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The Supreme Court’s ruling in J.G.G. v. Donald J. Trump was not an unqualified triumph for the Trump administration’s deportations of foreign gang members, but it was a definite rebuke not just to Judge Boasberg, but to the entire D.C. Circuit Court shadow government.
The ACLU filed J.G.G. v. Trump in defense of five Venezuelan inmates in New York and Texas. All of the men claimed that they were not gang members and there was no indication that any of them were being deported, denying them any actual standing for coming before the court.
Especially before Judge James Boasberg who is thousands of miles away in Washington D.C.
Despite the lack of standing and the case being filed in the wrong venue, Judge James Boasberg, the chief judge of the D.C. Circuit Court, not only blocked the deportation of all gang members back to Venezuela, but ordered that planes currently over international airspace that were carrying gang members turn around and bring them back to the United States.
Boasberg fumed that the planes were not turned around on his mere word and threatened the Justice Department with repercussions for not recognizing his power over not only the entire country, but also the entire planet.
But why was a judge from the D.C. Circuit Court on a case involving inmates in Texas?
The answer is that leftist organizations and the judges of the D.C. Circuit Court were using one weird trick to seize power over the entire country (if not always the planet) and transform themselves into a shadow government able to block any Trump administration move.
The Supreme Court’s ruling vacating Boasberg’s order stated that, “the detainees are confined in Texas, so venue is improper in the District of Columbia” and directed that the appropriate “venue lies in the district of confinement”. So how did a D.C. judge ever get involved at all?
In Justice Brett Kavanaugh’s concurrence he noted that the “only question is where that judicial review should occur. That venue question turns on whether these transfer claims belong in habeas corpus proceedings or instead may be brought under the Administrative Procedure Act.” The Supreme Court’s ruling even noted that “initially the detainees sought relief in habeas among other causes of action, but they dismissed their habeas claims” and stated that “their claims fall within the ‘core’ of the writ of habeas corpus and thus must be brought in habeas.”
Kavanaugh then laid out a brief history of detainees, including those terrorists at Gitmo, bringing claims under habeas corpus rather than, strangely, under the Administrative Procedure Act.
The Administrative Procedure Act had been created in response to the rise of a vast unaccountable government bureaucracy under FDR. The APA was supposed to stop the administrative state from turning into exactly the kind of self-governing machine it grew into which FDR had described as threatening to “develop a fourth branch of government for which there is no sanction in the Constitution.” It was not meant to block presidents from executing their policies or subject every one of those policies to the review of the D.C. Circuit Court.
The D.C. Circuit Court however has enabled every leftist ‘resistance’ group to go ‘judge shopping’ and file APA complaints to block anything and everything President Trump does.
And so the ACLU appealed to the D.C. Circuit Court, wielding the Administrative Procedure Act, to challenge the question of whether President Trump’s use of the Alien Enemies Act (which predated the APA by 148 years) applied and what could be defined as wartime. The ACLU was asking Boasberg to block President Trump’s use of presidential powers based on an act meant to check bureaucratic overreach. And Judge Boasberg went ahead and tried to seize control of U.S. forces abroad from President Trump in the name of an act meant to regulate agencies.
The Supreme Court’s response to this unconstitutional abomination was milder than it deserved.
What gave the ACLU and Boasberg the idea that they could get away with it? The ACLU had previously sued the Trump administration for removing materials falsely describing the existence of a ‘transgender’ society as a violation of the “Administrative Procedure Act” by “removing articles without a reasoned basis” as if that were a matter subject to the APA.
In another case, ‘Judge’ Ana Reyes, a Uruguayan activist lawyer appointed by Biden as the first gay ‘Latinx’ judge in the D.C. Circuit Court, blocked the removal of mentally ill individuals who hallucinate the idea that they are members of some other sex than their biological one, by claiming that it’ss “soaked in animus and dripping with pretext, Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit” and argued, despite the mountain of evidence, that the Department of Defense had “not provided a legitimate reason for banning all transgender troops” and therefore violated the Administrative Procedure Act.
Reyes had confused the Administrative Procedure Act with her own personal opinion and rather than ruling on the legality of a policy based on actual laws, abused the APA to seize power over the Pentagon to promote her own favored social and sexual worldviews in the APA’s name.
But the Supreme Court has begun shooting down some APA abuses.
In its response to a Biden judge in Massachusetts blocking the Trump administration from ending education grants that violate its ban on DEI, the court noted that Judge Myong Joun and the court “lacked jurisdiction to order the payment of money under the APA” and that monetary cases involving the government are supposed to go to the Court of Federal Claims.
The APA has become a favored weapon of choice whether the issue at hand is financial, foreign policy, deporting illegal aliens or even publishing materials about the existence of transgenderism on government websites. During the first term of the administration, leftist groups had taken to boasting of having entire “teams of APA litigators and experts”.
And with a 93% loss rate for the Trump administration in APA cases, the judicial coup was a sound strategy. All a leftist judge had to do was declare that the Trump administration’s actions were “poorly reasoned” or lacked “sufficient rationale” and would override the president’s orders.
The APA enabled a massive shift of power from the executive branch to district courts, and to the D.C. Circuit Court which had seized virtually unlimited power from both the president and local courts and judges in the process creating an unelected shadow government.
But the D.C. judicial shadow government overreached itself. And Boasberg’s attempt to seize presidential powers has created a constitutional moment of crisis that may unwind the coup.
The earliest I remember was back in the 1990s when a leftist judge in Oakland overturned the election results and turned California, the most conservative state, into a super-majority Democrat state.
