Keyword: lawsuit
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That’s Rich: It seems as though these days neither the Legislative or Executive branches of government are ‘permitted’ to perform their constitutional duties without the permission of the Judicial Branch, as evidenced by the number of federal court lawsuits filed by people who simply want to defy the law, Republicans in general, and the Trump administration. Leaker James Comey fighting congressional subpoena because he claims he’s worried about GOP…leaks Posted on November 29, 2018 in Congress, Congressional Testimony, Constitution, corruption, Deep State // 0 Comments Fb-Button Save inShare (National Sentinel) That’s Rich: It seems as though these days neither the...
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Late last night another activist judge, U.S. District Judge Jon Steven Tigar in San Francisco (Obama appointee), issued a temporary restraining order against the Trump administration’s modified emergency asylum policy which barred asylum for aliens who enter the country illegally. [Read Court Ruling HERE] Setting up, yet again, another likely higher court appeal/decision. While a challenge was predictable, frustrating and likely to be spun up by media, the ruling only applies to aliens who gain illegal entry and request asylum. Nothing in the ruling stops the hardened border enforcement and/or current expedited review and deportation program. In essence, keep the...
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<p>A federal judge temporarily blocked the Trump administration from denying asylum to migrants who illegally cross into the United States, saying the policy likely violated federal law on asylum eligibility.</p>
<p>The judge pointedly denied the claim that the president, by fiat, could give the manner of entry added legal weight as a determinant of asylum. He reasoned that the “interpretive guide” of United Nations compacts on asylum lent extra force to congressional requirements. The intent of Congress, Tigar wrote, was “unambiguous.”</p>
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A federal judge in San Francisco on Monday barred the Trump administration from refusing asylum to immigrants who cross the southern border illegally, likely prompting a legal challenge from the White House. Trump issued a proclamation on Nov. 9 that said anyone who crossed the southern border would be ineligible for asylum. U.S. District Judge Jon S. Tigar, who was nominated by President Obama in 2012 to the U.S. District Court for the Northern District of California, issued a temporary restraining order after hearing arguments in San Francisco.
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This morning a federal judge will hear a challenge to the Trump administration’s recently announced changes to the rules governing asylum. The changes came mere days after the midterm election and in response to the Central American caravan’s continued approach to the U.S. border. On November 9, 2018, Acting Attorney General Matthew Whitaker and Secretary of Homeland Security Kirstjen M. Nielsen jointly issued new regulations governing asylum claims. Those regulations provide that individuals who enter the United States in contravention of the presidential proclamation suspending entry of aliens through the southern border with Mexico, other than at a port of...
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Three Democratic senators on Monday filed a lawsuit in federal court challenging the constitutionality of President Trump’s appointment of Matthew Whitaker as acting attorney general. Whitaker was appointed by Trump to lead the Justice Department after Attorney General Jeff Sessions was forced out of the role earlier this month. Connecticut Sen. Richard Blumenthal, Rhode Island Sen. Sheldon Whitehouse and Hawaii Sen. Mazie Hirono filed the complaint against Whitaker in the U.S. District Court for the District of Columbia on Monday. All three issues fiery statements. “Installing Matthew Whitaker so flagrantly defies constitutional law that any viewer of School House Rock...
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Judge Timothy Kelly, a Trump appointee, verbally ordered the President of the United States to reinstate CCN Reporter Jim Acosta’s hard pass to access the White House on Friday. The judge, who sits in the United States District Court for the District of Columbia, has not actually posted his ruling yet, forcing us, at least temporarily, to rely on press reports for details. Predictably, CNN has called the ruling a huge victory for the First Amendment. However, according to numerous press reports, Judge Kelly took issue, not with any alleged affronts upon the First Amendment, but rather, the process used...
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Meanwhile, it’s a dog-eat-dog world of which braying donkeys approve Proving the old adage that “The Law’s an ass”, a federal judge on Friday granted CNN’s request for a court order that would temporarily reinstate ‘correspondent’ Jim Acosta’s White House press pass. In this case, the law’s not only an # but donkeys are riding all over it because it, in effect, gives a bullhorn back to a badgering blowhard.
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President Trump's choice of Matthew Whitaker to be the acting attorney general is running into a buzz-saw of opposition, and not just from Democrats. And now, the first legal action is being filed Tuesday, by the state of Maryland, challenging Whitaker's status. It does not involve limits to asylum claims that Whitaker has already put into effect, nor any challenge involving the Mueller investigation of the president, which Whitaker has frequently criticized. No, the first blow involves the Affordable Care Act, and whether its provisions guaranteeing that people with previous medical conditions are entitled to health insurance rates similar to...
