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LT's avatar
12hEdited

It would seem the radical liberal left has unleashed the judiciary on the executive branch. In effect, the federal government is cannibalizing itself from within! What a country, how is our system of governance supposed to work when separate, but equal branches of government are at war with each other and openly hostile towards one another?

Yes, the left uses the judiciary to enforce nation wide TRO’s in response to policies it doesn’t agree with, but the opposite seems not to apply. In other words, why seemingly were there no legal remedies for the intentional obfuscation of enforcement of US immigration laws, thereby allowing millions of undocumented migrants into our country and in effect, “flooding the zone?”

So many times we see a race to the bottom by the left. Whether it be flooding the zone with illegals, or massive demonstrations in the streets as recently advocated by Illinois Governor, JB Pritzker. Yes, the left uses these and other tactics to intentionally overwhelm our system and openly root for the failure of our system of government!

These tactics are nothing new, have been tried before, nothing less than treachery at the highest levels and clearly Marxist in origin.

https://sliwainsights.com/saul-alinskys-12-rules-for-radicals/

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Howard Walther's avatar

Very good LT.

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J. Livingston's avatar

Cloward-Privens. Barry Soetoro's progeny learned their lessons well. Overwhelm the system with multitudes of specious legal claims in order to grind it to a halt.

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Thomas Cole's avatar

The appeals court’s comment that…”The government is likely to succeed on the merits because the district court likely lacked “subject-matter jurisdiction to enjoin USAGM’s personnel actions.”

Seems pivotal. Because that argument can and will be applied to many of these cases against the president.

Article ll describes the president “shall” “ make sure the laws are faithful executed” as a proscribed duty. And as the president does his executive actions, by a variety of means, to ensure fraud is not being committed, waste and corruption are not being suborned in the spending of the people’s money.. district courts are butting in for political aims.

This new dicta from the appeals court’s in USAGM, is pointing out the district courts lack of subject matter jurisdiction. Saying these many district courts all over the country, lack subject matter jurisdiction to enjoin executive actions. Actions that are directly proscribed by Article ll of the constitution.

In sum, a good first step towards settling the matter of district courts running the executive branch.

In the tax world there exists the tax injunction act.. where if a business or person wishes to adjudicate a tax law, they must pay first and litigate later.

We could use similar deference for the executive branch. Whose duty is to move quickly with dispatch and without interference from inferior courts, because our national security depends on potent executive power.

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Howard Walther's avatar

Thomas Cole has it correct” The government is likely to succeed on the merits because the district court likely lacked “subject-matter jurisdiction to enjoin USAGM’s personnel actions.”

Now let's brings this all back to Santa Barbara. How many Ex Parte TROs filed with NO NOTICE and lack of lawful service to litigants in the SB Court? THOUSANDS.

If there is NO NOTICE and lack of timely SERVICE, there is NO JURISDICTION.

Welcome to Santa Barbara where the law ceases to exist.

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Howard Walther's avatar

Support for no-subject-matter-jurisdiction per Thomas Coles argument>Steve Miller

https://x.com/ThomasSowell/status/1920932788003536948

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LT's avatar

Playing off today’s clever cartoon, can anyone imagine a District Court imposing a TRO halting Sherman’s march to the sea?

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Howard Walther's avatar

Well lets THINK BIG How About District Court Imposes TRO on D-Day

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LT's avatar

Do tell Howard.

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Robert's avatar

Let the system work its will. The Supreme Court will ultimately have to decide where to draw the line between Article II (presidential) powers and Article III (judicial) powers. The Supreme Court is not infallible (remember the Dred Scott decision!) but it has to play its role here. Remember also that the jurisdiction of the lower federal courts is not created by the Constitution (in fact, the lower courts are not even mentioned in the Constitution and are solely a creature of Congressional legislation.) If the Supreme Court fails to clarify the situation, Congress can step in—if it wants to. Let’s see if the system self-corrects.

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George Russell's avatar

Excellent analysis and conclusion

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J. Livingston's avatar

I propose Congress create a new 1600 Pennsylvania Avenue White House district court, that expedites all cases that name the POTUS as a primary defendant, and shall be the exclusive jurisdiction for all such cases.

Additionally, all costs and fees accrue solely to the losing plaintiffs. Bench trials only; so there is no need to draw baked-in partisan juries from the federal District of Columbia.

All limited-term SCOTUS-appointed WhiteHouse District judges shall be required annual renewal certification in constitutional law.

The "Major Questions" dialogue continues. Have at it, LibProf.

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Earl Brown's avatar

Would this mean that a POTUS as stupid as Biden be able to load a subsequent WH district court?

