Authoring a unanimous Supreme Court opinion, Justice Ruth Bader Ginsburg tore into the Ninth Circuit Court of Appeals for “drastically” straying from judicial norms when hearing a case involving a California immigration consultant. After Evelyn Sineneng-Smith had been convicted of violating a federal law related to encouraging illegal immigration, the Ninth Circuit reversed the decision, not based on arguments presented by Sineneng-Smith, but by third parties the court brought in to submit arguments that the panel of judges themselves had suggested. “[T]he appeals panel departed so drastically from the principle of party presentation as to constitute an abuse of discretion,” Ginsburg wrote, later stating that “a court is not hidebound by the precise arguments of counsel, but the Ninth Circuit’s radical transformation of this case goes well beyond the pale.” The Supreme Court sent the case back down the Ninth Circuit “for reconsideration … bearing a fair resemblance to the case shaped by the parties.” Sineneng-Smith had been convicted of violating a federal law against someone who “encourages or induces an alien to come to, enter, or reside in the United States” if they know they would be in the country illegally. That was after she charged clients who sought to apply for labor certifications to obtain legal status, prosecutors said, even though she knew they could not meet the application deadlines. She argued that her conduct was not covered by the statute, and if it was it would be a violation of her First Amendment rights. After both sides submitted briefs and held oral arguments, the Ninth Circuit panel — instead of deciding the case at that point — invited the Federal Defender Organizations of the Ninth Circuit, the Immigrant Defense Project, and the National Immigration Project of the National Lawyers Guild to file briefs. The Ninth Circuit specifically outlined issues for them to discuss, including whether the law in question was unconstitutionally overbroad under the First Amendment — an issue separate from any of Sineneng-Smith’s arguments. They also gave the organizations 20 minutes to present oral arguments, compared to just 10 for Sineneng-Smith’s lawyers. The Ninth Circuit ended up overturning Sineneng-Smith’s conviction based on the idea that the law was overbroad under the First Amendment. Ginsburg wrote that the Ninth Circuit’s actions undermined the principle that parties and their counsels are responsible for presenting their own case. “There are no doubt circumstances in which a modest initiating role for a court is appropriate,” Ginsburg wrote. “But this case scarcely fits that bill.”
You know its bad when the Supremes issue a unanimous decision. That, in and of itself, is a smackdown. We very rarely agree with Justice Ginsburg. But, ya gotta give credit where credit is due…and it is here. The lunatics at the 9th CIRCUS Court of Appeals in San Francisco (go figure) are the most overturned federal appeals circuit court. President Trump is desperately trying to get a few quality judges on that bench before he leaves office.
The United States Supreme Court ruled on Friday against pausing the Trump administration’s policy that requires would-be immigrants to be self-sufficient so they do not become a “public charge.” Pro-migration media outlets, including Law360, regularly refer to the policy as “a wealth test for immigrants:” In a one-sentence decision, the high court denied a request by New York state, New York City, Vermont and Connecticut that would temporarily lift or modify a stay of a nationwide injunction that would block the public charge rule from going into effect. The order does not preclude a filing in the district court “as counsel considers appropriate,” the high court said. In a separate appeal before the Supreme Court on Friday, the high court also refused to issue a stay that would lift a similar injunction blocking the public charge rule in Illinois. Again, the Supreme Court clarified that the order does not bar the state from filing a request in the district court. The U.S. Department of Homeland Security announced in August that an application for a green card to allow migrants to live legally in the United States would include information about said migrants economic independence. The high court gave the DHS a green light earlier this year to carry out the new immigration rule, even though five federal court orders claimed the rule could be “illegal.”
This is GREAT news!! Kudos to the Supremes for this, however temporary, decision. Its a HUGE win for American citizens at a time when we cannot afford to be the world’s welfare state. We’re TRILLIONS in debt, and getting worse by the day. AND, we have over 20 MILLION Americans out of work due to this Wuhan virus crisis. So, when we lift the current immigration moratorium, we need to have some sort of screening of potential immigrants who want to come to America to see if they have any skills that can benefit America’s economy…OR, if they’ll be just another welfare drain who we-the-actual-taxpayers will have to support indefinitely. It is perfectly reasonable to ask such questions and insist that those who come are able to be self-sufficient, and not just enter and start collecting freebies that the rest of us are forced to pay for. Coming to America is a privilege; NOT a right, as many so-called “immigration activists” would have you believe.