critique. Me and my neighbor were just preparing to do a little research about this. We got a grab a book from our local library but I think I learned more clear from this post. I’m very glad to see such magnificent information being shared freely out there.
Admiring the time and energy you put into your blog and in depth information you provide. It’s good to come across a blog every once in a while that isn’t the same old rehashed information. Great read! I’ve saved your site and I’m adding your RSS feeds to my Google account.
Currently it looks like Movable Type is the best blogging platform available right now. (from what I’ve read) Is that what you are using on your blog?
Hello! I know this is kind of off topic but I was wondering which blog platform are you using for this site? I’m getting tired of WordPress because I’ve had issues with hackers and I’m looking at alternatives for another platform. I would be fantastic if you could point me in the direction of a good platform.
Hello! Someone in my Facebook group shared this site with us so I came to take a look. I’m definitely enjoying the information. I’m book-marking and will be tweeting this to my followers! Exceptional blog and great style and design.
We are a group of volunteers and opening a new scheme in our community. Your web site provided us with valuable info to work on. You have done an impressive job and our whole community will be thankful to you.
Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your webpage? My blog is in the exact same niche as yours and my users would definitely benefit from a lot of the information you provide here. Please let me know if this okay with you. Appreciate it!