The Trump administration went to the Supreme Court on Tuesday, seeking an order that would allow it to enforce its new policy barring asylum claims by those who cross into the country at the southern border without authorization.
Justice Elena Kagan has called for a response to the Justice Department’s request by noon Monday, Dec. 17.
On Dec. 7, the US Court of Appeals for the 9th Circuit denied the Justice Department’s request to put on hold a district court judge’s order that halted the policy’s enforcement…
At the 9th Circuit, Judge Jay Bybee — a George W. Bush appointee who has, in the past, written strong defenses of executive power (including signing the opinions now known as the “torture memos” in the Bush administration) — wrote the court’s 2–1 opinionholding “that the Rule is likely inconsistent with existing United States law” and therefore upholding Tigar’s order, treating it as a preliminary injunction.
Although DOJ questioned Tigar’s order as “unwarranted judicial interference,” Bybee shot back that “if there is a separation-of-powers concern here, it is between the President and Congress.”
“Here, the Executive has attempted an end-run around Congress,” Bybee continued. “In combination with the rule, [the presidential order] does indirectly what the executive cannot do directly: amend the [Immigration and Nationality Act]. Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the executive legislate from the Oval Office.”
The Trump Administration Just Asked The Supreme Court To Let It Enforce Its New Asylum Ban
Sebastion Cooper 