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

Skip to comments.

A new Supreme Court case could blow up decades of US diplomacy
Vox ^ | 8/24/21 | Ian Millhouser

Posted on 08/24/2021 6:04:02 AM PDT by EBH

Texas v. Biden, a case with profound implications for American foreign policy, reached the Supreme Court with lightning speed.

On August 13, a judge in Texas appointed by then-President Donald Trump effectively ordered the Biden administration to permanently reinstate Trump’s “Remain in Mexico” policy. That policy, which is officially known as the Migrant Protection Protocols (MPP), requires many immigrants who seek asylum in the United States to stay in Mexico while they await a hearing.

Judge Matthew Kacsmaryk’s opinion in Texas was wrong for many reasons, including that he completely misread federal immigration law. Kacsmaryk wrote that a 1996 federal law only gives “the government two options vis-à-vis aliens seeking asylum: (1) mandatory detention; or (2) return to a contiguous territory.” Federal immigration law actually gives immigration officials several options, including granting “parole into the United States” to individual immigrants or releasing the immigrant on “bond of at least $1,500.”

Immigration policy is foreign policy The Supreme Court hasn’t just spent generations warning judges not to get involved with foreign relations; it’s explicitly stated that US immigration policy is an integral part of our foreign policy. Although the Supreme Court was often criticized during the Trump administration, including by some of the Court’s own members, for showing excessive deference to Trump’s immigration policies, the principle that courts should be reluctant to interfere with foreign relations generally — and with immigration policy in particular — long predates Trump.

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


TOPICS: Constitution/Conservatism; Extended News; Government; Mexico; News/Current Events; US: Arizona; US: California; US: Florida; US: New Mexico; US: New York; US: Texas
KEYWORDS: afghanistan; arizona; california; florida; ianmillhouser; malta2decide; matthewkacsmaryk; mediawingofthednc; mexico; nancypelosi; newmexico; newyork; partisanmediashill; partisanmediashills; remaininmexico; roguejudges; scotus; scotuscorruption; supremecourt; texas; vox; waronterror
Navigation: use the links below to view more comments.
first 1-2021-23 next last

1 posted on 08/24/2021 6:04:02 AM PDT by EBH
[ Post Reply | Private Reply | View Replies]

To: EBH

What if the Laws are not enforced?


2 posted on 08/24/2021 6:06:23 AM PDT by Paladin2 (Critical Marx Theory is The SOLUTION....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EBH

Texas lacks standing and the case is moot.

Sincerely yours,

John Roberts, Brett “the sexual harassing” Kavanaugh and their sock puppet “Amy Comedy Barrett.”


3 posted on 08/24/2021 6:07:47 AM PDT by FlipWilson
[ Post Reply | Private Reply | To 1 | View Replies]

To: EBH

I’ve asked this before...

What does illegal entry into the US have to do with immigration policy?


4 posted on 08/24/2021 6:09:00 AM PDT by cockroach_magoo
[ Post Reply | Private Reply | To 1 | View Replies]

To: Paladin2

n0bama showed Americans how to deal with laws that he did not like . . .


5 posted on 08/24/2021 6:12:32 AM PDT by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
[ Post Reply | Private Reply | To 2 | View Replies]

To: FlipWilson

It seems that way, but as the polyanna optimist I am, I’m going to wait for them to actually agree. John Roberts, is lost, however I’m still holding onto the fact President Trump tried hard to place originalists onto the court, maybe just maybe they’ll do the right thing.


6 posted on 08/24/2021 6:14:08 AM PDT by bigfootbob (“If you’ve gotta dick, you ain’t no chick!” Don Sucher)
[ Post Reply | Private Reply | To 3 | View Replies]

To: cockroach_magoo

Just this one thing - if Millhiser were so smart and accurate, he would not be writing for Vox. He’d be in Washington as an appellate lawyer earning the big bucks. He might be right, but I have my doubts. He martials facts and law to support his position without examining the full picture. The tell was when he referred to the judge as an “unusually right-wing” judge without basis disclosed. His argument tends to believe the law should never change. He is wrong on that count.

Enough for now.

Gwjack


7 posted on 08/24/2021 6:19:54 AM PDT by gwjack (May God give America His richest blessings.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: EBH
The Supreme Court hasn’t just spent generations warning judges not to get involved with foreign relations. . .

Yeah, yeah. As they say in the Bronx, "Yuh funny!"

