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.
Hello. impressive job. I did not imagine this. This is a excellent story. Thanks!
Hello There. I discovered your blog using msn. That is a really well written article. Ill make sure to bookmark it and return to read more of your helpful information. Thank you for the post. Ill certainly comeback.
Have you ever thought about publishing an ebook or guest authoring on other blogs? I have a blog based on the same ideas you discuss and would really like to have you share some stories/information. I know my viewers would enjoy your work. If you are even remotely interested, feel free to send me an email.
Hello, always i used to check weblog posts here in the early hours in the break of day, because i enjoy to learn more and more.
Have you ever considered writing an e-book or guest authoring on other sites? I have a blog based on the same ideas you discuss and would love to have you share some stories/information. I know my viewers would enjoy your work. If you’re even remotely interested, feel free to send me an e mail.
I’m truly enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more pleasant for me to come here and visit more often. Did you hire out a designer to create your theme? Excellent work!
أخبار المملكةأخبار محليةأخبار السعوديةمحلياتأخبار أخبار أخبار المملكة العربية السعوديةالسعوديةالمملكة العربية السعودية
With havin so much content and articles do you ever run into any problems of plagorism or copyright infringement? My website has a lot of unique content I’ve either created myself or outsourced but it looks like a lot of it is popping it up all over the web without my agreement. Do you know any methods to help reduce content from being stolen? I’d genuinely appreciate it.
Hi! I know this is kinda off topic but I was wondering if you knew where I could locate a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having problems finding one? Thanks a lot!
Hey there! This post couldn’t be written any better! Reading through this post reminds me of my old room mate! He always kept talking about this. I will forward this article to him. Fairly certain he will have a good read. Thanks for sharing!
Do you mind if I quote a few of your posts as long as I provide credit and sources back to your website? My website is in the exact same niche as yours and my users would definitely benefit from some of the information you present here. Please let me know if this okay with you. Cheers!
This is the perfect site for anybody who wishes to understand this topic. You realize a whole lot its almost tough to argue with you (not that I really will need toâ€¦HaHa). You definitely put a new spin on a topic that has been written about for ages. Great stuff, just wonderful!
There is noticeably a bunch to know about this. I feel you made some good points in features also.
Normally I don’t read post on blogs, but I wish to say that this write-up very forced me to try and do so! Your writing style has been amazed me. Thanks, very nice article.
Very good blog! Do you have any helpful hints for aspiring writers? I’m hoping to start my own site soon but I’m a little lost on everything. Would you suggest starting with a free platform like WordPress or go for a paid option? There are so many choices out there that I’m totally overwhelmed .. Any ideas? Bless you!
I love what you guys tend to be up too. This kind of clever work and coverage! Keep up the wonderful works guys I’ve added you guys to our blogroll.
I really like what you guys are up too. Such clever work and exposure! Keep up the awesome works guys I’ve you guys to blogroll.
Ive learn some good stuff here. Definitely worth bookmarking for revisiting. I surprise how so much effort you place to create one of these excellent informative website.
wonderful post, very informative. I wonder why the other experts of this sector don’t notice this. You should continue your writing. I am confident, you have a great readers’ base already!
I cling on to listening to the newscast speak about receiving free online grant applications so I have been looking around for the top site to get one. Could you advise me please, where could i find some?
Can I simply say what a reduction to find somebody who really knows what theyre talking about on the internet. You undoubtedly know find out how to bring a difficulty to gentle and make it important. More individuals must learn this and perceive this aspect of the story. I cant consider youre not more well-liked since you undoubtedly have the gift.
I appreciate, cause I found exactly what I was having a look for. You have ended my four day lengthy hunt! God Bless you man. Have a great day. Bye
I do agree with all the ideas you’ve presented in your post. They are very convincing and will definitely work. Still, the posts are too short for beginners. Could you please extend them a little from next time? Thanks for the post.
I have been exploring for a little for any high-quality articles or blog posts on this kind of area . Exploring in Yahoo I at last stumbled upon this web site. Reading this info So im happy to convey that I have a very good uncanny feeling I discovered just what I needed. I most certainly will make certain to do not forget this website and give it a look on a constant basis.
This is really interesting, You’re a very skilled blogger. I have joined your rss feed and look forward to seeking more of your magnificent post. Also, I have shared your web site in my social networks!
An interesting dialogue is price comment. I believe that it’s best to write more on this matter, it might not be a taboo subject but generally persons are not sufficient to speak on such topics. To the next. Cheers
Wow, wonderful weblog layout! How long have you been blogging for? you make running a blog look easy. The overall look of your web site is magnificent, let alone the content!
Hiya very nice website!! Man .. Excellent .. Superb .. I’ll bookmark your site and take the feeds additionallyI’m happy to find numerous useful information here in the post, we’d like develop extra strategies in this regard, thank you for sharing. . . . . .
Thank you so much for giving everyone an exceptionally breathtaking chance to read in detail from this blog. It is usually so nice plus full of a lot of fun for me personally and my office fellow workers to visit the blog a minimum of thrice weekly to learn the newest stuff you will have. Not to mention, I’m just actually fulfilled considering the mind-boggling tricks served by you. Certain 2 areas on this page are essentially the very best we have had.
Pretty component of content. I just stumbled upon your web site and in accession capital to claim that I acquire actually loved account your weblog posts. Anyway I will be subscribing on your feeds and even I achievement you get admission to persistently fast.
Thanks , I have recently been looking for information approximately this topic for ages and yours is the best I have found out till now. However, what concerning the bottom line? Are you sure about the source?
I have been exploring for a bit for any high-quality articles or blog posts in this kind of area . Exploring in Yahoo I eventually stumbled upon this site. Studying this information So i am glad to show that I’ve an incredibly just right uncanny feeling I found out just what I needed. I such a lot definitely will make sure to do not fail to remember this site and give it a glance on a constant basis.
very good submit, i certainly love this web site, carry on it
Hi! This is my first visit to your blog! We are a group of volunteers and starting a new initiative in a community in the same niche. Your blog provided us valuable information to work on. You have done a extraordinary job!
Thank you, I have recently been searching for info about this subject for a long time and yours is the greatest I have found out so far. However, what about the conclusion? Are you positive concerning the supply?
Great I should definitely pronounce, impressed with your site. I had no trouble navigating through all the tabs and related info ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or something, web site theme . a tones way for your client to communicate. Excellent task..
Its actually a nice and useful piece of information. I am glad that you shared this helpful information with us. Please keep us informed like this. Thanks for sharing.
I do not even know the way I stopped up here, but I believed this submit used to be great. I don’t know who you’re however certainly you are going to a well-known blogger when you are not already 😉 Cheers!
It’s a shame you don’t have a donate button! I’d certainly donate to this fantastic blog! I guess for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to fresh updates and will share this website with my Facebook group. Chat soon!