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Justices grant government’s stay request on “public charge” rule for Illinois
SCOTUSblog ^ | February 21, 2020 | Amy Howe

Posted on 02/21/2020 10:15:12 PM PST by House Atreides

Last month the Supreme Court granted the federal government’s request for permission to enforce a rule known as the “public charge” rule, which prohibits noncitizens from receiving a green card if the government believes that they are likely to rely on public assistance. That ruling put on hold a pair of orders by a federal district court in New York, which had blocked the government from enforcing the rule anywhere in the nation. Tonight the justices, by a vote of 5-4, allowed the government to enforce the rule in Illinois while it appeals an order by a district court there that prohibited the government from enforcing the rule in that state.

Three members of the court’s liberal wing – Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor – indicated that they would have denied the government’s request. Justice Sonia Sotomayor filed a written dissent that was sharply critical of both the federal government and her colleagues. Sotomayor complained that the government had not met the test for a stay of the lower court’s decision: Its “only claimed hardship is that it must enforce an existing interpretation of an immigration rule in one State,” Sotomayor observed, “while an updated version of the rule takes effect in the remaining 49.” And more broadly, Sotomayor stressed, the government “has recently sought stays in an unprecedented number of cases, demanding immediate attention and consuming limited Court resources in each.”

(Excerpt) Read more at scotusblog.com ...


TOPICS: Constitution/Conservatism; News/Current Events; US: Illinois
KEYWORDS: 94; aliens; illinois; judiciary; politicaljudiciary; publiccharge; scotus; welfare
President Trump continues his relentless efforts to restore sanity to the nation. Earlier Supreme Court victories did away with District Courts being able to issue NATIONWIDE stays (while the case is pending Iin the district court) that prevent the government from enforcing its new rule that blocks immigrants from getting a green card if they have incurred a “Public Charge”. This current case precludes this Illinois US district court from issuing a stay for its jurisdiction (Illinois) while the case pends. I’m assuming THIS Supreme Court decision can be referenced if any other District Court tries to issue a temporary stay (to preclude enforcement of the new public charge rue) for its local jurisdiction.
1 posted on 02/21/2020 10:15:12 PM PST by House Atreides
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To: House Atreides
And more broadly, Sotomayor stressed, the government “has recently sought stays in an unprecedented number of cases, demanding immediate attention and consuming limited Court resources in each.”

And who's fault is that, Justice Sotomayor? Could it be the unprecedented number of absurd lower court rulings issuing these kinds of injunctions?

5-4. A mere one vote threshold for sanity.

2 posted on 02/21/2020 10:35:09 PM PST by Republican Wildcat
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To: House Atreides

Couldn’t someone take RBG for a polar bear swim? If she’s so strong, I’m sure that plunging into a sub zero pond will bring roses to her cheeks...


3 posted on 02/21/2020 10:41:47 PM PST by jonascord (First rule of the Dunning-Kruger Club is that you do not know you are in the Dunning-Kruger club.)
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To: House Atreides

Sotomayor is a Hispanic Marxist pig, not an American. Everything to her is “immigration, immigrants, illegal immigrants rights, etc). Nothing about protecting the sovereignty of a nation and its borders, having people enter legally like so many do, and behaving in a lawful manner when here no matter what their immigration status is.

In other words, she’s a leftist Hispanic irredentist POS, not an American.


4 posted on 02/22/2020 1:11:07 AM PST by MadMax, the Grinning Reaper
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To: MadMax, the Grinning Reaper

The lefts darling


5 posted on 02/22/2020 2:04:59 AM PST by ronnie raygun (nick dip .com)
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To: House Atreides

We need two more conservative American justices. We have too many Marxist globalists there now.


6 posted on 02/22/2020 2:35:19 AM PST by jacknhoo (Luke 12:51; Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
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To: House Atreides

“I’m assuming THIS Supreme Court decision can be referenced if any other District Court tries to issue a temporary stay (to preclude enforcement of the new public charge rue) for its local jurisdiction. “

actually, the issue is the legitimacy of the issuance of nationwide injunctions by lowly district courts, not stays of said injunctions, which can be issues only by courts higher than district courts.

unfortunately, SCOTUS has yet to take a case where they can specifically rule on the legitimacy of nationwide injunctions in general by lowly district courts, and i doubt that SCOTUS issuing individual stays based on issues specific to those specific cases provides much guidance to higher courts on staying nationwide injunctions by district courts in general, which is why our two newest SCOTUS judges want to adjudicate a case that decides once and for all the legitimacy of a district court trying to make a ruling that affects the entire nation, namely because that is SCOTUS’ job, not the job of lowly district courts which should have jurisdiction over only their own districts ...


7 posted on 02/22/2020 4:48:30 AM PST by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: House Atreides
Infiltrated... The commies are everywhere.. Even on the supreme court...
8 posted on 02/22/2020 4:49:02 AM PST by unread (A REPUBLIC..! if you can keep it....)
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To: House Atreides

I love Sotomayor’s response. Litigants should stop bothering the court over and over again when lower courts overstep their bounds. There’s limited resources...

There’s a solution there, SCOTUS taking actual action towards the courts below for creating these situations that is so troubling to Sotomayor.

But hey, it’s fun to just blame the victim...


9 posted on 02/22/2020 5:31:43 AM PST by kingu (Everything starts with slashing the size and scope of the federal government.)
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