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J. Livingston's avatar

Make it reviewable by SCOTUS. Work in progress, just an idea to kick around to deep six this Democrat Cloward-Pivens partisan corruption of our judicial branch. Don't forget if the voters install someone like Biden ever again, and we let them win, we all do deserve what we get.

Fight, fight, fight. It is so worth it. That was the 2024 voter gut check election that Democrats are trying to over-turn right now, as we speak. Two steps forward, one step backwards. We will get there. New media has saved this country. It tapped into the real grassroots who was shut out of the political debate among "the elites"which failed us at every level.

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Earl Brown's avatar

As slick 'n quick as you are I mighta known would come up with a cool answer! :)

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Brian MacIsaac's avatar

Let’s hope the Supreme Court brings these ridiculous suits to a halt by limiting district judges to their own districts.

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LT's avatar
11hEdited

Lincoln too, was no stranger to conflicts with the Court….

https://constitutioncenter.org/amp/blog/lincoln-and-taneys-great-writ-showdown

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DLDawson's avatar

More of the same lawfare put forth by the [D] & [DS] actors, BUT with greater intensity, impacts, & implications and [they] go down in flames…

Sunlight is the best disinfectant…

https://x.com/amuse/status/1920638743104324004?s=61

PS. For those interested in keeping up with the Silent War (2nd American Revolution), here’s a link to a daily situation report…good info for those just waking up…

https://rumble.com/c/X22Report

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J. Livingston's avatar

A national dialogue opens up on many fronts: Voters and taxpayers vs government labor unions.

"Twenty-one states are urging a district court judge not to undermine the executive branch’s authority by intervening in decisions about the federal workforce, according to an amicus brief shared with the Daily Caller News Foundation.

Labor unions, local governments and nonprofits, backed by the left-wing group Democracy Forward, sued April 28 to block over 20 agencies from reducing their workforces, a process President Donald Trump initiated through a February executive order.

The states, led by Montana Attorney General Austin Knudsen, asserted an interest in the case because the plaintiffs “seek to turn the separation of powers on its head and diminish the President’s authority under Article II of the Constitution.”

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Julia Gonzales's avatar

Thank God for intelligent judges that follow the law and have common sense and stop authoritarians.

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J. Livingston's avatar

Do you still have all your mattress tags intact? )See above - Three Felonies a Day)

You betray your mission Julia, since Democrat activists only want to stop DOGE investigated waste, fraud abuse and inefficiencies.

You really just want to protect government jobs. See if you can back off from this useless perspective - government employee 100% job protections for life. Every tax dollar saved is a dollar earned. Onwards, DOGE. Rebalance the expense side of the government budget with the revenue side. All we hear from your side is more government revenue to cover more government expenses. Not a good nor compelling message, Julia.

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Thomas John's avatar

You wrote an entire post without the word 'union'. You might be getting tired this afternoon.

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LiberalProf's avatar

I guess conservatives don’t believe in the Major Questions doctrine anymore?

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J. Livingston's avatar

Yet another overly presumptuous response, Liberal Prof? Hope you don't lose sleep to keep coming up with them. SLAPP comes to mind more far more than Major Questions

Everyone's favorite legal expert WIKI fills in some background on major questions about this current organized Democrat lawfare obstruction, dare one say their insurrection mounted against the 2024 election, using the color of law and abuse of process?

WIKI:" In a typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism.

In some cases, particularly in the context of investigative journalism, repeated frivolous litigation against a defendant may raise the cost of directors and officers and other liability insurance for that party, interfering with an organization's ability to operate.

A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat.

SLAPPs bring about freedom of speech concerns due to their chilling effect and are often difficult to filter out and penalize because the plaintiffs attempt to obfuscate their intent to censor, intimidate, or silence their critics."

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LiberalProf's avatar

We are seriously going to equate legislative restrictions on behavior of the executive branch with lawsuits to stop or scare average people from exercising their legal rights? He’s the most powerful man on earth. I remember when conservatives used to believe that merited some amount of constitutional scrutiny.

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J. Livingston's avatar

Thanks LibProf, to your groups (tribe, TDS cult?) specious lawsuits because they do confirm the duly elected CEO of the US Executive Branch under the US Constitution .... is not the "most powerful person on earth."

Regardless of the drumbeat of Democrat hysteria constantly claiming this current GOP President is a "dictator". Try another line of argument. An important issue is getting forced out of the shadows of the deep state, and the end result will thankfully finally ban all government employee unions from ever infecting our constitutional form of government, ever again.

Keep at it Liberal Prof, while you continue to lose the hearts and minds of the American electorate playing these bogus "constitutional" word games. Spend your time instead solving the declining participation rates in higher education today.

