Welcome home, fellow Gator.

The Gator Nation's oldest and most active insider community
Join today!

So many Judges, So many losses

Discussion in 'Too Hot for Swamp Gas' started by G8trGr8t, Feb 25, 2025.

  1. G8trGr8t

    G8trGr8t Premium Member

    36,269
    12,692
    3,693
    Aug 26, 2008
    MSN
    ・"The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting. The Founding Fathers knew this!"

    ・In response to the administration's assertion that WilmerHale was simply speculating when it claimed the order harmed it: "Please—that dog won't hunt!"

    ・In response to the administration pushing back on the idea that the order caused the firm's client numbers to sink: "This argument is absurd!"

    ・"The Order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished!"
    ・In response to the administration pushing back on the idea that the order caused the firm's client numbers to sink: "This argument is absurd!"
    ・"The Order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished


    Pretty sure the language in that decision is S.M.A C.K.D.O.W.N worthy
     
    Last edited: May 29, 2025 at 11:26 AM
    • Disagree Bacon! Disagree Bacon! x 1
  2. G8trGr8t

    G8trGr8t Premium Member

    36,269
    12,692
    3,693
    Aug 26, 2008
    maybe this is the cause for the spat. seems trump is leaving Elon to defend himself

    Judge spares Trump from massive DOGE lawsuit — leaving Elon Musk holding the bag for ‘unauthorized role’

    Donald Trump has been dropped from a lawsuit accusing his administration of illegally wielding power to slash government agencies and purge the federal workforce. But a federal judge won’t let Elon Musk escape the case.

    Musk — tapped by the president to lead the so-called Department of Government Efficiency — is facing a lawsuit from a group of 14 states arguing that the world’s wealthiest person lacks any legal authority to carry out mass firings, terminate grants and access sensitive government information and taxpayer data.
    ...........
    The states suing the administration plausibly allege that Musk “makes decisions about ‘federal expenditures, contracts, government property, and the very existence of federal agencies,’” she added. DOGE caused “financial harm” to states by slashing federal funding while gaining “unauthorized access” to “private and proprietary information,” according to the lawsuit.

    “The Constitution does not permit the Executive to commandeer the entire appointments power by unilaterally creating a federal agency pursuant to Executive Order and insulating its principal officer from the Constitution as an ‘advisor’ in name only,” Chutkan wrote.
     
    Last edited: May 29, 2025 at 11:26 AM
  3. citygator

    citygator GC Hall of Fame

    14,431
    2,948
    3,303
    Apr 3, 2007
    Charlotte
    Me. Hopefully.
     
    • Funny Funny x 1
  4. VAg8r1

    VAg8r1 GC Hall of Fame

    23,903
    2,038
    1,763
    Apr 8, 2007
    I would add that the decision was unanimous and that two of three judges on the panel were appointed by Republican presidents including one appointed by Trump himself. Although there is no predicting how Trump's personal SCOTUS will ultimately rule on the issue under any rational analysis Article I of the Constitution specifically provides that it's the role of Congress to levy taxes including tariffs. Again under any rational analysis the authority delegated to the president to impose tariffs based on emergencies is intended to be very limited two situations coming immediately to mind are national security or when an exporting country is subsidizing a products to point that their prices are below the cost of production, steel would meet the first and possibly the second criterion, Chinese EVs are a prime example of the latter. Trump clearly exceeded his authority under the Act with his across the board tariffs.
     
    • Agree Agree x 1
    • Informative Informative x 1
  5. G8trGr8t

    G8trGr8t Premium Member

    36,269
    12,692
    3,693
    Aug 26, 2008
    So much of the last 4 months has been straight up illegal, ie, against the law. Stupifying to me how someone can break so many laws and violate so many rights and still face no justice
     
    • Fistbump/Thanks! Fistbump/Thanks! x 2
    • Winner Winner x 1
  6. G8trGr8t

    G8trGr8t Premium Member

    36,269
    12,692
    3,693
    Aug 26, 2008
    Another day, another judge telling the orange oger he cannot do wth he wants

    https://www.politico.com/news/2025/05/28/mahmoud-khalil-ruling-deportation-unconstitutional-00373865

    A federal judge ruled Wednesday that the Trump administration’s effort to deport pro-Palestinian activist Mahmoud Khalil is likely unconstitutional, but the judge stopped short of freeing him from jail.

    Instead, Khalil must present further legal arguments for why he should be released, U.S. District Judge Michael Farbiarz wrote in a 106-page decision.
     
    Last edited: May 29, 2025 at 11:27 AM
    • Like Like x 1
  7. Gatorrick22

    Gatorrick22 GC Hall of Fame

    90,791
    27,335
    14,613
    Apr 3, 2007
    This is what a judicial insurrection looks like. And this is also why the Trump administration is turning the screws on Biden... Comey... several other injustices inflicted upon Trump in his first term. The district judges (protected by Roberts and some others in the SCOTUS) want to play games... then so be it.
     