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Olson, Ted Boutrous, and Anne Champion — all from Gibson, Dunn & Crutcher LLP — filed documents in Washington's federal district court Tuesday that outlined their case against Trump, senior aides, and Secret Service personnel after Acosta's "hard press pass" was suspended last week. The decision followed a heated press conference exchange between Trump and Acosta, during which a White House intern tried to wrestle the microphone from the journalist to prevent him from asking another question. Acosta has denied "placing his hands" on the young woman as administration officials claim
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The Supreme Court will decide the constitutionality of a towering cross-shaped memorial to Maryland men who died in the First World War. The Supreme Court agreed in early November to hear the case in which the American Legion is asking the high court to reverse a 2017 appeals court ruling that the memorial violates the First Amendment’s prohibition on governments establishing religion. Overturning a lower court’s decision, the Fourth Circuit panel said the memorial, which stands on public land, is unconstitutional because it “excessively entangles the government in religion.” The case may be a gauge for the conservatism of the...
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This story is a bit down in the weeds, I’ll admit, but it has a bit of an interesting legal twist to it. Back in July, a duck boat sank on Table Rock Lake in Missouri, killing seventeen people, including nine members of a single family. It was a tragedy that made national headlines, but now the matter is making its way through the courts and an obscure law from the 1800s may put the captain of the boat in prison for a very long time. As the Washington Post reported this week, Captain Kenneth Scott McKee is looking at...
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On 2 November 2018, the First Circuit Court of Appeals held the Second Amendment effectively does not apply outside the home. From uscourts.gov: This case involves a constitutional challenge to the Massachusetts firearms licensing statute, as implemented in the communities of Boston and Brookline. All of the individual plaintiffs sought and received licenses from one of those two communities to carry firearms in public. The licenses, though, were restricted: they allowed the plaintiffs to carry firearms only in relation to certain specified activities but denied them the right to carry firearms more generally. The plaintiffs say that the Massachusetts firearms licensing...
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The Trump administration is asking the Supreme Court to preemptively step into the legal fights over its decision to end the Obama-era Deferred Action for Childhood Arrivals program and decide this term whether the move was lawful. Solicitor Noel Francisco filed a petition with the court on Monday asking the justices to hear their case and issue an opinion before the 2nd, 9th and D.C. Circuit courts of appeals have ruled.
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Netflix could soon face legal action from the Satanic Temple, a religious group that claims its copyrighted design of the deity Baphomet was used without permission in the The Chilling Adventures of Sabrina. In Sabrina—the streaming service’s recently released, spooky rendition of Sabrina the Teenage Witch—the statue of a large goat-headed figure appears as Satan in a handful of episodes. A statue of this figure flanked by two children appears as a centerpiece in Sabrina’s school of witchcraft, the Academy of the Unseen Arts. According to Lucien Greaves, co-founder and spokesperson of the Satanic Temple, this statue appropriated the religion’s...
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Illegal aliens traveling on the caravan from Central America on Thursday filed a lawsuit against President Donald Trump, Department of Homeland Security and Department of Justice for what they say is a violation of their constitutional rights. The lawsuit was filed in Washington, D.C. on behalf of six illegal aliens and their children, bringing the total number of plaintiffs to 12, Fox News reported.According to the caravan riders, the Trump administration violated their Fifth Amendment, which says "no person… shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property,...
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Honduran migrants traveling in a caravan to seek asylum at the U.S.-Mexico border are suing President Donald Trump, Attorney General Jeff Sessions and other key figures, arguing the administration's stance is "shockingly unconstitutional." The class-action civil suit, filed Thursday in U.S. District Court in Washington, D.C., claims Trump "continues to abuse the law, including constitutional rights, to deter Central Americans from exercising their lawful right to seek asylum in the United States." The suit asks the federal court to declare a number of Trump's recent policy proposals to be in violation of the supreme law of the land "to end...
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Immigration is still at the top of the political discussion, especially after President Trump’s recent comments about citizen birthright. A common talking point for those who are in favor of illegals jumping the border to have a child and stay in the United States is “well, that is just what the Fourteenth Amendment allows.” Does it, however? Judge Andrew Napolitano is a Fox News commentator on legal issues. He weighed in on the matter during "Outnumbered," but gave no real argument as to why Trump was wrong. His main stance was “so says the Constitution,” but he did not mention...
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The caravan of thousands of people walking through Mexico is still reportedly about a thousand miles from the nearest U.S. border, but some of them — or people working on their behalf — have filed a pre-emptive lawsuit against President Trump and other U.S. departments and officials:
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