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LT's avatar

In essence, legalized extortion and hostage taking.

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J. Livingston's avatar

It has long been described in the legal community as "economic lawfare". When you know up front you really have no case in court , but you still have the license to bully the other side and wear down their bank accounts. This is truly abuse of process. Vexatious litigants is another term of art. We know what they are really doing. And no one likes it.

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LT's avatar
12hEdited

Not when it is intentionally weaponized in especially environmental cases, and has created a self imposed paralysis within our federal government. Inversely, I guess liberals don’t believe in Article II anymore? What’s next, some nutty District Judge imposing a TRO against the administration in sending weaponry to Israel?

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LiberalProf's avatar

“Weaponized” is what people say when they don’t like how other people use completely legitimate rules and laws to produce an undesirable outcome.

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LT's avatar

Is that the same garage you indoctrinate your students with?

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LiberalProf's avatar

In the sense that I challenge their leftist beliefs from the same perspective, yes. Do y’all release how much Trumpism looks like Maoism? The cult is personality is ludicrous.

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LT's avatar

Let’s see, men can become women and can have babies, or how about the sky is falling environmentally and we all have 12 years to live…that cult?

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LiberalProf's avatar

Ok, not at all responsive to my point—you won’t find me defending any of that stuff, but Trump is not a conservative!

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Gerald Rounds's avatar

"Cult" is a baseless smear. How about supporters of hope and change?Trumpism is like Maoism? How close are we to the slaughter of tens of millions? Where are people being dragged out of their homes, paraded through the streets and publicly shamed at the hands of thugs as was characteristic during the Cultural Revolution? I'm curious LiberalProf, what is your field of study?............And anyone, what is SLAPP?

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Thomas John's avatar

SLAPP - Strategic Lawsuit Against Public Participation.

And I think the Maoist likeness the Prof was suggesting is not about political ideologies or outcomes, but about similar tactics.

Both are/were charismatic.

Both are anti-establishment and anti-norm. Either against elites or drain the swamp.

Both demand loyalty.

Both use symbolism. One the Red Guard - the other red hats, etc.

So similar in gaining traction, even if the ride and destination was totally different.

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J. Livingston's avatar

LibBoff, still trying to get my head around thinking a President who deliberately wants to downsize government and its foot print for the benefit of the entire country is somehow a Maoist totalitarian? Your line of argument escapes me.

But we do recognize the massive charisma gap Democrats face today that cannot compete with the current sitting President. Adelei Stevenson must have felt the same way, let alone poor Dick Nixon.

Your continued claim "Trump is a cult" that you foist on your students is educational malpractice. Why is that always your fall back position? You are missing the excellent renewal process offered by this new populist movement. A moment in history, and you intentionally keep your own intellectual blinders on. Why?

Surf it, don't fight it. It happened and your task as a "scholar" is to delve into it and relish history in the making; not selfishly condemn it.

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LT's avatar

Right you are JL and the punchline? Our students are becoming Alinsky zombies, all subsidized by our tax dollars, what could possibly go wrong!

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J. Livingston's avatar

Good time to remind readers about the book: Three Felonies a Day when Democrats suddenly cloak themselves as defenders of the faith.

Beware of federal agents checking your missing mattress tags, Liberal Prof. Or those tasked with application of the 25th Amendment to remove known incompetent and sole tender of the AutoPen, Joseph Robinette Biden, refused to acknowledge their constitutional duty and their oath of office.

....." In Three Felonies a Day, Harvey A. Silverglate reveals how federal criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior..............

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LiberalProf's avatar

That’s what the appeals courts are for!

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J. Livingston's avatar

Net result: voters continue to learn they cannot hate Democrat enough. They smell the self-serving inauthenticity.

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J. Livingston's avatar

LibProf: That is what presenting a fully developed substantive case before the courts are for. To allow full and fair participation by both sides of the question. Not this continuous jerking around their chosen victim, demanding instant TRO's for their own selfish partisan gains.

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Mrs D's avatar

Well, as I am short on time, I cannot read all of the comments. But I will say this... Whatever the outcome this will set a precedent forever. In short, I hope we win. But given that, I hope conservatives win the next (at least) 9 elections so that I can die knowing that our freedom, which wasn't free, still prevails. God bless our country. God bless President Trump. The truth shall set you free. May we all be free 🙏🏼

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J. Livingston's avatar

Get to know GROK, if you want facts at your fingertips, Peter. Or maybe you really do not want to know, and trust instead the astro-tur you see"energized" in this one-party Democrat company town: Fear the coming together of the GOP and the Independents. But that is what is trending. Not too late to get on the Trump train.

