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Thread: Another Ninth Circuit Reversal

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    Quote Originally Posted by countryboy View Post
    Get a clue ya fucking POE.
    Is that clue you're a coward? It's been clear since day 1 and your post further proves it. It's not about me knowing that you hide. It's about you hiding like a pussy.

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    Quote Originally Posted by CFM View Post
    Obama argued it wasn't a tax. Where was he when the Court upheld it as a tax saying they were wrong?
    Of course he did, but Roberts defined it as such legally providing an out for Trump and the GOP, its existence today is Trump's fault not Roberts

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    Quote Originally Posted by CFM View Post
    I see you haven't learned your place in society. You'll do what you're told by your superiors and find a way to like it, BOY.
    It is always a comedy when someone acts the tough guy on an anonymous vehicle, usually signifys a Napolean complex at work, forget it pal, if you don't have content to offer, don't bother, the other just makes you look silly

    Want to try addressing the two questions I proposed now?

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    Quote Originally Posted by archives View Post
    Of course he did, but Roberts defined it as such legally providing an out for Trump and the GOP, its existence today is Trump's fault not Roberts
    It provided a way for the nigger to stand up for what he had said. Not doing so proves he's dishonorable. There you go blaming it on a white President's administration when the black one failed to do anything about what he said wasn't a tax.

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    Quote Originally Posted by archives View Post
    It is always a comedy when someone acts the tough guy on an anonymous vehicle, usually signifys a Napolean complex at work, forget it pal, if you don't have content to offer, don't bother, the other just makes you look silly

    Want to try addressing the two questions I proposed now?
    I offered the only content that matters. You took the bait just like a good little boy.

    Get back to kissing nigger ass. It's the only thing you seem to be good at.

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    Quote Originally Posted by CFM View Post
    Is that clue you're a coward? It's been clear since day 1 and your post further proves it. It's not about me knowing that you hide. It's about you hiding like a pussy.
    Hold the negativity , take a breath AMERICA is split . Everybody has the 1st ammendment & second . People call names & at some point throw a rock , hit with a club or shoot the fool . Either way talk to each other with respect or expect to pay dearly , possibly with ones life . Or worse once said , it's hard or impossible to take it back or say sorry !!!

    Sent from my LGMS550 using Tapatalk

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    Quote Originally Posted by CFM View Post
    I offered the only content that matters. You took the bait just like a good little boy.

    Get back to kissing nigger ass. It's the only thing you seem to be good at.
    How come I'm not surprised

    Next

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    Quote Originally Posted by BillyB View Post
    Hold the negativity , take a breath AMERICA is split . Everybody has the 1st ammendment & second . People call names & at some point throw a rock , hit with a club or shoot the fool . Either way talk to each other with respect or expect to pay dearly , possibly with ones life . Or worse once said , it's hard or impossible to take it back or say sorry !!!

    Sent from my LGMS550 using Tapatalk
    Not real sure what you're calling negative.

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    Quote Originally Posted by archives View Post
    How come I'm not surprised

    Next
    No one is surprised at what you do. You've been doing it since before 2008.

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    Quote Originally Posted by anatta View Post
    The Supreme Court reversed the Ninth Circuit Court of Appeals again Tuesday in an immigration case that turned on a clear-cut question of statutory interpretation. While the 5-4 conservative majority read the law as it was written, the Court’s liberals would have overruled Congress.

    Federal immigration law generally authorizes the Secretary of Homeland Security to detain “deportable” immigrants with the discretion to release them on bond or parole if they don’t endanger the public. Congress in 1996 limited executive discretion and required the government to detain immigrants who have committed certain crimes or have links to terrorism “when [they are] released” from prison or jail.

    In Nielsen v. Preap, plaintiffs argued that if the government does not detain the criminal immigrants immediately upon their release—that is, the day they leave jail—they are entitled to a bond or parole hearing. Immigration officials didn’t detain the lead plaintiff until 2013, seven years after being released from criminal custody. The case is especially ripe since sanctuary cities often don’t inform federal authorities when they release criminal immigrants.

    Siding with the plaintiffs, the Ninth Circuit twisted itself into knots to rule against the Trump Administration. But as Justice Samuel Alito observed in the majority decision, the Ninth Circuit’s ruling “misreads the structure” of the law and would result in all kinds of legal absurdities.

    “It would be ridiculous to read paragraph (1) as saying: ‘The Secretary must arrest, upon their release from jail, a particular subset of criminal aliens. Which ones? Only those who are arrested upon their release from jail,’” Justice Alito noted, adding that “The mandatory-detention scheme [favored by the Ninth Circuit] would be gentler on terrorists than it is on garden-variety offenders.”

    Or as Justice Brett Kavanaugh explained in his pithy concurrence: “It would be odd, in my view, if the Act (1) mandated detention of particular noncitizens because the noncitizens posed such a serious risk of danger or flight that they must be detained during their removal proceedings, but (2) nonetheless allowed the noncitizens to remain free during their removal proceedings if the Executive Branch failed to immediately detain them upon their release from criminal custody.”