    Last edited: May 29, 2025 at 1:53 PM
    • Funny Funny x 5
    • Winner Winner x 1
  8. citygator

    citygator GC Hall of Fame

    14,431
    2,948
    3,303
    Apr 3, 2007
    Charlotte
    How do you know it isnt that Trump is just overstepping his authority?
     
    • Agree Agree x 2
    • Winner Winner x 2
    • Like Like x 1
    • Funny Funny x 1
  9. mikemcd810

    mikemcd810 Premium Member

    2,251
    484
    348
    Apr 3, 2007
    The tariffs were overturned unanimously by appointees by Obama, Reagan, and Trump. At some point you just have to accept that Trump is issuing EOs that violate the law and the system is working as designed to provide checks and balances on his power.
     
    • Winner Winner x 5
    • Like Like x 1
  10. G8tas

    G8tas GC Hall of Fame

    6,042
    1,102
    553
    Sep 22, 2008
    Because their ruling contracdicts what Trump wants. You either agree with everything Trump wants or you're an Insurrectionist RINO
     
    • Agree Agree x 2
  11. citygator

    citygator GC Hall of Fame

    14,431
    2,948
    3,303
    Apr 3, 2007
    Charlotte
    Please remember, Biden proposed a new, one-time student loan forgiveness program using his authority under the Higher Education Relief Opportunities for Students (HEROES) Act of 2003, which allows the Secretary of Education to "waive or modify" loan provisions during national emergencies. He used Covid as the emergency not some hairbrained trade deficit as an emergency. Courts said "no". They have no choice but to say "no" in this case. Trump is screwed.
     
    • Winner Winner x 3
    • Like Like x 1
  12. citygator

    citygator GC Hall of Fame

    14,431
    2,948
    3,303
    Apr 3, 2007
    Charlotte
    Also a reminder: The three judges were appointed by presidents Obama, Trump and Reagan.
     
    • Winner Winner x 4
    • Fistbump/Thanks! Fistbump/Thanks! x 1
  13. Gatorrick22

    Gatorrick22 GC Hall of Fame

    90,791
    27,335
    14,613
    Apr 3, 2007
    The Congress had a chance to rein in Trump on that, a couple of weeks ago, and they passed... letting him take care of these tariffs. So, there is no other official in the federal government to do these vital trade deals.
     
  14. citygator

    citygator GC Hall of Fame

    14,431
    2,948
    3,303
    Apr 3, 2007
    Charlotte
    What if the slim majority in congress dont mind his overstepping of authority? That is why we have a court system. I would be surprised if the courts rule any other way. Look at School Loan Forgiveness. The lower courts all the way up to SCOTUS ruled against Biden. Said he didnt have the authority and congress didnt do anything there either. Same here.
     
  15. Gatorrick22

    Gatorrick22 GC Hall of Fame

    90,791
    27,335
    14,613
    Apr 3, 2007
    The POTUS has the authority... only the Congress could have, maybe, challenged the POTUS and they did not.
     
    • Funny Funny x 1
  16. ETGator

    ETGator Long-Time Gator Stuck In East Tennessee Moderator VIP Member

    14,967
    9,523
    3,213
    Sep 15, 2007
    The Order was stayed (put on hold) by the United States Court of Appeals For The Federal Circuit.

    FedCirVOSOrd052925
     
    • Fistbump/Thanks! Fistbump/Thanks! x 1
  17. G8trGr8t

    G8trGr8t Premium Member

    36,269
    12,692
    3,693
    Aug 26, 2008
    Temporarily until appeal is heard. Three judges, from different potus's, different eras had no difference of strong opinion that this wasn't in doubt.
     
  18. G8trGr8t

    G8trGr8t Premium Member

    36,269
    12,692
    3,693
    Aug 26, 2008
    You seriously believe that the judicial branch isn't an equal branch with authority to determine what is or isn't legal? Seriously? Perhaps a second grade civics course is in order.
     
  19. G8trGr8t

    G8trGr8t Premium Member

    36,269
    12,692
    3,693
    Aug 26, 2008
    Pubs should be prosecuted for failing to honor their oath. They voluntarily ceded wartime powers to a tyrant when there is no war, all out of fear that they might get primaried if they don't rubber stamp whatever the orange ogre tells them to
     
    • Winner Winner x 1
  20. citygator

    citygator GC Hall of Fame

    14,431
    2,948
    3,303
    Apr 3, 2007
    Charlotte
    The law says only in an emergency. Who decides if it is an emergency? If only the President can decide if it is an emergency why give him any restrictions at all? He can just randomly declare an emergency. I mean, you have to consistent here.
     
    • Optimistic Optimistic x 1