Get back to me when you've worked your precious "sanctuary cities" into your magisterial twaddle about Federal prerogatives.

Flyweight.

8 posted on 08/24/2021 6:24:29 AM PDT by SamuraiScot
[ Post Reply | Private Reply | To 1 | View Replies]

To: gwjack

Further, the “Remain in Mexico” policy had the effect of a treaty obligation which the Xiden administration ought not to be able to unilaterally repeal without congressional consent.


9 posted on 08/24/2021 6:25:07 AM PDT by Vigilanteman (The politicized state destroys aspects of civil society, human kindness and private charity.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Vigilanteman

This could also affect the efforts in Afghanistan or any others looking for immigration based on claim of sanctuary.

While I do think courts shouldn’t be heavily involved, should the President be able to act unilaterally in such regards without the rule of law?

There is a double edged sword here.


10 posted on 08/24/2021 6:35:42 AM PDT by EBH (Republics are only meant for a good and moral people. 1776-2021 May God Save Us.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: EBH
The Supreme Court hasn’t just spent generations warning judges not to get involved with foreign relations; it’s explicitly stated that US immigration policy is an integral part of our foreign policy. Although the Supreme Court was often criticized during the Trump administration, including by some of the Court’s own members, for showing excessive deference to Trump’s immigration policies, the principle that courts should be reluctant to interfere with foreign relations generally — and with immigration policy in particular — long predates Trump.

The Congress shall have Power To . . . establish an uniform Rule of Naturalization . . . .[and] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers

Once again with the left, the Constitution does not matter.

11 posted on 08/24/2021 6:36:05 AM PDT by ALPAPilot
[ Post Reply | Private Reply | To 1 | View Replies]

To: FlipWilson

Correct.

That will be the ruling.


12 posted on 08/24/2021 6:38:34 AM PDT by redgolum (If this is civilization, I will be the barbarian. )
[ Post Reply | Private Reply | To 3 | View Replies]

To: EBH

Vox.com is the worst kind of leftist, low-information drivel and should be read as such. The Supreme Court will either decide to enforce our borders or laws or it will continue its path to irrelevance along with the entire federal government.


13 posted on 08/24/2021 7:04:15 AM PDT by No_Mas_Obama
[ Post Reply | Private Reply | To 1 | View Replies]

To: cockroach_magoo

Nothing...To be an IMMIGRANT a foreign national AKA an alien, must IMMIGRATE...

Those who enter illegally are not IMMIGRANTS...

They are ILLEGAL ALIENS...


14 posted on 08/24/2021 7:44:51 AM PDT by Tennessee Nana
[ Post Reply | Private Reply | To 4 | View Replies]

To: No_Mas_Obama

“Vox.com is the worst kind of leftist, low-information drivel...”

Down there with Yahoo! IMO.

Unreadable, most of the time.


15 posted on 08/24/2021 9:35:41 AM PDT by HKMk23 (Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: EBH

The USSC will vote to overturn.

Most of the author’s logic is sound even though all of the characterizations make me want to puke.


16 posted on 08/24/2021 10:14:33 AM PDT by Mariner (War criminal #18)
[ Post Reply | Private Reply | To 1 | View Replies]

To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
Ian Millhouser, Vox, Partisan Media Shill alert.

17 posted on 08/24/2021 10:21:10 AM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
[ Post Reply | Private Reply | View Replies]

To: Vigilanteman

Hi Vigilanteman,

As I expected, the make believe lawyer that writes and does not practice was all wrong. SCOTUS tonight affirmed the trial court.

https://www.wsj.com/articles/supreme-court-reinstates-remain-in-mexico-policy-for-asylum-applicants-11629849547?mod=hp_lead_pos1


18 posted on 08/24/2021 5:25:27 PM PDT by gwjack (May God give America His richest blessings.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Vigilanteman

Hi Vigilanteman,

As I expected, the make believe lawyer that writes and does not practice was all wrong. SCOTUS tonight affirmed the trial court.

https://www.wsj.com/articles/supreme-court-reinstates-remain-in-mexico-policy-for-asylum-applicants-11629849547?mod=hp_lead_pos1


19 posted on 08/24/2021 5:26:47 PM PDT by gwjack (May God give America His richest blessings.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: EBH

It just did!.....woo hoo!


20 posted on 08/24/2021 5:31:18 PM PDT by Guenevere (When the foundations are being destroyed what can the righteous do)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-23 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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