    Although the case involved a narrow statutory question, the Court’s four liberals quibbled about the law’s policy implications on the nation’s “values.” For instance, what if immigrants were detained years after being released from police custody and have “established families and put down roots in a community”? The Court’s job isn’t to substitute its policy judgments for those of Congress.
    https://outline.com/wx7xte
    Why is it all of you fools on the right ignore the reality that the Court ordered that Preap be given a deportation hearing, and that Preap won in the hearing?
    "2Timothy 3 "But know this, that in the last days perilous times will come: For men will be lovers of themselves, lovers of money, boasters, proud, blasphemers, disobedient to parents, unthankful, unholy, unloving, unforgiving, slanderers, without self-control, brutal, despisers of good, traitors, headstrong, haughty, lovers of pleasure rather than lovers of God, having a form of godliness but denying its power. And from such people turn away"

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    n Tuesday the Supreme Court ruled in favor of the Trump administration in Nielsen v. Preap, allowing the Department of Homeland Security to detain illegal aliens without bond while awaiting deportation for committing crimes within our borders. The decision reversed a ruling by the Ninth Circuit Court of Appeals. It was authored by Justice Samuel Alito, who was joined by Chief Justice John Roberts as well as Justices Thomas, Gorsuch, and Kavanaugh. The ruling involved a class-action lawsuit brought on behalf of various resident aliens, including a few with Green Cards, convicted of crimes for which U.S. law mandates deportation.

    The respondents challenged the Trump administration’s interpretation of the Immigration and Nationality Act, which requires DHS to take any alien convicted of a deportable crime into custody “whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.” The American Civil Liberties Union (ACLU) argued the case for the immigrants and insisted that the offender must be taken into custody immediately upon release from prison (after serving his sentence for the original crime). Justice Alito disposes of that spurious claim as follows:

    Especially hard to swallow is respondents’ insistence that for an alien to be subject to mandatory detention under §1226(c), the alien must be arrested on the day he walks out of jail (though respondents allow that it need not be at the jailhouse door—the “parking lot” or “bus stop” would do).… Even if subsection (c) were the only font of authority to detain aliens without bond hearings, we could not read its “when … released” clause to defeat officials’ duty to impose such mandatory detention when it comes to aliens who are arrested well after their release.

    In other words, the authority to detain aliens who have committed any of the clearly delineated category of crimes covered by the statute does not rest solely on the provision relied upon by the ACLU’s attorneys, and no reasonable interpretation of that provision leads to their “when … released” argument. Justice Alito also makes it clear that the ACLU lawyers have not really attempted to interpret the text reasonably. Instead of demonstrating that the statute supports their argument, they attempt to muddle the plain text of the statute, as well as its relevant provision, by reinventing the rules of English grammar. Alito calls them out thus:

    Respondents contend that an adverb can “describe” a person even though it cannot modify the noun used to denote that person, but this Court’s interpretation is not dependent on a rule of grammar.… The grammar merely complements what is conclusive here: the meaning of “described” as it appears in §1226(c)(2).… That is the relevant definition…



    If your eyes are bleeding after perusing the above passage, this is what separates the first and second string players in the judicial “bigs.” The basic point Alito is making here is that the text of the statute means what it says, and no amount of grammatical Jiu Jitsu will change that meaning. He goes on to point out that, even if the ACLU’s “when… released” argument could be justified by the actual text of the law, it would by no means relieve the Department of Homeland Security of its duty to arrest the offender:

    Or more precisely, a statutory rule that officials “‘shall’ act within a specified time” does not by itself “preclud[e] action later.”

    Not all the justices took this view, of course. The position of the minority was laid out in a dissent written by Justice Stephen Breyer, who focused on the rights of the aliens impacted by Tuesday’s ruling. He placed particular emphasis on depriving any “person” of “liberty” without “due process of law.” But, while noncitizens do have some constitutional rights, they don’t enjoy all the rights of U.S. citizens. And they are certainly subject to our immigration laws. Breyer nonetheless opined that the Court should have given far more consideration to the basic promises that America’s legal system has long made to all “persons.” He continued thus:

    I would have thought that Congress meant to adhere to these values and did not intend to allow the Government to apprehend persons years after their release from prison and hold them indefinitely without a bail hearing. In my view, the Court should interpret the words of this statute to reflect Congress’ likely intent, an intent that is consistent with our basic values.… I fear that the Court’s contrary interpretation will work serious harm to the principles for which American law has long stood.

    One could hardly ask for a better example of what’s wrong with liberal jurisprudence. It isn’t the Supreme Court’s job to reflect on the “likely intent” of Congress. The justices can determine the intent of that body by reading the words our representatives put in the laws Congress passes. The intent of the Immigration and Nationality Act can be found in its text. This is why every conservative in the nation should be grateful for the outcome of 2016. Donald Trump is the reason Justices Gorsuch and Kavanaugh are on the Court. Imagine how Nielsen v. Preap would have been decided if SCOTUS had been dominated by people who think like Breyer.
    https://spectator.org/scotus-gives-t...n-immigration/

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    Quote Originally Posted by countryboy View Post
    Get a clue ya fucking POE.
    Quote Originally Posted by CFM View Post
    Is that clue you're a coward? It's been clear since day 1 and your post further proves it. It's not about me knowing that you hide. It's about you hiding like a pussy.
    Haha, the Country Boy vs the gay redneck! CFM can't handle anyone, be they urban, suburban, or rural.


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    Quote Originally Posted by Howard the Duck View Post
    Haha, the Country Boy vs the gay redneck! CFM can't handle anyone, be they urban, suburban, or rural.

    Your wife knows I'm not gay.

    You've run like a coward from a direct challenge. That proves you've been handled like the good little pussy you were born.

    Don't you have some nigger's ass to kiss.

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    Quote Originally Posted by Howard the Duck View Post
    Haha, the Country Boy vs the gay redneck! CFM can't handle anyone, be they urban, suburban, or rural.

    Don't get too excited, I have the douchebag on ignore, lol.
    Every life matters

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