Free Republic
Browse · Search
News/Activism
Topics · Post Article

Expect Arpaio to be dismissed for lack of standing. Judge is a liberal appointee. Arpaio had no chance. This is not surprising.

Abbot's 24+ state lawsuit is much stronger and there's also a similar Motion for Preliminary Injunction before Judge Hanen in Southern Texas Federal Court.

Arpaio can refile in Arizona.

Things are heating up.

1 posted on 12/22/2014 9:14:43 AM PST by Hostage
[ Post Reply | Private Reply | View Replies ]


To: Hostage

so, as usual, the lower courts will be split, and the Supreme rulers will let the executive branch do whatever they hell they want to, regardless of the laws passed and signed. It’s good to be the king.


2 posted on 12/22/2014 9:21:35 AM PST by ilgipper
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

Sheriff Joe can still begin pulling over Federal Vehicles and impounding them and siezing them under CURRENT Civil Asset Forfeiture laws. Just claim they are using the vehicles in a conspiracy to violate the immigration laws of the United States. Never arrest or charge them, they really have no chance of getting their property back, just like Ordinary Citizens.


3 posted on 12/22/2014 9:22:00 AM PST by eyeamok
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

Bloomberg breaks the news too with a little more detail:

http://www.bloomberg.com/news/2014-12-22/obama-immigration-suit-by-sheriff-finds-judge-skeptic.html

> “Based on legal decisions federal court in Washington regarding harm from third parties, “you’ve got a big problem with standing,” she told Larry Klayman, a lawyer for Arpaio.”

Having read the excellent reply filed Friday by Klayman in regards to ‘Standing’, I would say to the judge “YOU’VE GOT A BIG PROBLEM WITH FOLLOWING THE LAW!”.

Here’s Klayman’s reply for Arpaio:

http://www.scribd.com/doc/250527960/14-cv-01966-Document19-12-18-14

Direct argument for Standing starts on page 11.

But it won’t matter. This case will be dismissed. Good news is the ruling will be based on Standing and not on the elements that underly a motion for injunction. That means it cannot be used in other cases where Standing is granted.

This is just the first skirmish.


4 posted on 12/22/2014 9:22:26 AM PST by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

Under the Supreme Court decision known as Kelo, the “State” has the Legal Authority to sieze property through eminent domain for “economic benefit”. Since Obama’s new dictates are going to have a direct COST UPON THE STATE, begin Eminent Domain Siezure proceedings on all Federal Properties within the State, then go after Federal Employees Property. This case has already been Decided in Favor of the State, they can do NOTHING about it.


6 posted on 12/22/2014 9:25:45 AM PST by eyeamok
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

Mark Levin has admonished his audience for years to understand that we cannot rely on the courts or congress to restore liberty.


8 posted on 12/22/2014 9:33:55 AM PST by Jacquerie (Article V. If not now, when?)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage
 photo BHOWELL_zpsf5bd1f89.png
9 posted on 12/22/2014 9:36:52 AM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not A Matter of Opinion)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

Yeah, most federal judges are apparently skeptical these days of anything that represents a Constitutional Republic.


11 posted on 12/22/2014 9:47:44 AM PST by SoFloFreeper
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage
Arpaio had no chance. This is not surprising.

Once they revoked Arpaio's 287g status it was over - ICE would not even pick up the jailed criminals.
Anyone paying attention knows that America is over and Mexico has retaken their ATZLAN
15 posted on 12/22/2014 9:57:13 AM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

The democrats have been corrupting the courts system for years with these political judges. We just just had an extreme round of them being positioned by the senate. It seems that we have no protection against them. They override every other part of the system of our government. We need to find a way to deal with the problem.


18 posted on 12/22/2014 10:13:08 AM PST by Revel
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

Yep, this Obama Communist fast tracked the case so to dismiss it.


21 posted on 12/22/2014 10:19:57 AM PST by Red Steel
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage; All

23 posted on 12/22/2014 10:50:39 AM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not A Matter of Opinion)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

I believe that is why we have appeals courts


24 posted on 12/22/2014 10:53:40 AM PST by Nifster
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

I’m skeptical anybody/ thing can stop him and all the bureaucrats on anything. The country is dysfunctional in case no one noticed.


29 posted on 12/22/2014 12:06:59 PM PST by sheana
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

If illegal aliens, the president and federal judges don’t have to obey the law, why do any of the rest of us?


30 posted on 12/22/2014 12:35:38 PM PST by Tzimisce
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

Worse. She’s an Obama appointee. Now that Zero and Reid have packed the courts by exercising the “nuclear option” that Senate Republicrats were too timid to use when they were nominally in charge, this is what we can expect from here in.


39 posted on 12/22/2014 9:19:49 PM PST by Postman (Flies on 0re0 know --it when they see it!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

Well, seeing as how the judge is an Obama appointee is there any doubt as to the outcome?


43 posted on 12/23/2014 3:58:00 AM PST by servo1969
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Hostage

The communist judge threw it out.

Just about all you need to know to understand why she threw it out (from wikipedia):

“She was nominated by President Barack Obama on July 14, 2010”
“Judge Howell is considered by many to be anti-Constitutional in her jurisprudence, and is associated with the American Progressive Movement; an organization established as a joint venture between American Communist and American Socialist movements. [1]http://www.discoverthenetworks.org/printgroupProfile.asp?grpid=6497.

Judge Howells decisions often reflect that association.”

A rare moment of objective clarity not often found on wikipedia.

**********************************

So my suggestion is that perhaps it is time to start publishing on the Internet the personal residences of these tyrannical judges, you know, the way the left publishes the names and address of CCW holders and police officers and others that they consider to be their enemies.


50 posted on 12/24/2014 5:55:00 AM PST by Ghost of Philip Marlowe (Prepare for survival.)
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson