Trump Judges Are Already Thwarting Biden’s Agenda

Well, that didn’t take long. Just six days after the start of the Biden administration, the federal courts, piled with judges appointed by Donald Trump and sustained by the Senate by Mitch McConnell, thwarted part of the new president’s agenda. I could say “I told you” because I did.

The first strike was perhaps predictable against Biden’s immigration platform. On the day of the inauguration, the acting secretary of the Ministry of Homeland Security issued an order suspending most deportations for 100 days. The order was not radical; The policy on who can be removed has not changed. The aim was simply to prevent the government from getting as many people out of the country as quickly as possible while the new government tries to figure out which deportations should take precedence and whether the deportees are going through due process against anything got the hell what Trump did.

The arrangement was intelligently designed to avoid judicial review. It did this through frame the “break” not as a policy change, but as a “review of policies and practices” to “concentrate department resources where they are most needed”. These are all logistical and clerical tasks that are directly the responsibility of the executive branch.

But such small concerns as “how the government actually works” don’t matter to Trump judges or Trump-focused attorneys general. Texas AG Ken Paxton, last seen trying to reverse the 2020 election results with one of the most ridiculous lawsuits I have ever seen a federal judge issue a nationwide injunction against Biden’s deportation pause. Paxton, under investigation for bribery and abuse of power, argued that the DHS was in the final days of Trump’s tenure signed an agreement promises to make any policy changes from him.

For the recording, DHS does not need to ask Paxton for permission to enforce or not enforce its own rules, nor does it need to ask Paxton for permission to use the bathroom. The Texas Attorney General is not a hall monitor.

Still, Paxton’s motion for a statewide injunction to lift Biden’s hiatus was approved by U.S. District Judge Drew Tipton on Tuesday. Tipton is a Trump agent who has been a judge for just under six months. He ruled that Texas was ready to sue the Biden government (which is wrong). He also ruled that DHS likely exceeded its powers by implementing the hiatus – which is both wrong and ridiculous given the Supreme Court’s decision in the DACA case last year, which affirmed the executive’s broad power to determine who should be deported and when I have to go. At the slateMark Joseph Stern went into detail on Tipton’s “bizarre decision” and wrote: “Tipton does not seem to have a rudimentary understanding of immigration law or the practical realities of the immigration system.”

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