LUIS SAENZ SUFFERS MAJOR LOSS AT SUPREME COURT
On Luis Saenz in a case against his office, Guterrez v. Saenz, the Supreme Court opened the door to make it easier for criminal defendants to sue him for violating their civil rights. Lawyers who practice in this area will see this as a major victory for criminal defendants. In the case of Saenz because in the John Doe case I warned him there was no case well before any indictment his immunity is only qualified. On the issue of an injunction to stop his malicious prosecution of John Doe his has no immunity. Under the civil rights law John Doe can obtain an emergency injunction.
The case actually came down yesterday, but I have a life and sometimes I just give myself a break. Also, there was nothing on the Supreme Court calendar yesterday to indicate they were going to issue any rulings.
In consulting with John Doe's family, they still want this to end now. Only Saenz can end this mess today.
TRUMP LOSES ON BIRTHRIGHT CITIZENSHIP WHILE THE SUPREME COURT MAKES A MESS OF NATIONAL INJUNCTIONS
I had hoped the Supreme Court would limit national injunctions to constitutional questions, but they did not. Trump lost on the birthright issue. The Court left no doubt the injunctions against taking action against anyone who has sued remains in place. But then they said to the extent the injunction applies to people who have not sued the injunction falls.
What the Supreme Court has in fact done is ensure federal courts will be flooded with thousands upon thousands of new lawsuits. This is what happens when politics play into the decision.
So now every person born in the US to undocumented parents can sue and get an injunction against Trump. The trial judges will look to today's opinion and issue the injunctions. Maybe the trial judges will be smart and generate a form order to issue with each lawsuit.
THE COURT SHOULD HAVE ALLOWED NATIONAL INJUNCTIONS ON CONSTITUTIONAL ISSUES
On a general federal law, a national injunction does not work. The law, especially criminal laws, may only apply to a handful of people. There is no reason to go beyond the individual defendant. But an Executive Order, which is unconstitutional is a legal nullity. It does not serve our Republic to allow an Executive Order which the lower courts find to be unconstitutional to have to be litigated judicial district by judicial district. Such a policy offends the Republic and ensures the most wasteful use of our resources. Trump gets nothing from this opinion except forcing civil rights organization to file thousands and thousands of lawsuits.
TRUMP DOES GET ONE THING
Jane Doe files a lawsuit saying she was born in the US to undocumented parents and is entitled to protection. the trial court will agree. But now ICE knows Jane Doe's parents are undocumented and may search them out. I believe this is what Trump has wanted all along.
But I say let civil rights groups file thousands of lawsuits within the next month and let the stupidity of not allowing for national injunctions of constitutional issues fall where it may.
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