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Showing posts with label Federal Judge. Show all posts
Showing posts with label Federal Judge. Show all posts

Sunday, August 15, 2021

Federal judge hands Biden 'major loss,' orders Biden to revive Trump-era immigration policy

 

Federal judge hands Biden 'major loss,' orders Biden to revive Trump-era immigration policy

 A federal judge ordered the Biden administration late Friday to revive a key immigration policy established by former President Donald Trump that President Joe Biden canceled.The ruling came one day after the Department of Homeland Security announced border patrol agents encountered 212, 672 migrants in July, a 13% increase from June.

What is the background?

Read more

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Tuesday, September 15, 2020

PA Governor’s COVID-19 Restrictions Unconstitutional

Federal Judge Rules PA Governor’s COVID-19 Restrictions Unconstitutional

Photo courtesy: Pennsylvania Governor's Office
Exposed in his own tyranny, Pennsylvania Gov. Wolf whines like a pre-adolescent brat, “but all the other governors are doing it”. The fact is, “all the other governors” should immediately rescind all of their unconstitutional mandates and restore our civil liberties. ⁃ TN Editor

Gov. Tom Wolf’s pandemic restrictions that required people to stay at home, placed size limits on gatherings and ordered “non-life-sustaining” businesses to shut down are unconstitutional, a federal judge ruled Monday.

U.S. District Judge William Stickman IV, who was appointed by President Donald Trump, sided with plaintiffs that included hair salons, drive-in movie theaters, a farmer’s market vendor, a horse trainer and several Republican officeholders in their lawsuit against Wolf, a Democrat, and his health secretary.

The Wolf administration’s pandemic policies have been overreaching and arbitrary and violated citizens’ constitutional rights, Stickman wrote in his ruling.

The governor’s efforts to slow the spread of the coronavirus “were undertaken with the good intention of addressing a public health emergency. But even in an emergency, the authority of government is not unfettered,” Stickman wrote. “The Constitution cannot accept the concept of a ‘new normal’ where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures.”

The ruling means that current restrictions, including ones that limit the size of indoor and outdoor gatherings, can’t be enforced, according to attorney Thomas W. King III, who represented the plaintiffs.

“It’s really 100% in our favor. The court found in all respects that the orders issued by the governor and the secretary of health were unconstitutional. What it means is they can’t do it again, and they should not have done it in the past,” King said.

Wolf’s spokesperson, Lyndsay Kensinger, said the administration will seek delayed enforcement of the ruling while it appeals.

“The actions taken by the administration were mirrored by governors across the country and saved, and continue to save lives in the absence of federal action. This decision is especially worrying as Pennsylvania and the rest of the country are likely to face a challenging time with the possible resurgence of COVID-19 and the flu in the fall and winter,” Kensinger said in a written statement.

At a news conference Monday, the state health secretary, Dr. Rachel Levine, pleaded with Pennsylvania residents to maintain social distancing and avoid crowds despite the ruling. She said of the ruling that “anything that limits our ability and the number of tools we have is a challenge to public health.”

Courts had consistently rejected challenges to Wolf’s power to order businesses to close during the pandemic, and many other governors, Republican and Democrat, undertook similar measures as the virus spread across the country.

Read full story here…

Source:  technocracy.news

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Tuesday, June 28, 2016

Federal Judge:

Constitution Not Worth Studying Anymore

Friday, May 13, 2016

“Unconstitutional”: Obamacare Illegally Funded

“Unconstitutional”: Federal Judge Rules Obamacare Illegally Funded Without Congress Authorization

