Texas pushes back against Biden’s deportation halt
Texas has won a temporary victory over Biden’s halt to deportations:
Attorney General Ken Paxton today commended the United States District Court for the Southern District of Texas for granting a nationwide temporary restraining order halting implementation of the Biden Administration’s unlawful order to the Department of Homeland Security to freeze virtually all deportations of illegal aliens.
The court’s ruling is here. I’m going to assume the case is far from over.
Here are Frei and Barnes on the matter, as well as Biden’s executive order frenzy in general:
The combination of the dismantling of any serious defense of the southern border with the reluctance of Soros-funded DAs to prosecute many serious crimes in cities large and small, along with the alarming increase in violent crime, especially homicide, during 2020 (a trend stupidly attributed by most leftists to the Wuhan virus, rather than to the widespread lawlessness which followed on the death of Floyd) augurs very badly indeed for the stability of our moribund republic. Far too few “progressives” seem to be able to comprehend one of the most basic facts of human nature, viz. that misbehavior, unless disincentivized, will increase and intensify.
Here we go. If FedGov won’t do its job, the states will.
In the end the Federal government has as much power as we give it through treating it as legitimate government…
I really enjoy listening to Barnes, he very smart, persuasive, and works in the trenches, which gives him a different perspective from the highbrow legal analysis found elsewhere. That said, you have to be careful of smart, persuasive people lest they lead you astray 🙂
@Frederick:
It has as much power as it can enforce by, (you guessed, Force) after you stop giving it the benefit of the doubt.
Subtle difference.
I’m curious to see how it all pans out.
The Supreme Court will determine the legality of Xiden’s E.O. directing the Department of Homeland Security to freeze virtually all deportations of illegal aliens.
However the S.C. rules, it’s just a matter of time till the Xiden administration defaults to the Andy Jackson POV, “John Marshall has made his decision, now let him enforce it”.
Especially as, Xiden’s puppet masters know that the majority in Congress will ignore any impeachable defiance by Xiden of S.C. rulings.
Laws and Constitutional legalities are for the deplorables not for the woke.
So “Hawaiian Judge” from the past four years is to be replaced by “Texas Judge” for the next four.
God bless the Founders for building Federalism into the system.
Our big hope between now and the next election is the states. I hope that a number of them will resist in concert. Dare I mention the 19th century coalition, strengthened by the upper Mid-West; and perhaps some of the middle class dominated states in other regions?
It would be nice if the Biden crowd spent most of their time in Federal Court trying to defend their actions; or better, yet trying–in vain–to get judgements against them over ruled. Parenthetically, I am not sanguine that, unlike the previous Administration, they would obey adverse rulings.
Actually, a reasonable person might expect that “the people” may rise up in mass protest against the blatant usurpation of extra-constitutional actions that directly affect their lives.. I jest. There is little reason to expect cooperative action from a meaningful segment of the American population. of the 21st century. Unless, of course, it gets really bad, and then it may be too late.
Rufus T. Firefly:
By comparison, the other Hawaiian senator is an absolute, but anonymous, genius. Hawaii has two senators?
I kind of chuckled when I read about Ken Paxton getting a victory because my liberal, Democrat friends here in Texas have been hating Ken for years because he is a Tea Party guy, under indictment since he first took office in 2015 for some (goofy stuff?) brought by the other side and he wins re-election and Wiki hates him in a very detailed way they never talk about the blue state people. With Biden and his new crew screwing stuff up I would not be surprised if a whole lot of Texans don’t vote very conservative this next go around.
If the Hawaiian (and other Democrat) judges hadn’t spent so much time trying to make their local decisions against Trump’s administration apply nationally, maybe the Texas judges wouldn’t have thought of doing it themselves.
Wrong for Hawaii, wrong for Texas (and anyone else), and IIRC the Supremes have thus ruled in at least a few cases.
However, the circumstance are enough different that Texas may actually have legal standing for what they are asking, and the Hawaiians did not.
From TJ on the Biden thread ICYMI – relevant here as well.
Discussion here at American Thinker, by Selwyn Duke
https://www.americanthinker.com/articles/2021/02/the_fight_that_lies_between_status_quo_and_secession.html
The biggest objection I have to nullification is that it will make national life and commerce totally chaotic, as each state will decide which laws or court rulings it intends to renounce. It is very close to a shadow secession.
I would much prefer having enough Democrat leaders and voters see what they actually elected and push-back strongly enough to defeat the moves toward socialist tyranny.
(see Neo’s “Biden” post yesterday).
And if wishes were horses, we would all be shoveling manure.
