— Margot Cleveland (@ProfMJCleveland) July 20, 2025
- Abraham Lincoln
— Margot Cleveland (@ProfMJCleveland) July 20, 2025
Quote:
In a terse two-page order, the three judges rejected an appeal of a challenge to Selective Service registration on the basis that it violated Biden's imaginary 28th Amendment. It only took one paragraph to dispense with that claim, emphasis mine:Quote:
The district court properly dismissed Valame's action because Valame failed to allege facts sufficient to state any plausible claim. See Rostker v. Goldberg, 453 U.S. 57, 83 (1981) (rejecting the argument that the MSSA is unconstitutional under the Fifth Amendment); Newman v. Wengler, 790 F.3d 876, 880 (9th Cir. 2015) (explaining that "we do not engage in anticipatory overruling of Supreme Court precedent"); Somers v. Apple, Inc., 729 F.3d 953, 959 (9th Cir. 2013) (explaining that dismissal "under Rule 12(b)(6) is proper when the complaint either (1) lacks a cognizable legal theory or (2) fails to allege sufficient facts to support a cognizable legal theory"). We reject as meritless Valame's contention that the Equal Rights Amendment was ratified as the Twenty-Eighth Amendment to the Constitution.
Bu-bu-bu-but Biden said it was! Well, there's something even funnier about that, as Aaron points out. Even Biden's Department of Justice didn't share Biden's "belief":Quote:
And not for nothing, but Joe Biden was one of the named parties in the court below, him being sued in his official capacity as President of the United States. The case was originally captioned Valame v. Biden, et al. Naturally today, it reads as Valame v. Trump, et al., because when the president is sued in his or her official capacity, it means the name on the caption is the current president. But what all of that tells you is that the Biden Administration had been fighting this case since June of 2023 and the government's lawyers never said, 'you know what? Valame is right! The ERA is part of the Constitution!' Even after Biden made his declaration that the ERA is part of the Constitution, his administration's lawyers were still fighting it through the end of his term.
It's almost as if Joe Biden wasn't really in charge of his administration or something. But that's just crazy talk!!!
The entire episode should embarrass everyone involved in it. It won't, because the Biden Regency is shameless, but it should.
At any rate, we now have yet another court decision ruling that the ERA never got successfully ratified. That should put an end to the chicanery of Democrats who cheered Biden's proclamation in January and who insisted that the National Archives ignore the record and adopt it anyway. The should in this case is pretty much equal to the should in the previous paragraph, however, because Democrats and their allies in the Protection Racket Media will continue to scream about the rule of law while arguing that presidents can unilaterally amend the Constitution. Shamelessness is the main feature of this political age.
Trump admin wins in court again.
— Greg Price (@greg_price11) July 21, 2025
Appeals court lifts stay on order terminating TPS for Afghans & Cameroonians pic.twitter.com/x8WsASpQcf
Next, let's look at Equal Protection. Because the Court finds that the PP affiliation is expressive, cutting the funding is subject to...strict scrutiny? On my quick read this section went over my head. Not really sure why this is an EPC rather than another (odd) 1A claim pic.twitter.com/L18NTJcrvq
— Eric W. (@EWess92) July 22, 2025
Addendum: FRCP 65(c) is really grinding my gears. A PI may issue *only* if the movant gives security. Here, the federal government may be forced to pay PP affiliates millions+ of dollars. (The injunction only applies to 10 affiliates.) Why not make them put up bond? pic.twitter.com/bpsZ7WVIgp
— Eric W. (@EWess92) July 22, 2025
🚨🚨🚨Breaking: Another Trump win of a temporary stay in case lower court ordered reinstatement of fired FTC presidential appointees. pic.twitter.com/leXTQCcwcw
— Margot Cleveland (@ProfMJCleveland) July 22, 2025
Aggie Jurist said:
Being on the federal bench used to mean something - apparently not any longer.
The damage being done to the legitimacy of the federal judiciary by these complete partisans cannot be adequately measured. They are turning our court system into something more recognizable in third world countries.
Blatantly ignoring recent Supreme Court rulings, Boston Obama Judge Indira Talwani pretends Congress doesn’t have the power of the purse anymore.
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) July 22, 2025
She actually ruled it’s unconstitutional for Congress to stop sending money to Planned Parenthood.
And she doesn’t even have the… https://t.co/JEqR1liuTa pic.twitter.com/98BrJ7U2PZ
First, Talwani said the most important attribute for a judge is a "deep and sincere" "fairness." Yet, in this case, she unambiguously undermined the integrity of her decision by issuing an unreasoned TRO (an emergency order halting action pending a hearing). pic.twitter.com/VKHA4YuVAa
— Senator Eric Schmitt (@SenEricSchmitt) July 8, 2025
Third, Talwani pledged to use the constitutional avoidance doctrine to avoid needlessly finding statutes enacted by Congress unconstitutional. In this case, she did the opposite, needlessly striking down a federal provision and acting outside of her Article III power to do so. pic.twitter.com/RhsjRLlA7I
— Senator Eric Schmitt (@SenEricSchmitt) July 8, 2025
Congress also has an important role to play. Here's how Congress can solve this problem:
— Senator Eric Schmitt (@SenEricSchmitt) July 8, 2025
1. Restrict the ability of a single district judge to issue injunctions against the federal government.
japantiger said:
So what's the tally now:
Total bull**** injunctions?
Total appealed to this point?
Total wins for POTUS?
nortex97 said:
Indira Talwani is going to lose badly, yet again. She is a disgrace and is in my 'top 3 should be impeached immediately' Biden-Sotero judges.Blatantly ignoring recent Supreme Court rulings, Boston Obama Judge Indira Talwani pretends Congress doesn’t have the power of the purse anymore.
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) July 22, 2025
She actually ruled it’s unconstitutional for Congress to stop sending money to Planned Parenthood.
And she doesn’t even have the… https://t.co/JEqR1liuTa pic.twitter.com/98BrJ7U2PZ
Just as an example of the Senate GOP's utter fecklessness, this Berkeley JD clown was confirmed 94-0. Great job, Cornyn/Cruz. She is, simply put, a liar.First, Talwani said the most important attribute for a judge is a "deep and sincere" "fairness." Yet, in this case, she unambiguously undermined the integrity of her decision by issuing an unreasoned TRO (an emergency order halting action pending a hearing). pic.twitter.com/VKHA4YuVAa
— Senator Eric Schmitt (@SenEricSchmitt) July 8, 2025Third, Talwani pledged to use the constitutional avoidance doctrine to avoid needlessly finding statutes enacted by Congress unconstitutional. In this case, she did the opposite, needlessly striking down a federal provision and acting outside of her Article III power to do so. pic.twitter.com/RhsjRLlA7I
— Senator Eric Schmitt (@SenEricSchmitt) July 8, 2025
Congress and SCOTUS (by re-assigning cases on emergency appeal from activist, lawless partisans) need to act.Congress also has an important role to play. Here's how Congress can solve this problem:
— Senator Eric Schmitt (@SenEricSchmitt) July 8, 2025
1. Restrict the ability of a single district judge to issue injunctions against the federal government.
More at the thread.
Mathguy64 said:
Can I find a Judge who will rule that Congress needs to include money in the budget for me? Or just rule that POTUS gives me money directly?
That seems fair.
japantiger said:
So what's the tally now:
Total bull**** injunctions?
Total appealed to this point?
Total wins for POTUS?
Eye-opening! Early in President Trump's term, legal commentators said the win-loss record in district courts showed unique lawlessness. Now, thanks to the all-stars at the @TheJusticeDept, the numbers (and lower courts) have reversed. Looking forward to the public reassessment! pic.twitter.com/8iUp21pPJg
— Eric W. (@EWess92) July 21, 2025
More Humphrey's news--The D.C. Circuit (No. 25-5261) has entered an order in the Slaughter appeal administratively staying the district court's judgment directing Trump to rehire the former FTC commissioner. This just means the court is staying the order in order to consider…
— John Reeves (@reeveslawstl) July 22, 2025
JUST IN: 20 states are suing the Trump admin to KEEP taxpayer-funded benefits for illegals
— Libs of TikTok (@libsoftiktok) July 22, 2025
They want illegals to get Head Start, healthcare, tuition, & more
But Democrats just spent months insisting illegals weren’t getting taxpayer funded benefits… pic.twitter.com/AXCaAYuUUz
Quote:
More Humphrey's news--The D.C. Circuit (No. 25-5261) has entered an order in the Slaughter appeal administratively staying the district court's judgment directing Trump to rehire the former FTC commissioner. This just means the court is staying the order in order to consider whether to grant a stay on the merits. But what's really interesting about this is that the Trump administration sought a stay in the D.C. Circuit before the district court even ruled on its (still pending) motion to stay at the trial level. I've never seen that done before.
Mathguy64 said:
Seems to me that's a 10th amendment deal. It's not a federally mandated item in the constitution. Those states are free to find those programs themselves. With their own tax revenues. And if the voters in those states are ok with that then that's fine. If those voters are not ok with that, then they have a solution to their problem.
🚨 BREAKING: Federal judges have REFUSED to extend Alina Hanna’s tenure as interim U.S. Attorney for New Jersey
— Nick Sortor (@nicksortor) July 22, 2025
The leftist activist judges in Jersey are clearly terrified of @USAttyHabba
THAT’S why we need to fight to get her confirmed by the Senate. pic.twitter.com/h0qZUBgLaB
nortex97 said:🚨 BREAKING: Federal judges have REFUSED to extend Alina Hanna’s tenure as interim U.S. Attorney for New Jersey
— Nick Sortor (@nicksortor) July 22, 2025
The leftist activist judges in Jersey are clearly terrified of @USAttyHabba
THAT’S why we need to fight to get her confirmed by the Senate. pic.twitter.com/h0qZUBgLaB
They are scared. No recess, Thune. Get…it…done.
Quote:
Not really horrible. Just put someone else in there even BETTER!
Ellis Wyatt said:Quote:
Not really horrible. Just put someone else in there even BETTER!
Not a single US Attorney has been approved by the Senate since Trump took office.
And only one federal judge.
This is a problem.
.@USAttyHabba has been doing a great job in making NJ safe again. Nonetheless, politically minded judges refused to allow her to continue in her position, replacing Alina with the First Assistant.
— Attorney General Pamela Bondi (@AGPamBondi) July 22, 2025
Accordingly, the First Assistant United States Attorney in New Jersey has just…
🚨🚨🚨BREAKING: Trump Administration files appeal in Planned Parenthood funding case. pic.twitter.com/lCAjaf4NH2
— Margot Cleveland (@ProfMJCleveland) July 22, 2025
BOOM 💥
— The Chris Salcedo Show (@CSalcedoShow) July 22, 2025
Attorney General Pam Bondi just FIRED the replacement for acting US Attorney Alina Habba after New Jersey liberal judges colluded to replace Habba with a leftist-approved attorney.
Desiree Leigh Grace was named by Chief Judge Renee Marie Bumb as Habba’s successor under a… pic.twitter.com/sYObScSzcc
will25u said:Trump admin wins in court again.
— Greg Price (@greg_price11) July 21, 2025
Appeals court lifts stay on order terminating TPS for Afghans & Cameroonians pic.twitter.com/x8WsASpQcf
Quote:
The Department of Homeland Security (DHS) is allowed to end the Temporary Protected Status (TPS) for roughly 10,000 Afghans and Cameroonians while a court challenge against the move continues to play out in court, the Fourth Circuit Court of Appeals ruled Monday. The court determined that while CASA an immigration advocacy group suing DHS has a plausible case, there is not enough evidence to block the TPS phaseout while the court challenge continues.
Quote:
An appeals court has overturned a New Jersey sanctuary law that attempted to ban state and local agencies, as well as private contractors, from partnering with the Immigration and Customs Enforcement (ICE) to detain illegal aliens in detention centers.
On Tuesday, the Third Circuit Court of Appeals ruled in a 2-1 decision that New Jersey's law, known as AB 5207, "interferes with the federal government's core power to enforce immigration laws" by banning state and local agencies and private contractors from working with ICE to operate detention centers for illegal aliens.
"New Jersey is on the wrong side of that line. It dislikes some of the federal government's immigration tools, so it passed a law with the "intent" to forbid new contracts for civil immigration detention," the decision states:Quote:
"[T]he National Government is, and must be, controlled by the people without collateral interference by the States." Because New Jersey knew that it could not openly bar the federal government from contracting to detain immigrants, it instead eliminated everyone with whom the federal government might contract within its borders. It asks us not to notice the federal elephant in the room. Yet we can see the law for what it really is, "claiming the authority to dictate the manner in which the federal [immigration] function is carried out." Letting states do that would "chang[e] totally the character of" our federal system by "transfer[ring] the supremacy, in fact, to the states." The U.S. Constitution is supreme, and intergovernmental immunity protects that supremacy. New Jersey's law directly regulates the federal government, so it is unconstitutional as applied to CoreCivic. We will affirm. [Emphasis added]
The ruling affirms a district court ruling that similarly found New Jersey's ban on private detention of illegal aliens to be unconstitutional.
New Jersey Democrats passed the ban in 2023 in an attempt to prevent CoreCivic, a longtime private detention contractor, from having its ICE contract in Elizabeth, New Jersey, renewed. As the appeals court states, though, ICE relies on state and local agencies as well as private contractors to operate such detention of illegal aliens.