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To: cotton1706

Is Kethledge on Trump’s list of 25 potential nominees? If he is, then what are you worried about?


20 posted on 07/08/2018 5:31:54 AM PDT by Alberta's Child ("I saw a werewolf drinking a pina colada at Trader Vic's.")
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To: Alberta's Child
I've posted this elsewhere, but Ann Coulter in going all out for Kavanaugh kinda went off the rails on Kethledge, claiming he is an "open boarders" advocate. But she lies.

Ann Coulter's last tweet on Kethledge references Van Don Nguyen v. Holder, 571 F.3d 524

In the first place the opinion was written not by Kethledge but by Merritt. All three judges on the panel voted to reverse and did so because of a recent Supreme Court decision noting that the law requiring deportation was for "crimes of violence" and the SC has held on multiple times that this phrase is ambiguous and not well defined in law.

These three judges UPHELD THE LAW. Don't like the law, get Congress to pass a new one. And they did so applying the 2008 Decision of the SC which SCALIA WROTE. The judges here explained:

Justice Scalia recently explained in Santos that the rule of lenity prevents courts from having to "read the mind" of Congress and is a "venerable" requirement that the federal courts have applied for two centuries when interpreting ambiguous criminal statutes. When a criminal statute is ambiguous as to its intent, the "tie" goes to the defendant. Because we cannot find that auto theft is "unambiguously" a crime of violence under Section 16(b), we should follow the ancient rule and overrule the administrative agency in this case..

28 posted on 07/08/2018 6:45:52 AM PDT by AndyJackson
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