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Thread: Border Wall and Declaration of Emergency

  1. #1
    Administrator Moh's Avatar
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    Border Wall and Declaration of Emergency

    A question: if President Trump invokes his emergency powers to build a border wall but, at least initially, limits it to the Texas-Mexico border, will opponents be confined to filing lawsuits in Texas Federal District Courts and then appealing to the Fifth Circuit? Or will there, nevertheless, be some way of bringing suit in the Northern District of California (and, later, the Ninth Circuit) and/or Federal District Court in DC?

  2. #2
    Senior Member Frequent Poster johncocacola's Avatar
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    I think they will no doubtedly bring it to the 9th Circus somehow since it's a constitutional question more so than a jurisdiction issue.

    With the travel ban for instance, a majority of the delays took place in New York yet Jay Inslee who has presidential ambitions got the Western District of Washington to issue a nationwide halt first over the Eastern District of New York.

    Same thing in Hawaii, even though few if any of the refugee issues took place there they knew the judges on the District of Hawaii would be liberal enough to give them the ruling they wanted.

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    Administrator Aaron's Avatar
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    "Muh 9th Circuit" and "Muh RBG" are the only judicial things half those libs know. You can bet your bottom dollar it'll be in the 9th Circus. Trump has a great chance of winning at SCOTUS though, assuming Roberts doesn't muck it up.
    "You can't get rich in politics unless you're a crook." - Harry Truman

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    Senior Member Frequent Poster johncocacola's Avatar
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    On that note, the nominations Trump sent out this week for the 9th Circus would undoubtedly change the court for the better but I worry about the long term ramifications of a democrat president overriding the blue slip and packing the courts with young liberals.

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    Administrator Aaron's Avatar
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    You are correct. Enjoy the good times while they last, because we're probably going to get hit hard in 2020. This is why it is so important to ram as many young conservatives as possible through in the meantime, for Trump to replace Ginsburg and possibly fortify Thomas' seat with a young version of him, and to vote in Senate elections to minimize the power dem Presidents will have with the courts.
    "You can't get rich in politics unless you're a crook." - Harry Truman

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    Senior Member Frequent Poster johncocacola's Avatar
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    I though Feinstein's offer to accept James Rogan (Republican 61 years old) in return for Lucy Koh (Democrat 50 years old) and a moderate third candidate was a decent compromise.

    Short term win long term loss.
    Last edited by johncocacola; 02-03-2019 at 01:31 PM.

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    Senior Member Frequent Poster Fact's Avatar
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    A not so terrible thing about Koh is that she'd likely have to recuse herself from any California death penalty case heard after 2015 because her husband is a California Supreme Court Justice.
    Last edited by Fact; 02-03-2019 at 01:05 PM.

  8. #8
    Administrator Aaron's Avatar
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    Quote Originally Posted by johncocacola View Post
    I though Feinstein's offer to except James Rogan (Republican 61 years old) in return for Lucy Koh (Democrat 50 years old) and a moderate third candidate was a decent compromise.

    Short term win long term loss.
    I'd rather just ram through the five hardliners Trump tapped to the 9th Circuit last congressional session. Nothing good will come from bargaining with someone like her. They won't reciprocate when they take back power, so I say keep on the throttle and kick em as much as possible while they're down.
    "You can't get rich in politics unless you're a crook." - Harry Truman

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    Administrator Aaron's Avatar
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    Well I guess we'll soon get an answer to this question. My prediction: 9th Circus issues injunction, the government appeals to SCOTUS to vacate it. Roberts will be the swing vote.
    "You can't get rich in politics unless you're a crook." - Harry Truman

  10. #10
    Senior Member CnCP Legend
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    I'm wondering if the senate will be able to limit the clownery of the 9th by placing the 5 noms they currently have waiting onto the court before the lawsuits reach it.

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