Meanwhile, Boasberg and his fellow Democrat judges in Washington DC gave maximum punishments to voter fraud protestors, most of which were on Capital police escorted tours of the Capital. Some were just on the grounds outside the capital. Boasberg and his Democrat judges gave no mercy to American citizens peacefully protesting the voter fraud of 2020.
Boasberg and his gang are corrupt and hopefully congress and Trump can find a way to remove them.
The people should just remove him. I don’t understand why vermin like him walk around unmolested.
This reminds me of Netanyahu firing that Shin Bet asshole, Yoav Gallant. (He does have a cool name, though.) Will Netanyahu ignore the super supreme special spiffy court’s ILLEGAL ruling?
Makes me wonder when President Trump will stop bending over for District Courts and other lower courts and go Andy Jackson on their asses. He has to do it eventually or this shit will never end. Personally, I think he should have Congress form a new court with a judge Roy Bean type in charge just to prosecute political criminals, which are legion, to say the least. I would prefer 4,800 to 5,280 legionaries to the political criminals, though. At least those Romans maintained order instead of abusing it.
Depending on the Sooper slow and unreliable US Supreme Court is a mistake and Israel’s is a self appointed tyranny. When judges appoint each other, you end up with a bunch of tyrants who all think the same way. Brainless lefties. Trump and Netanyahu both have to take matters into their own hands. At least half the Justices are untrustworthy and three of them are batshit insane. And if you look up feckless in a dictionary, you’ll see a photo of Chief Roberts.
As if courts and crooked judges aren’t bad enough, you have guys firebombing Josh Shapiro’s Governor mansion in Pennsylvania – while his family was inside. A Jew gets targeted on Passover and the authorities are baffled about the attacker’s motive. Derp. Shapiro is an asshole but you can’t try to kill a guy’s whole family just because he isn’t far enough to the left. And he’s pretty far to the left.
The point that most interested me, was that Israel had a lot more casualties among its soldiers under Gallant. I was watching and wondering if the casualties would drop and they have. They use different tactics now to hit the terrorists that don’t put the soldiers at so much risk.
Yes, why did he do that? People sometimes do things out of stupidity or by accident but most times they do things deliberately.
I think you noticed something that most people don’t. I think “Gallant” (what a misnomer) wanted IDF guys to get killed.
He seems like an utter traitor to me.
If you don’t have a border you don’t have a country. It’s really just that simple.
You know you’re getting old when you can remember when federal courts were not the arena for games of political “GOTCHA.”
“a Uruguayan activist lawyer “?
If Ana Reyes had been born in Israel would that make her an Israeli activist lawyer?
Reyes came here as a child and was educated here in the USA at Harvard of course. The problem is not that she was born in Uruguay but that she’s an
American educated at Harvard,
“In every disaster throughout American history, there always seems to be a man from Harvard in the middle of it.” – Thomas Sowell
Dr, Sowell has survived ling enough on this crazy dirtball to be immune to any criticism. He thus can fearlessly call ’em like he sees ’em.
He was a real source of entertainment during the kinyun’s two coronations, getting after his own kind for selling themselves down the river on the basis of melanin content.
As some one who was too lazy to go to college you really aren’t the person to be passing judgement on higher education. There are plenty of people, definitely smarter than you who go on to college, whether it’s an “elite” institution or an ordinary one, and do just fine without screwing up the country, the way leftists ultimately do.
You will never be in a position to screw anything up because 1) you just aren’t that bright, and 2) your pet philosophy will never be taught at any university, so how about Shutting The EFF Up.
Where’s the supreme court?! Where’s the house and senate?! All this shows us is that 2/3rds of our government
are either too lazy or completely feckless!!!
PRESIDENT TRUMP’s TEAM should just point out that the “Judges” involved are NOT LEGALLY entitled to issue anything other than their PERSONAL opinions! We have Court Jurisdictions for a REASON – REJECT outright any that do not ORIGINATE in the PROPER place! If a small district wants to keep THEIR gangbangers in custody rather than deported – ok – for now, but that shouldn’t pertain to the ENTIRE NATION! I seem to recall the Supreme Court refusing to hear the many cases of VOTE FRAUD due to “lack of standing”! How does an ILLEGAL INVADER have “standing” to prevent him/her from being REMOVED from OUR NATION?
Liberal/Globalists Judges should all be removed from the Courthouse and retired and have no further power in the Judicial System
The leftist judges are the ones creating this so-called “constitutional crisis,” by unabashedly and unapologetically substituting their political opinions on any given issue before them rather issuing proper judicial opinions devoid of personal political leanings and w/ all fidelity to the doctrine of separation of powers and the rule of law. That they are unable and/or unwilling to do so shows that they are unfit to serve as member of the judicial branch. Not helping one bit is SCOTUS’ weak and unwise limited orders reversing in part these absurdly broad and dangerous orders by lower courts usurping the Executive branch Article II authority. Simply put, John Roberts has no balls. This tone of deference and politeness from SCOTUS is its now (since 2019 passing on PA election laws usurpation by PA’s Supreme Court) all too close in tune w/ its favorite “go-to” so-called “lack of standing” excuse to shirk its constitutional obligations under Article III. This has been Roberts’ – and now Amy Barett’s – favorite “out” when the issues get too hairy & consequential for the weak-kneed, cloistered country club to handle at least since 2019 when SCOTUS dodged the obvious constitutional violations of the PA state supreme court and secretary of state’s usurpation of PA election. Trump knows Roberts has no balls, and Roberts resents it. Amy . . . well, that’s a given, though it shouldn’t be.
Six months ago I didn’t know or care who “Judge” Bozoberg is. Now these lawfare mediocrities seem to be everywhere courtesy of Obama, Clinton and Biden.
Hey Congress, start eliminating these districts where these corrupt judges exist while you are still in power. We don’t need so many judges.