GROK: "As of February 2024, California's voter registration numbers, based on the California Secretary of State's Report of Registration, are approximately:

Democrats: 10,241,977 (46.5% of registered voters)

Republicans: 5,382,496 (24.4%)

No Party Preference (NPP)/Independents: 4,826,336 (21.9%)

Minor Parties: ~1,585,000 (7.2%), including American Independent, Green, Libertarian, and Peace and Freedom parties.

Total registered voters: ~22,036,000.

Trends and Growth:

Republican Party: Growing. Since 2022, Republican registration has increased by approximately 138,147 voters, with a notable surge of over 1 million new registrants since 2019 (from 4,709,851 to 5,776,356 by early 2025, per some X posts, though these numbers may reflect slightly different reporting periods). This growth is attributed to factors like the Republican Party's closed presidential primary in 2024, which likely drew independent voters to switch affiliations to participate.

Democratic Party: Stable but slightly declining. Democratic registration grew by only ~12,240 since 2022, and their share has dropped slightly from 46.8% in 2020 to 46.5% in 2024. Some Democratic voters, particularly younger ones and minorities, have switched to Republican or NPP.

No Party Preference (NPP): Declining. NPP registration fell from 25.1% in 2020 to 21.9% in 2024, as some independents switched to Republican or minor parties.

Minor Parties: Growing modestly. Their share increased from 5.7% in 2020 to 7.2% in 2024, though specific party breakdowns are not detailed in the data.

Key Insights:

The Republican Party is the fastest-growing, particularly among younger voters, Latinos, and Blacks, who are switching from Democratic or NPP affiliations. This marks a shift in California's traditionally Democratic-leaning landscape.

Democratic dominance persists, with nearly double the registrants of Republicans, but their growth is stagnant compared to Republicans.

The decline in NPP suggests voters are increasingly aligning with partisan affiliations, possibly due to polarized primaries or mobilization efforts."

For the most precise and updated numbers, check the California Secretary of State's website (voterstatus.sos.ca.gov). Data can vary slightly due to reporting dates and sources.

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TheotokosAppreciator's avatar

Are you surprised? The left knows how to use power effectively - the "culture war" as you people call it is rigged in their favor - so why do you continue to fight on these terms? You will always be outclassed so long as you use their frameworks.

Stop spewing the same "oh the left bad. Oh the left is hypocritical. Oh the left is doing all these things!" And start rejecting the whole framework entirely - a traditional monarchy avoids this kind of gridlock entirely.

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J. Livingston's avatar

No one wants to register as Democrat in California any longer. They are existing only on fumes and specious legal interference today. It shows with their every move. They are terrified of losing their artificial power base. That does make them dangerous, agreed. But they are going down.

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TheotokosAppreciator's avatar

Right... according to who? The left shows up in droves for everything - they had a huge rally last week for May Day, they had one in April - they mobilize and do things. Conservatives? Whine online and complain the system is used against them instead of condemning the system.

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J. Livingston's avatar

TA: Those are mainly all government union members and retired government employees. Of course they show up and demand "Hands Off" my tax-payer funded free stuff.

Founders did warn against mob rule, and that is all you are seeing when 'Indivisible" gins up their next astro-turf march. I am surprised this impressed you so much. And that you could not see through this. As long as conservatives vote, this Democrat political circus side show fails to bring in new recruits.

Indivisible just recycles and reuses their old party stalwarts, so at least their banal "home made" signs do not end up in the landfill for one time use only. Props to them for that. .

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TheotokosAppreciator's avatar

Oh so it's government union members - how convenient. Yet they still organize better than your side can - as they always do.

Bah, your precious founders were degenerates who propped up mob rule - I don't want to hear it.

"As long as we vote-"

Sister. Since Burke your side has voted - and yet today you complain that every institution is against you. Every institution is corrupt, owned by lefties - this is what your side admits - all the time, yet you think you're winning?

"It's astro turfed!" Yet they still stand, proudly and your vision is ALWAYS challenged.

Girly - you cry for limited government all the time in your posts, yet the "small gubmint" you so desire is...not here. You've been "crying" for it for decades - your ideas have utterly failed, not because they have not been tried but because the left annihilates it - it just sucks. Yet you say "Actually Mr. Carlist, you just need to vote harder".

Delusional.

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Peter Scott's avatar

JL; perhaps you might wish to provide some actual facts to back up your “alternative” facts. I see nothing but (very) energized democrat voters, mirroring the dear leaders continuing drop in the polls.

https://elections.cdn.sos.ca.gov/ror/154day-presprim-2024/historical-reg-stats.pdf

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