The Democrats suffered another crushing defeat at the Supreme Court in a late Friday night decision.
The decision was over public charge immigration and Justice Sonia Sotomayor was furious with the conservative majority on the court.
She wrote a blistering dissent that gives away the panic the left has as they have seen Trump and McConnell flip court systems across the land. For the next generation.
From The Free Beacon: “Claiming one emergency after another, the government has recently sought stays in an unprecedented number of cases, demanding immediate attention and consuming limited Court resources in each,” Sotomayor wrote. “And with each successive application, of course, its cries of urgency ring increasingly hollow.”
“It is hard to say what is more troubling: that the government would seek this extraordinary relief seemingly as a matter of course, or that the Court would grant it,” she wrote.
The Supreme Court blocked two nationwide injunctions from New York that barred enforcement of the new policy on Jan. 27. One final injunction, which applied in the state of Illinois, remained in effect after that decision.
The government filed an emergency stay application asking the justices to lift the Illinois injunction on Feb. 13. The Court’s Friday order means the government can enforce the rule in Illinois—which has almost 2 million immigrants—while litigation continues.
Sotomayor compared the conservative majority’s approach to the government’s stay applications with those brought by death row inmates. She accused the Court of showing greater solicitude for Trump than convicts on the brink of execution.
The government must show it will suffer irreparable harm to obtain an emergency stay. As Sotomayor saw Friday’s case, the only consequence to the government was a temporary inability to enforce its policy. The consequence facing capital convicts, on the other hand, is death, she argued.
“I fear that this disparity in treatment erodes the fair and balanced decision-making process that this Court must strive to protect,” Sotomayor added.
She also needled the government for changing its own definition of irreparable harm. The government asked the Court to lift the New York injunctions because of their nationwide scope. Here, the injunction is of a much smaller scale.
“The government’s professed harm, therefore, boils down to an inability to enforce its immigration goals, possibly in only the immediate term, in one of 50 states,” she wrote.
Last night the Supreme Court lifted the last remaining injunction barring enforcement of the public charge rule, which withholds green cards from migrants dependent on government aid. The real story was Justice Sotomayor's ferocious dissent. #SCOTUS
— Kevin Daley 🏛 (@KevinDaleyDC) February 22, 2020
Justice Sotomayor issues important dissent. The Trump administration is increasingly leapfrogging over the appellate court to achieve its desired outcome from a Supreme Court that is inclined to rubberstamp the government’s goals.
A growing threat to the integrity of the courts. pic.twitter.com/w15IyDhxj0
— Kristen Clarke (@KristenClarkeJD) February 22, 2020