The United States Supreme Court sided with the Trump administration on Wednesday in the legal fight over its restrictive policy requiring Central American asylum seekers to apply for asylum in Mexico first before attempting to do so in the U.S.
Under the rule, migrants from El Salvador, Honduras, and Guatemala will automatically be denied asylum in the U.S. unless their applications for asylum in Mexico are rejected.
The Supreme Court’s ruling temporarily allows the policy to go into effect while the Trump administration deals with other legal challenges against the requirement.
Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented, writing that court’s decision disregards “longstanding practices regarding refugees who seek shelter from persecution.”
This is the Court’s opinion in its entirety – Sotomayor’s dissent is much longer:
“The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. The district court’s July 24, 2019 order granting a preliminary injunction and September 9, 2019 order restoring the nationwide scope of the injunction are stayed in full pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.”
So the decision is just a grant of a stay pending appeal. Apparently the AG has not yet filed a petition for cert., although I assume that will come. I could not tell from the opinion whether all 9 justices participated in the decision.
Come on some legal expert convince me that our SCOTUS is not a shitshow of activist from the conservative nominated and confirmed by the GOP and it’s good ol’ message from the new deal civil rights era john birch, we are originalist, we only see the constitution as “dead, dead, dead” and its those activist are the only problem.
They have spent decades and billions make their base just as activist, just as fired up and connected, just as financed to support rules and policy that serves the interest of the wealthy, the rich, the nepotists, the authority, against and over each and every single individual american. These are not laws that favor the rights of the individual, they preserve the right of the mighty whether it be by money or status over those americans who do not societaly sit at the same level.
It is clear that they are not interested in righting wrongs but merely propping up a system which supports their church, their perspective, their “culture”, their americans not all americans.
Whatever happened to “Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters, irrespective of such alien’s status, may apply for asylum in accordance with this section.”? (8 US Code §1158)
The only legitimately applicable exception is removal to a safe third country and Mexico has refused the US request to be designated as a safe third country. That leaves Guatemala, but the Court said the asylum seekers have to stay in Mexico.
“If their applications for asylum in Mexico are rejected, the rule requires them to bring Trump the Wicked Mitch’s broomstick. If they somehow manage that, the rule requires them to destroy all seven of Stephen Miller’s horcruxes. If they additionally manage that, the rule requires them to retrieve a larval endoparasitoid from Kellyanne’s subterranean lair, survive the taco bowl from Trump Tower, AND correctly give the airspeed velocity of an unladen swallow (African or European). Unless they’re white.”
Fucking pieces of shit.
Do we need 60 votes in the Senate to expand the Supreme Court?