Mac Slavo
May 13th, 2016
SHTFplan.com
san-bernardino-swat
The above image is a generic one from the type of SWAT raids the police state has become known for. Though President Obama pretends that he is against these kinds of ‘military vehicles on the streets of America’ is represents exactly how the federal government intends to enforce its Obamacare mandate (it’s already happening with student loans).
Make no mistake, the IRS is armed and the age of debtor’s prison is back in vogue, along with everything else ungodly and unconstitutional. “Tax cheats” and Tea Party-like political targets – now monitored and penalized in fines and audits – will no doubt cross paths with a SWAT team before long.
No one knows the hour, but everyone knows the routine. It is coming, and the witnesses are line up and down the aisle. The proverbial writing is on the wall.
This is a tyranny. It is dressed up in political theater and subtle rationales for the scofflaws and dissidents it targets.
It is the people in mainstream society who must bear the outrageous costs of health care – driven up by self-interested pharmaceuticals, drug listeria, etc. – by being forced at gunpoint to pay for insurance that is unaffordable and so inept and slow as to detriment the health of the people who must rely upon it.
This system encourages sick people, and creates loopholes for crony financiers to reap the profits. It is the people who must pay for it… say what you will, but there is little promise that it will be overturned.
Nevertheless, it is “historic” that a federal judge has ruled that at least one aspect of Obamacare is certainly “unconstitutional” – based on a lawsuit by House Republicans over part of the language of the Obamacare law (in which a vague promise of Federal subsidies for health insurers that cover low income people is made but does not include proper funding or authorization from Congress).
It is significant, but hardly the whole enchilada.
House Republicans won Round 2 in a potentially historic lawsuit Thursday when a federal judge declared the Obama administration was unconstitutionally spending money to subsidize health insurers without obtaining an appropriation from Congress.
Last year, U.S. District Court Judge Rosemary Collyer broke new ground by ruling the GOP-controlled House of  Representatives had legal standing to sue the president over how he was enforcing his signature healthcare law.
On Thursday, she ruled the administration is violating a provision of the law by paying promised reimbursements to health insurers who provide coverage at reduced costs to low-income Americans.
[…]
The Constitution says “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law,” Collyer noted, but the administration has continued to pay billions to insurers for their extra cost of providing health coverage.
“Paying [those] reimbursements without an appropriation thus violates the Constitution,” she wrote. “Congress is the only source for such an appropriation, and no public money can be spent without one.”
[…]
“This suit represents the first time in our nation’s history that Congress has been permitted to sue the executive branch over a disagreement about how to interpret a statute,” House Speaker Paul Ryan told reporters.
It is certainly true, and should be respected, that Congress alone among the three branches holds the public purse.
It will likely be turned over on appeal, and the whole process may head again to the Supreme Court… but that audience is cold to such arguments. Scalia is now quite dead, and what’s left is a travesty for the Constitution.
Much of the damage has already been done; other destruction is coming.
shredding-the-constitution
THE UNFOLDING ERA OF TYRANNY
Though the soft phase of the ‘velvet glove’ is still operating on the surface, the worm has already turned. Debt and decline have set into this once great nation; the barbarians have long ago been let in the gate. Useful hordes of low wage immigrants and forced-cultural clashes keep the focus off the titans who pull the strings and force ordinary Americans into a no-win situation, and mocking choices of opposing-collaborators in its leadership “choices.”
The debt can never be repaid, and won’t be anyway through the policy avenues that now exist. The bankers have successfully looted the Treasury, and set up the Federal Reserve as an all-you-can-eat bankers buffet.
The system is collapsing, and these have always been dark days for patriots; the pattern has repeated many times over just in the 20th Century alone.
Today, Venezuela is in obvious collapse, and the people are being brutally starved and repressed. Meanwhile, the same is happening in slow motion in America, though the appearance may be different.
The oligarchs bankrolling Obama’s presidency have inflated the vehicles of socialism, socialized medicine and welfare benefits, only to profit off no-bid contracts and carefully channeled returns through fees, charges and guaranteed business shares. The pensions have been handily disappeared into the derivatives blackhole-market, as equity pirates loot the community chests and leave retirees hanging with a bad haircut.
Ideologues have refused to see why being forced to buy into a socialized system is so wrong and detrimental on every level.
Freedom is being extinguished, and the day is coming when many will meet face to face with SWAT teams and warrant sweeps for unpaid debts to the State.
Be very cautious about what is approaching…
Here are some other snapshots in this unfolding tyranny (It runs the course of years, not hours):

 

Saturday, July 11, 2015

Federal Judge orders Obama administration to court to explain why it has ignored his immigration injunction

posted at 6:41 pm on July 8, 2015 by Bruce McQuain


Federal Judge Andrew Hanen, who previously issued an injunction against further enforcement of President Obama’s unilateral executive actions on immigration, has issued an order directing the defendants (to include the HHS secretary) appear before him in court in August to attempt to explain to him why they shouldn’t be held in contempt of court. From his order:
The Court was first apprised by the Government of the violations of its injunction on May 7, 2015. It admitted that it violated this Court’s injunction on at least 2,000 occasions—violations which have not yet been fixed. This Court has expressed its willingness to believe that these actions were accidental and not done purposefully to violate this Court’s order. Nevertheless, it is shocked and surprised at the cavalier attitude the Government has taken with regard to its “efforts” to rectify this situation.The Government promised this Court on May 7, 2015, that “immediate steps” were being taken to remedy the violations of the injunction. Yet, as of June 23, 2015—some six weeks after making that representation—the situation had not been rectified. With that in mind, the Court hereby sets a hearing for August 19, 2015, at 10:00 a.m. Each individual Defendant must attend and be prepared to show why he or she should not be held in contempt of Court. In addition to the individual Defendants, the Government shall bring all relevant witnesses on this topic as theCourt will not continue this matter to a later date. The Government has conceded that it has directlyviolated this Court’s Order in its May 7, 2015 Advisory, yet, as of today, two months have passed since the Advisory and it has not remediated its own violative behavior. That is unacceptable and,as far as the Government’s attorneys are concerned, completely unprofessional. To be clear, thisCourt expects the Government to be in full compliance with this Court’s injunction. Complianceas to just those aliens living in the Plaintiff States is not full compliance.
Pretty straightforward as well as quite threatening to those who have, to this point, ignored their promise. It appears that Judge Hanen is in no mood to play the usual delaying games this administration so often employs.
They’ve been given until July 31 to remedy the problems and report to the court. If, in fact, they are able to satisfy the court that the action required has been accomplished, the Judge says he will cancel the August appearance. Otherwise, it could be a very hot time in Texas for the defendants.
And, rightfully so.
It is nice to see someone with a little steel in their spine and a penchant for the rule of law take this administration to task.
~McQ
Note:  Source Hotair.com