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Sotomayor accuses Supreme Court of bias in favor of Trump administration

Charlemagne

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February 22, 2020 - 01:25 PM EST

Sotomayor accuses Supreme Court of bias in favor of Trump administration

BY J. EDWARD MORENO

Supreme Court Justice Sonia Sotomayor issued a dissenting opinion Friday accusing her conservative colleagues of having a bias toward the Trump administration after the court voted to 5–4 to uphold the administration’s public charge rule, which critics call a “wealth test” for legal immigrants.

“Today’s decision follows a now-familiar pattern,” Sotomayor began. “The Government seeks emergency relief from this Court, asking it to grant a stay where two lower courts have not. The Government insists—even though review in a court of appeals is imminent—that it will suffer irreparable harm if this Court does not grant a stay. And the Court yields.”

The policy in question, the Immigration and Nationality Act, makes immigrants who are “likely at any time to become a public charge” ineligible for green cards. The policy virtually bars legal immigrants from using public assistance, including Medicaid, housing vouchers and food stamps. The five conservative justices ruled in favor of the stay, while the liberal justices — including Sotomayor — opposed it.

In the case, Wolf v. Cook County, a U.S. district court issued a preliminary injunction blocking implementation of the policy in Illinois. The Supreme Court had previously voted 5-4 in January to lift a nationwide injunction imposed by a federal judge in New York while the case played out in appeals court. Last week, Solicitor General Noel Francisco sent a request asking the court to do the same for the Illinois injunction.

Sotomayor said the court has not looked at this case, as well as other appeals of the administration's policies, objectively and is quick to rule in favor of President Trump.

“This Court is partly to blame for the breakdown in the appellate process,” Sotomayor, an Obama appointee, wrote. “That is because the Court—in this case, the New York cases, and many others—has been all too quick to grant the Government’s 'reflexiv[e]' requests. But make no mistake: Such a shift in the Court’s own behavior comes at a cost.”

“I fear that this disparity in treatment erodes the fair and balanced decisionmaking process that this Court must strive to protect,” Sotomayor concluded.

https://thehill.com/legal/484195-sotomayor-accuses-supreme-court-of-bias-toward-trump-administration
 

Knuckle Ball

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Oct 15, 2017
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The Supreme Court’s credibility as an institution is rapidly eroding.
 

Dutch Oven

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Feb 12, 2019
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February 22, 2020 - 01:25 PM EST

Sotomayor accuses Supreme Court of bias in favor of Trump administration

BY J. EDWARD MORENO

Supreme Court Justice Sonia Sotomayor issued a dissenting opinion Friday accusing her conservative colleagues of having a bias toward the Trump administration after the court voted to 5–4 to uphold the administration’s public charge rule, which critics call a “wealth test” for legal immigrants.

“Today’s decision follows a now-familiar pattern,” Sotomayor began. “The Government seeks emergency relief from this Court, asking it to grant a stay where two lower courts have not. The Government insists—even though review in a court of appeals is imminent—that it will suffer irreparable harm if this Court does not grant a stay. And the Court yields.”

The policy in question, the Immigration and Nationality Act, makes immigrants who are “likely at any time to become a public charge” ineligible for green cards. The policy virtually bars legal immigrants from using public assistance, including Medicaid, housing vouchers and food stamps. The five conservative justices ruled in favor of the stay, while the liberal justices — including Sotomayor — opposed it.

In the case, Wolf v. Cook County, a U.S. district court issued a preliminary injunction blocking implementation of the policy in Illinois. The Supreme Court had previously voted 5-4 in January to lift a nationwide injunction imposed by a federal judge in New York while the case played out in appeals court. Last week, Solicitor General Noel Francisco sent a request asking the court to do the same for the Illinois injunction.

Sotomayor said the court has not looked at this case, as well as other appeals of the administration's policies, objectively and is quick to rule in favor of President Trump.

“This Court is partly to blame for the breakdown in the appellate process,” Sotomayor, an Obama appointee, wrote. “That is because the Court—in this case, the New York cases, and many others—has been all too quick to grant the Government’s 'reflexiv[e]' requests. But make no mistake: Such a shift in the Court’s own behavior comes at a cost.”

“I fear that this disparity in treatment erodes the fair and balanced decisionmaking process that this Court must strive to protect,” Sotomayor concluded.

https://thehill.com/legal/484195-sotomayor-accuses-supreme-court-of-bias-toward-trump-administration
A lot of complaining about the results in these cases, but not too much reasoning about why the majority is wrong in law. She should have stuck to the latter. Judges who judge based on their desired results are what compromise public trust in the judiciary. The fact that she is keeping score tells you everything about her own approach to "fair and balanced". It's not based on the merits of the reasoning of the court, but rather just on how many times her side won. If she cant handle being on the losing side of the court, maybe its time to step down, because she's likely to find herself in the dissent for a long time.
 

jcpro

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A lot of complaining about the results in these cases, but not too much reasoning about why the majority is wrong in law. She should have stuck to the latter. Judges who judge based on their desired results are what compromise public trust in the judiciary. The fact that she is keeping score tells you everything about her own approach to "fair and balanced". It's not based on the merits of the reasoning of the court, but rather just on how many times her side won. If she cant handle being on the losing side of the court, maybe its time to step down, because she's likely to find herself in the dissent for a long time.
And what did you expect from the affirmative action appointment?
 

WyattEarp

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May 17, 2017
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I'm curious. What is the policy for those seeking to immigrate to Canada?

By the way, what U.S. law or right has been violated by the Administration's immigration policy? Frank? anyone?
 

K Douglas

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Room 112
The U.S. is finally taking control of their immigration process doing what many other countries do - implementing a points system. The left is up in arms - their voter base is dwindling.
 

