Quote:
A federal judge appointed by former President Joe Biden on Thursday again ruled against the Trump administration's third-country deportation policy, months after the Supreme Court blocked his earlier decision and rebuked him in a rare follow-up order.
The Supreme Court not only stayed Boston-based Judge Brian Murphy's injunction over the same deportation policy in a 6-3 order last June, but the high court followed up with a second 7-2 order a week later admonishing the judge for flouting its decision. Murphy's latest ruling is also likely to land before the justices, setting up a fresh test of the judge's decisions in the high-stakes case.
Murphy, who was confirmed by the Senate along party lines, had issued a sweeping 81-page decision on Thursday finding that the Department of Homeland Security's process for deporting migrants to third countries (countries that are not specified in the migrants' removal orders) was unlawful because it violated the migrants' due process by not giving them enough time to raise fears that they could be tortured in the country they are sent to.
Murphy's decision came after the judge last year issued a preliminary injunction that also blocked DHS from deporting migrants to third countries under the department's current protocols. The Supreme Court's order in June halted that decision, but, pointing to a technicality, Murphy said that a separate subsequent ruling he made on May 21 specifically addressing six migrants bound for South Sudan was still "in full force and effect" despite the high court's stay.
The judge's move led the Department of Justice to ask the Supreme Court for clarification, and the high court responded by issuing its follow-up 7-2 opinion saying Murphy could not block DHS from deporting the six migrants.
"Our June 23 order stayed the April 18 preliminary injunction in full. The May 21 remedial order cannot now be used to enforce an injunction that our stay rendered unenforceable," the Supreme Court's majority wrote.
In an unusual move, the majority also noted that if the government needed further help to stop Murphy's interference, it could seek a writ of mandamus, a rare legal tool used by a higher court to force a lower court judge to follow the law.
https://www.foxnews.com/politics/biden-appointed-judge-who-slapped-down-trump-deportation-policy-previously-rebuked-scotus
This judge has already been slapped down twice by the Supreme Court, but like every activist that Obama and Biden put on the federal bench, he simply doesn't care. He is just trying to gum up the works as much as possible.
When SCOTUS slaps him down yet again, he'll just issue another injunction knowing it will take months to get back to the high court once more.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill