Democrats’ anger at the Supreme Court grows by the day.
The left cannot stand the fact that it does not control one center of power in American government.
Joe Biden just learned this brutal lesson at the Supreme Court.
Republican state attorneys general continually challenge Joe Biden’s lawless and unconstitutional open borders agenda.
Biden found himself in front of a hostile Supreme Court once again thanks to a 2021 memo from Homeland Security Secretary Alejandro Mayorkas ordering federal officials to ignore the law and not automatically deport illegal aliens convicted of specific crimes as laid out in a 1996 law.
Louisiana and Texas sued arguing the Biden administration violated the Administrative Procedure Act (APA) by laying out clear and convincing reasoning for the policy.
And in a shocking development, it was Biden’s own Supreme Court nominee Ketanji Brown Jackson who sounded a skeptical note.
Jackson took issue with Biden administration Solicitor General Elizabeth Prelogar’s argument that the Court could rule that even if the administration violated the APA it could still apply Secretary Mayorkas’s memo in the other 48 states that did not sue over the Biden administration giving a free pass to criminal illegal aliens to remain in the country.
“The conceptual problem that I’m having with your argument [is] you point to text, context and history, and I understand those things, but ordinarily, there’s a symmetry between a claim that has been made in a case and the remedy that is provided to a successful plaintiff,” Jackson stated.
“The way that you are readings this actually creates a disconnect for me,” Jackson continued. “Here’s what I mean: It is clear that the claim under the APA is about the manner in which the agency has exercised its discretion. And we know that agencies have no inherent authority. They get all of their power to make valid and legally binding policies from Congress. And Congress has said in the APA that in order to make valid and legally binding policies, agencies have to follow certain procedures.”
Jackson tore apart Prelogar’s claim noting that if a federal agency failed to follow the APA that meant the policy was null and void and the administration doesn’t then get to pick and choose how that ruling is enforced.
“So when a plaintiff is making a claim under the APA, they’re complaining about the agency’s failure to follow the procedures that are necessary in order to reach a valid and legally binding result. Given that that’s the case, I think there’s a disconnect to say that the successful plaintiff only gets a remedy that is about the application of that rule to them,” Jackson added.
Jackson compared this matter to a contracts case where a contract was either valid or not.
“That result then is that the agency doesn’t have a rule that it can apply,” Jackson explained. “If the court were to find in a contracts case that the contract is void because it wasn’t properly formed, you know, the result is not you can apply it to whomever, just not the plaintiff standing there. It’s not a thing anymore. And that’s to me what the statute says — you set it aside because you haven’t formed it properly and consistently with what Congress has said.”
Joe Biden’s reckless open borders agenda fails a political test, a national security test, and a legal test.
And the arguments the administration put forth to defend allowing criminal illegal aliens to remain in America in blatant violation of federal law were so preposterous that even Joe Biden’s own Supreme Court nominee laughed them out of court.
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