Frankfooter

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The U.S. is finally taking control of their immigration process doing what many other countries do - implementing a points system. The left is up in arms - their voter base is dwindling.
Demographically, its uneducated white males that are in decline, not the left.
Trump's base is shrinking every year.
 

WyattEarp

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May 17, 2017
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Demographically, its uneducated white males that are in decline, not the left.
Trump's base is shrinking every year.
I know a lot of Hispanic males (and women) who are far more conservative than me. Identity politics tends to dissolve with prosperity.
 

Frankfooter

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I know a lot of Hispanic males (and women) who are far more conservative then me. Identity politics tends to dissolve with prosperity.
Will conservative Hispanics vote for a racist who calls Mexican's 'rapists and criminals'?
 

jcpro

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Will conservative Hispanics vote for a racist who calls Mexican's 'rapists and criminals'?
Yes because not all Hispanics are Mexicans and a lot of legal Mexicans feel exactly like the rest of Americans about the illegal invasion. Normal people don't consider enforcement of the immigration laws "racist".
 

Dutch Oven

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Will conservative Hispanics vote for a racist who calls Mexican's 'rapists and criminals'?
Hispanics who know full well that some of the Mexicans entering the US illegally are rapists and criminals, and that their presence is more of a problem within the Hispanic community than anywhere else, will.
 

Frankfooter

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Yes because not all Hispanics are Mexicans and a lot of legal Mexicans feel exactly like the rest of Americans about the illegal invasion. Normal people don't consider enforcement of the immigration laws "racist".
Hispanics who know full well that some of the Mexicans entering the US illegally are rapists and criminals, and that their presence is more of a problem within the Hispanic community than anywhere else, will.
Most Americans recognize Trump and his policies as racist.
And that is particularly true with the groups that experience his racism.
You guys are clueless.
 

WyattEarp

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May 17, 2017
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Most Americans recognize Trump and his policies as racist.
And that is particularly true with the groups that experience his racism.
You guys are clueless.
Why? because your news outlet of choice told you so?
 

Dutch Oven

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Feb 12, 2019
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Most Americans recognize Trump and his policies as racist.
And that is particularly true with the groups that experience his racism.
You guys are clueless.
Funny stuff! Which "Americans" have experienced the racism of Trump's policies? The foreign nationals who have been unable to enter the US under his travel ban or revised refugee processing policy? Those "Americans"? The illegal immigrants Trump wants ICE to deport? The illegal immigrants commiting crimes that Trump speaks out against? LOL!

I don't believe you either actually know many Americans or have travelled to many parts of the US. Not only do you lack clues, you aren't prepared to go where you would have to go to find them. (Hint - they won't be found in the pages of Salon or on CNN).
 

Frankfooter

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Apr 10, 2015
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Funny stuff! Which "Americans" have experienced the racism of Trump's policies? The foreign nationals who have been unable to enter the US under his travel ban or revised refugee processing policy? Those "Americans"? The illegal immigrants Trump wants ICE to deport? The illegal immigrants commiting crimes that Trump speaks out against? LOL!

I don't believe you either actually know many Americans or have travelled to many parts of the US. Not only do you lack clues, you aren't prepared to go where you would have to go to find them. (Hint - they won't be found in the pages of Salon or on CNN).
8 in 10 black voters say Trump is racist, new poll shows
https://www.cnn.com/2020/01/17/politics/black-voters-trump-poll/index.html

And

More than half of Americans, including large majorities of blacks and Hispanics, think President Donald Trump is a racist. More than half think his policies have made things worse for Hispanics and Muslims, and nearly half say they’ve made things worse for African Americans.

According to a new poll by The Associated Press-NORC Center for Public Affairs Research, 57 percent of Americans think Trump’s policies have been bad for Muslims, and 56 percent think they’ve been bad for Hispanics. Forty-seven percent, including three-quarters of blacks, think they’ve been bad for African Americans.

Fifty-seven percent of all adults, including more than 8 in 10 blacks, three-quarters of Hispanics and nearly half of whites, said they think Trump is racist. Eighty-five percent of Democrats consider Trump racist, but just 21 percent of Republicans agree.
https://1069thefox.com/news/030030-poll-most-americans-say-trump-is-racist/
 

WyattEarp

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May 17, 2017
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8 in 10 black voters say Trump is racist, new poll shows
It's likely pollsters could have coaxed the same result for Romney in 2012. Isn't it obvious that over 90% African-Americans consistently vote for the Democratic Presidential candidate?

So while you think this poll tells us something, it doesn't tell us what you believe. It tells us that the Democrats have to defend over 90% of the Black vote with 80% a sure thing. If Trump improves just a few per cent on his 2016 number of 8%, it's a big problem for Democrats.

So let me do that math for you Frank. 8 in 10 Black voters can still believe he is a racist while 1 in 10 Blacks voting for Trump could tilt the election.
 

Frankfooter

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Apr 10, 2015
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It's likely pollsters could have coaxed the same result for Romney in 2012. Isn't it obvious that over 90% African-Americans consistently vote for the Democratic Presidential candidate?

So while you think this poll tells us something, it doesn't tell us what you believe. It tells us that the Democrats have to defend over 90% of the Black vote with 80% a sure thing. If Trump improves just a few per cent on his 2016 number of 8%, it's a big problem for Democrats.

So let me do that math for you Frank. 8 in 10 Black voters can still believe he is a racist while 1 in 10 Blacks voting for Trump could tilt the election.
Your math is very Trump like.
 

WyattEarp

Well-known member
May 17, 2017
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Your math is very Trump like.
Frank, you and I know the Dems need well over 90% of the Black vote just to stay in the same place. Tell me how that math doesn't make sense?

Here's a tip: when I post or respond to a headline I try to think through the meaning of the headline and how one might respond.
 
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