Wednesday, December 15, 2021

Fifth Circuit Body-Slams Biden* Border Policy

This is language which one NEVER sees in courts.

Until Biden*'s regime of lawlessness came into being.  This short excerpt comes from the Fifth after Biden* indicated he would appeal the original decision, wherein the Court ordered Biden* to effect Trump's 'Remain in Mexico' again.

DHS’s proposed approach is as unlawful as it is illogical. Under Supreme Court and Fifth Circuit precedent, this case is nowhere near moot. And in any event, the vacatur DHS requests is an equitable remedy, which is unavabile [sic] to parties with unclean hands. The Government’s litigation tactics disqualify it from such equitable relief.

The Government does NOT have 'clean hands.'  

Then the Court addressed Biden*'s decision to re-start his Invasion Pollicy in the first damn place.

DHS claims the power to implement a massive policy reversal—affecting billions of dollars and countless people—simply by typing out a new Word document and posting it on the internet. No input from Congress, no ordinary rulemaking procedures, and no judicial review. We address and reject each of the Government’s reviewability arguments and determine that DHS has come nowhere close to shouldering its heavy burden to show that it can make law in a vacuum.

On the merits, the Termination Decision was arbitrary and capricious under the APA.

That's pretty close to the judge(s) standing up and saying "Get the HELL out of this courtroom, you jackasses!!"

Which, actually, they should have done.

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