Posted on 06/16/2008 8:04:29 AM PDT by MaestroLC
WASHINGTON - The Supreme Court made it easier Monday for some foreigners who overstay their visas to seek to remain in the United States legally.
The court ruled 5-4 Monday that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to get approval to remain in the United States.
[...]
Justice Kennedy wrote the majority opinion, joined by his four liberal colleagues. The four conservative justice dissented.
Justice Antonin Scalia said, "The court lacks the authority to impose its chosen remedy."
I am officially worried about the DC Gun Ban case. Will they rule in favor of the Constitution’s 2nd Amendment, or the “living, breathing” part of the Constitution that explains that guns aren’t necessary in a modern society?
These bastards need to be impeached.
Kennedy's getting his due, now. A while back there was surprise that Roberts was getting a lot of decisions with more than 5 justices. People were saying the Kennedy swing vote wasn't important anymore. Guess ole Kennedy didn't like that much.
....the tyrannical rule of law only seems to apply to citizens anymore.
Oh joy, more black robed wizard fun.
Liberal mental illness.
hmmmmm, wonder if this should be done again ?
There was an arrest warrant, signed by President Abraham Lincoln, in the early days of his administration. The warrant was to arrest the Chief Justice of the United States, Roger B. Taney, following his opinion in the case of Ex parte Merryman (May, 1861). The account is found in the chapter entitled, “Arrest of Traitors and Suspension of Habeas Corpus.” It was taken from the private papers of the Federal Marshall, Ward Hill Laman, at the Huntington Library in Pasadena
How right he is, as he was with the following:
Thread about the Above
- Deseret Morning News - 1 day ago
Thanks in no small part to Justice Antonin Scalia's dire warning that granting Guantanamo detainees access to habeas corpus "will almost certainly cause more Americans to be killed," the Supreme Court finds itself on the verge of becoming a campaign issue.
- San Jose Mercury News - 2 days ago
WASHINGTON - Thanks in no small part to Justice Antonin Scalia's dire warning that granting Guantánamo detainees access to habeas corpus "will almost certainly cause more Americans to be killed," the Supreme Court finds itself on the verge of becoming something that it has not been
Yep... Based on the initial hearing it sounded like it would go OK, but something is up at the SCOTUS.
The left, greenie socialists may not need Obama as president as they already seem to have one, Bustus Kennedy.
It’s not really that bad. People file and then withdraw motions in our courts all the time, this just applies it to illegals where the DHS said they can’t. Congress can change the law to disallow the withdrawal of these motions.
Lets get this right.
The Highest Court just ruled that breaking the law at least in this case is okay and you can continue to do so, as long as you are filing some government papaerwork?
Are they nuts ?
ping
Well, that was thoughtful of them. Now we can’t even deport all the alien terrorists we will have to bring in from Gitmo. Wouldn’t want the little sweeties to be inconvenienced, would we.
Paging Larry Craig: this means a guy who has entered a guilty plea and paid a fine is free to withdraw it and maybe even get his money back, doesn't it?
This was the purpose of all the outcry after last term’s decisions. Kennedy probably wasn’t invited to all the swanky parties. Now he’s back to his old self-righteous self.
I have no choice but to vote for McCain now, though I live in MA so it might not make much difference.
I don’t remember voting for any of these judicial kings.
Kennedy is a real POS. I don’t like him.
The court is really feeling it’s liberal oats lately, isn’t it???
“Paging Larry Craig: this means a guy who has entered a guilty plea and paid a fine is free to withdraw it and maybe even get his money back, doesn’t it? “
The law has become a mockery.
SHIT!!!!! (Sorry Jim but I’m FUMING!!!) I could cry....I’M SICK OF THIS PC SHIT!!!!
These bastards need to be impeached.
—
Last week, I got cautioned about using too provocative of a statement in offering that another American Revolution may well be nigh.
While I was not advocating it nor calling for it, rather only reflecting that when a few can hold so much power and abrogate their duties to only interpret law and rule based on their own whimsical view of the world and impose their own belief system on all of us, that ‘blowback’ could be a potential result.
and gee golly gee, what do we see yet again today from the SCoTUS? another ruling that flies in the face of common sense and justice based on long-standing pillars of our sovereign nation’s foundation.
It’s breathtaking the power grab these morons are engaged in.
I hear you. If we don’t get this ship in order ASAP, there is definitely trouble ahead.
Get used to seeing this in the minority opinion.
I figure the founders are approaching 2400 RPM about now.
Yes it is that bad. This court is becoming more and more comfortable 'making up stuff' out of whole cloth, and that is dangerous.
Or senile?
I read the decision. The law allows one motion to reopen the case. It also gives up to 60 days to leave for a voluntary removal. It does not say that the two are mutually exclusive. The DOJ has also said it believes aliens are allowed to withdraw from their voluntary removal agreements. If he can do that, then even an exclusivity would not apply, as he can then file his one allowed motion to reopen the case.
This is one of those cases where you should blame Congress and the President if you don't like the situation.
This doesn't completely benefit the alien either. Under voluntary removal coming back is much easier, and it's an offer the government can make at its discretion. Having dropped leaving voluntarily, he'll have a much harder time coming back if he loses his case, as the goverment will surely then use a forcible deportation.
I skimmed through the ruling.
Looks like they’ve done a great job of turning a loophole into a law.
Upon what legislation is the ruling based?
By a RAT/RINO controlled Congress? Never happen. The elected elite are well entrenched and in control with the power that we citizens have foolishly handed by not paying attention. They will not release their power over us without a real battle. As one of their ancestors once said "The public be damned".
Actually, the strong judiciary is merely a cultural byproduct of Anglo-Saxon common law. Judges do not have the same level of authority under civil law systems (such as Europe and Latin America).
Read the decision, they quote quite a bit.
I’ve read the dissenting opinion, and I understand it, but IMMHO the simplest and most accurate decision was the one given. Congress needs to address this.
BTW, if the law remains there could be a silver cloud. The government, wary of being burned again, may not offer so many voluntary removals, with their associated benefits to the aliens.
If the headlines read ‘court makes it easier for foreigners who overstay their visas to stay in the US’ and a jurist of the quality & caliber of Scalia says the court ‘exceeded its authority’ that says enough to me.
Suddenly I understand exactly why I have to vote for McCain, much as I don’t want to.
susie
5 folks now can effectively tell all of the rest of us what to do.
susie
I honestly don’t see the problem with this particular incident. The guy came here legally, married a citizen, and was ultimately going to be approved to stay anyway. It’s pointless and wrong for the government to temporarily disrupt this man’s life in such a drastic way over such a minute issue.
If we were talking about a border-jumper, that would be an entirely different matter, but we’re not...
You know better than to trust headlines.
a jurist of the quality & caliber of Scalia says the court ‘exceeded its authority’ that says enough to me.
I've disagreed with Scalia and Thomas in the past, so I still read the decisions.
Tempting idea- isn’t it?
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