Overall good piece on Kris Kobach’s incompetence. A few puzzling lines though. https://www.nationalreview.com/2020/08/kris-kobach-is-an-incompetent-loser-who-loses-and-that-is-why-democrats-want-him/ …pic.twitter.com/zfvfN51psU
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How so? There is a pretty clear bias against restrictive immigration *policies* in cases challenging the policies, and in some ways I suspect it is exacerbated by the fact that federal courts are so relentlessly harsh in enforcing immigration laws in individual cases.
Trump v. Hawaii ruled that the president can block any immigrant or any group of immigrants if he deems him/them detrimental to the interests of the US. No evidence required & there is no limiting principle in the decision. That trumps everything.
One, most of these cases are decided in the lower federal courts (where that policy got rough treatment). Two, Trump v Hawaii involved a very longstanding federal statutory delegation by Congress.
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