BOOM! TRUMP APPOINTED JUDGES THROTTLES DEEP STATE
POWER GRAB, By Steven Ahle, 12/31/18.
In what started out as being a simple
deportation case, has now become a major driver for reducing the power of the Deep State and three
judges, all appointed by President Trump are in the very thick of it.
Jasso Arangure is a lawful permanent
resident (LPR, or green-card holder) who was convicted of home invasion in Michigan. That is a felony and considered
a violent crime, that makes him eligible for deportation. He was being deported
due to the Immigration and Nationality Act (INA), which holds that a
violent crime makes a permanent illegal eligible for deportation.
The problem is that judges have
previously outsourced their mandate to interpret law to federal agencies, where
Deep State bureaucrats would decide what the ruling should be. In that way,
they could prevent violent foreigners from deportation. A recent three judge
panel on the 6th Circuit Court of Appeals found that it’s the judges job to
interpret law, not the Bureaucrats.
All three judges were appointed by
President Trump. In their decision, they quoted a fourth judge, also appointed
by Trump.
From Breitbart News: “Courts have always
had an emphatic duty to say what the law is,” Thapar began for the Cincinnati-based
appeals court, quoting the Supreme Court’s historic Marbury v.
Madison case. He continued:
When dealing with agencies, this abdication by ambiguity is even more
tempting—and even more problematic. Because, under Chevron, ambiguity means courts get to outsource their “emphatic” duty by
deferring to an agency’s interpretation. But all too often, courts abdicate this
duty by rushing to find statutes ambiguous, rather than performing a full
interpretive analysis.
“This abdication by ambiguity impermissibly expands on
already-questionable Chevron doctrine,” the Trump judges continued, going to on quote yet another Trump
appointee, Judge James Ho of the Fifth Circuit, who likewise criticized Chevron.
The three Trump appointed judges
are Amul Thapar, John Bush, and John Nalbandian. Thapar actually took the
argument further to include still another deference doctrine, Auer deference. That is about
the interpretation of regulatory decisions, which the courts have also
outsourced to the Deep State. The Auer deference has been accepted for review
by the Supreme Court and is likely to get thrown out. Two SCOTUS judges
appointed by Trump, Gorsuch and Kavanaugh have been huge critics of the Auer.
History will look back and say that one
of the best moves made by President Trump is the return of the courts as the
decider in cases rather than the Deep State. This is huge.
Norb Leahy, Dunwoody
GA Tea Party Leader
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