On the courts

Out-of-Control Courts  

Leftist judges aren’t doing these gymnastics in just gun cases. Judge Boasberg is turning backflips in immigration cases where he doesn’t even have the authority to rule. Welcome to NewSpeak, where up is down.

. . ."For example, Congress explicitly ordered that immigration cases have to go through immigration courts. The appeal from those courts is through the Circuit Court of Appeals, bypassing petty tyrants such as James Boasberg, who, if you’ve been listening, isn’t on an Immigration court. He’s a judge in a District Court, the level that Congress said should never see an immigration case. There’s also good authority that, when it comes to alien enemies, the courts are out of the picture entirely. But the Supreme Court sits on its thumbs." . . .

But:...Supreme Court Vacates Judge Boasberg’s TROs As To Tren de Aragua Under Alien Enemies Act   . . ."I’d call this a partial win for the government. The desire to whisk TdA members out of the country will be subject to judicial review, though it’s unclear what that will look like. At a minimum, the detainee will get to argue that he is not a member of the gang and the government likely will have to prove (not sure by what standard) that the person is a TdA member. So this is likely to slow down the process.

"But at least the case is away from Judge Boasberg and future district shopping in detainee cases will be difficult.

. . ."6/ Last week, Boasberg strongly signaled he was going to find probable cause existed that Trump Administration violated his order. I doubt SCOTUS' decision will shake Boasberg from that…my gut is the attacks on his daughter destroyed any judicial restraint he had.

— Margot Cleveland (@ProfMJCleveland) April 7, 2025  [Amazing all the vicious comments that trump has ignored in order to do for this nation the things the left cannot comprehend. TD]

But can a Judge who never should have had the case in the first place and whose order (turn the planes around) was grossly improper hold someone in contempt for not complying with the order?

Major victory from SCOTUS in Trump deportation case  . . ."Several aspects of this decision should reasonably be seen as encouraging in this ongoing clash between the Judiciary and the Executive, including the fact that the chief justice came down on the side of the conservative wing  of the Court, the fact that Judge Boasberg has been well and truly removed from at least this part of the battle, and the fact that there is at least a small light of clarity being shown by the High Court, indicating that it is ready to start reining in some of the lower courts.

"One can only hope that its next pronouncement will spell the end of the use of totally illegal and unconstitutional “nationwide” injunctions, which have no legal basis whatsoever.

"The opinions of the Court can be found here." . . .