What Politics Am I Missing here?
One Federal Judge ruled against the Administration using Title 42 to expel families due to Covid. Another Federal Judge said children can not be exempted. A different Federal Judge wanted weekly reports.
Meanwhile, the state of Texas is filing more challenges to the stopping of expulsion. Arizona is also asking for the expulsions to continue.
Advocates for immigrants are asking for expulsion to be stopped due to humanitarian reasons.
Update on Title 42: Brewing Legal Challenge – Texas Impact, Human Migration, March 24, 2022
On March 4, 2022, a federal judge ruled the Biden administration cannot use Title 42 to expel families that are being persecuted. Neither can they be returned to “dangerous situations.”
The court ruling has yet to come into effect, however, the ruling was made to reflect the changing pandemic situation. The judges stated that the health emergency policy reflects a time when vaccines and other health measures were not possible, but now in light of the availability of vaccines the policy provides no perceivable benefit to public health.
Just hours after this ruling, a federal judge in Texas ruled that the Biden administration can no longer exempt unaccompanied children from Title 42, a decision made by the administration earlier this year. The ruling is a judicial victory for Republicans and another hit on the Biden’s administration’s immigration policy.
Repubs and Southwest Dems want to maintain Title 42 and the courts are saying Biden Admin can not along with Liberal Dems.
To expect ‘judicial consistency’ in the US is unrealistic, even among federal judges.
All with lifetime appointments, sometimes appointed by Dems, more often by the GOP.
Fifty states, with a broad political spectrum across the country, but more often ‘reactionary’ than ‘progressive’.
A rule that Mrs Fred & I generally follow is to stay in US regions where we are comfortable.
This is a necessity for us, but our travel plans get more restrictive year by year.
Simply speaking, you have conflicting courts on Title 42 demanding various solutions. Couple this with political interests demanding one or the other solutions. Add to this, states for Title 42 demanding Biden keep it and courts ruling against 42.
It would appear to me States should be going to court to force the issue. This is a Trump rule
You will never achieve full ‘consistency’ with a governmental system like ours.
Maybe we get ‘partial consistency’, with some luck or determination or patience.
Did you not learn this in grade school? It is not a matter of full consistency. It is the balance between states, the Feds, the legislature, and the courts. You file in district courts to which your state is a part. You go to COA for your state if you disagree with district courts. And then off to SCOTUS.
“Never” is not an option.
SCOTUS should be remanding cases back to the lower courts, which are far more numerous in numbers, and in staff at the COA level. In the four previous years, the government filed shadow docket applications at 20 times the rate of each of the two previous eight-year administrations. The high court granted the government’s requests in a majority of cases. Lower-level courts can make similar decisions and COA can reverse them or agree.
SCOTUS must publish its findings and not make decisions in the darkness of secrecy if it accepts a case. Otherwise, the lower federal court decision stands.
This is not a matter of reaching full consistency which is a leap on your part in this discussion. It is a matter of following what has been put in place to relieve SCOTUS of the numerous decisions since 1891 with the advent of COAs. District Courts established by Congress under the Judiciary Act of 1789.
We have presidencies attempting to usurp Congress and other courts by going directly to SCOTUS. SCOTUS does not have the manpower to handle the load it has already which it will hand down decisions on some 80-something cases. There is no need for a Shadow Docket. Did Trump really have 41 emergencies during a 4-year term? Forty-one emergency applications over Trump’s four years in office. By comparison, over the prior 16 years the Obama administration and the Bush administration together filed only eight emergency applications.
It is an abuse of SCOTUS jurisdiction as supported by political players.
When courts conflict, it goes to the next level court either COA or SCOTUS. It is not just left alone as courts conflicting. This is one reason why you have COAs and a SCOTUS.
Expect ‘resolution’ then. Not consistency.
Even resolution does not have to last forever.
It has been a good conversation. I do not want to leave you thinking I am angry. I have been through the court system and filed. I have argued with Senators. I have been lied to by lawyers who purposely say things which they know are not true because “we” do not have law degrees. I have sources for information which I can turn too and counter the lies.
I have low expectations of ‘guv’mint’. as such. The courts being a part of it. Having been through ‘The Pentagon Papers’, ‘Watergate’, Iraq & Afghanistan, the Trump Years; having seen ‘guv’mint’ at its worst, particularly the awfulness of a few presidents, the willingness of naive people to go along with determined authority figures.
(I started in the Army while the events of The Papers unfolded, and left during the Watergate Hearings, and worked with some of the infrastructure that allowed 9/11 to happen long after I left.)
That guv’mint is best which governs least.
Nonetheless, guv’mint is necessary, if not a necessary evil.