Barnes: Democrats after the last four years hamstringing Trump are “reaping what they sowed” and “those born on third-base and thinking they hit a triple” are in trouble now for assuming the entire judicial system will be aligned with them.
An executive order acting like legislation: “they didn’t really plan on having to defend this.”
Undermines the media message for the last four years in two ways: (1) claims that only Trump governed in this rogue way; (2) Obama’s pronouncement that governing by Executive Order is tyranny (not that he ever took his own statements seriously).
Brilliant.
It is just possible that Biden’s ‘Clown Car’ full of diversities might not be the most competent choices of sharp, well educated, well disciplined minds as they move on down the road and meet obstacles. Our bloated Federal government has filled a lot of positions over several decades with special selections who hired their friends and buddies into slots where they can never be fired. I have an old dear friend who has been a Social Security judge for a number of years and she told me that it is a total mess trying to move things along and get them written up and put into the system. An older relative of mine is an excellent tax accountant who has practiced for over 60 years and he still has selected clients with complicated returns and he has watched the erosion of competent IRS accountants trying to apply the latest laws and regulations and the rank and file who try to move the process along and it is a total mess. Seems as if all the government workers who have put in enough time to jump ship with a reasonable retirement are heading for the door and not leaving a well trained staff behind. We have seen how the DOJ along with the FBI and other alphabets have been getting more goofy playing their own power games and I think we are in for some most interesting times.
Now let’s see what the Texans can do to make things interesting. As you all know Texas has been a pivotal point since the 1830’s, and Independence from Mexico, the war in Mexico where the Texas Rangers showed the world what Texans can do (they were almost as feared as the Swiss in Europe) and then of course Texas came into the Union and we had a Civil War, Texas a big factor. Coming on up into more recent times poor JFK was killed in Texas which brought LBJ and his mess of the New frontier Great Society stuff when we had all but settled the segregation stuff under Ike. LBJ got us stuck in Nam about the time the Texas Tower Shooter lite up UT in July of 66 and that was a mess starting the mass shooter stuff. We had Roe vs. Wade not long after which let us start killing unborns. What else, Texas was home of Bush one who lost his re-election because Texan crazy ass Ross Perot ran for president and then did not follow through and most Texans did not care for him at all but that gave us BJ Clinton and his witch wife for eight years during which Lawrence and Garner did their Gay Thing in 1998 and then BJ was replaced by Bush number two in 2000, not a bad guy but mostly a go along and get along who used his dad’s crew who managed to get us stuck into a lot of overseas conflicts.
In more recent years obscene amounts of money have been poured into Texas supporting total idiots like Beto and Abortion Barbie Wendy Davis who lost last time to my state senator Chip Davis. As the cost of this last election falls on the shoulder of the regular working people and they pay more for fuel and other expenses I think you will see some eyes opening up and economics will become a real factor, we think we are just doing a lot better and take for granted when the economy heats up and becomes better but when it shrinks and the little guys feel the pain, watch out. We have a lot of hard working very fine people here in Texas of all sorts of backgrounds, faiths and races and generally we like to work hard, play hard and get along and in the long run we might just get along with out all of you all.
@Zaphod:It has as much power as it can enforce by, (you guessed, Force) after you stop giving it the benefit of the doubt.
The force at its command is disproportionately composed of people from states such as Texas.
Now I see that they are working to change all that, to a force disproportionately composed of panderers to the Left. I have trouble believing that the Federal armed forces are going to continue to be as effective as they have been.
Boots on the ground is the only way to force a population to do what you want. And looking back over our last couple of occupations we haven’t been too successful at that… I don’t think Texas is any more governable by force than Afghanistan or Iraq is.
But almost no government functions by force. In the end it’s the willingness of most people to go along and avoid trouble. When that stops, the government stops functioning. The henchmen won’t obey orders any more…
AesopFan: Do you mean something different than the chaos that resulted from CA, NY and other blue states engaging in nullification during the Trump administration? Because we’ve already seen the chaos. If chaos in commerce is the worst we have to deal with to right the ship of state it will be a bargain.
Eventually their diversity games will destroy the future of their own children… money is not the shield of forever power that those who think they have it think it is. quite the opposite… but like molasses in winter it will be long time before the eye turns and will fix its gaze.. by then there will be no where for them to go…
John Fisher – there would be the same sort of chaos only MORE of it, and pulling in different directions.
I didn’t say we shouldn’t go for conservative nullification — if that’s the only way to “right the ship of state” — just that I would hope to see less fraught methods be successful first.