Supreme Court ruling on Asylum

Trump and the DOJ decided it could make it much harder for immigrants to apply for asylum,  by refusing to approve applications by illegal immigrants from within the country.   I’ve commented on this before.  The 9th Circuit Court of Appeals barred the Trump administration from enforcing the policy.   Trump attacked the court as biased against the Trump administration.  Those opposed to this policy seemed to be on pretty solid ground, as the applicable immigration law stated that both immigrants within the country illegally and those outside the country have the right to apply for asylum.

The government’s case seems to hing on the right to apply does not mean the government must approve applications.   But this seems absurd, as who would ever apply, knowing the application would go straight into the garbage without any consideration.  The applicant likely would face deportation.    It is also contended that the government needed a tougher policy, as there was a crisis at the border with the terribly exaggerated  caravan story.

The circuit court barred the asylum policy to be implemented and the Trump administration appealed, asking the Supreme Court to lift the bar, so they could continue the new policy as the case was being appealed.    They lost in a 5 to 4 ruling, where all liberal judges (Brennan, Ginsburg, Kagan, Sotomayor) were joined by Chief Justice Roberts in denying the government’s motion.  The case will be heard next year in the Supreme Court.  By the time this gets to the Supreme Court, the caravan invasion saga will be history, weakening the argument that Trump needs extraordinary powers to protect our country.   I predict Trump will lose on the principle that the Executive branch can’t overrule Congress.

Justice Ginsburg cast her vote with the majority, then went to the hospital to remove two cancerous growths in her lungs.  By all reports, the operation went successfully.  The recent fall in her office, resulting in fracture ribs, prove to be a very fortuitous event as follows (CNN reporting):

If the justice hadn’t fractured her ribs, Liu said, it’s possible that doctors wouldn’t have found the nodules and that they might have gotten larger. It is unclear from the court’s statement how long the nodules were there or how quickly they had grown.

The court is adjourned for the rest of the year, and I wish Justice Ginsburg a speedy recovery.   She is incredibly resilient!

Stay tuned,

Dave

Links

http://www.scotusblog.com/2018/12/justices-rebuff-government-on-asylum-ban/#more-278070

http://www.scotusblog.com/2018/12/ginsburg-has-cancerous-growths-removed-from-lung/

 

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