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SCOTUS allows Trump to strip away Biden’s migrant protective status

SCOTUS allows Trump to strip away Biden’s migrant protective status

The Supreme Court has allowed the Trump administration to strip away Temporary Legal Status (TLS) for thousands of illegal aliens.  We do not know how the court voted.    It is common not to give the vote in emergency appeals – although Justice Ketanji Brown Jackson wrote her own dissent.  Temporary Legal Status was the Biden administration’s means to allowing otherwise illegal aliens to remain in the United States – protected against deportation.

This was just one effort to legitimize the presence of many of the aliens the Biden administration encouraged to illegally cross the border.  It was part of Biden’s parole program for Venezuelans, Haitians and Nicaraguans.  There are approximately 350,000 Venezuelans currently living in the United States under TLS.

The Supreme Court decision stays a lower 5th District Court ruling that blocked the Trump administration’s efforts to terminate TLS and commence deporting undesirables.  This is not a total victory for Trump since the Supreme Court’s decision only stays the lower court as the case – based on merits — works its way through the courts.  The ruling does, however, provide a hint of how the high court may vote on the merits in the future.

This case is a good example of a warning I gave Democrats less than two weeks ago.  Under a headline, “Democrats’ anti-trump court ‘victories’ may be unreal … or temporary, at best”.  Of the more than 200 Executive Orders issued by Trump, only three dozen or so are being challenged in the courts.  While Trump has had adverse preliminary rulings in several, I pointed out that these are only lower court rulings – and are subject to reversals as the cases rise to the appellate level and eventually the Supreme Court.  That is exactly what happened in the TLS case.

The Supreme Court has kicked the case back down to the 5th District appellate court – asking it to determine what due process to which the TLS aliens are entitled before they can be removed.  In the meantime, the Trump administration can proceed as if the TLS has been terminated.

The Big Picture

Of the more than 700 district court judges, it is not difficult to do a little judge shopping and find a jurist philosophically inclined to one’s position. The cases being challenged by Democrats are not the type to be resolved at the district or appellate levels – and Trump has an advantage – although not absolute — in the Supreme Court.

Democrats and the left-wing media constantly claim that many of the Trump administration’s actions are illegal – and that it is defying court orders.  None of that has been established by the courts.  There have been no contempt-of-court orders – and even that would be subject to appeal and potential review by the Supreme Court.

There is no doubt that Democrats have struck some blows on Trump in the court of public opinion, but in the real courts, Trump has been doing quite well.  He is most certainly testing the extent of presidential powers.  That is neither a crime nor unconstitutional.  Presidents have done it routinely – although admittedly not as much as Trump.  The Democrats’ self-proclaimed court victories are mostly temporary at best and dubious at worst.  It is like calling a baseball game after the first inning.  We have a long way to go to see where the dust settles on all the court cases.  And I am betting Trump will prevail in most of the contested cases.

So, there ‘tis.

About The Author

Larry Horist

So, there ‘tis… The opinions, perspectives and analyses of businessman, conservative writer and political strategist Larry Horist. Larry has an extensive background in economics and public policy. For more than 40 years, he ran his own Chicago based consulting firm. His clients included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. Larry professional emphasis has been on civil rights and education. He was consultant to both the Chicago and the Detroit boards of education, the Educational Choice Foundation, the Chicago Teachers Academy and the Chicago Academy for the Performing Arts. Larry has testified as an expert witness before numerous legislative bodies, including the U. S. Congress, and has lectured at colleges and universities, including Harvard, Northwestern and DePaul. He served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. Larry has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. An award-winning debater, his insightful and sometimes controversial commentaries have appeared on the editorial pages of newspapers across the nation. He is praised by audiences for his style, substance and sense of humor. Larry retired from his consulting business to devote his time to writing. His books include a humorous look at collecting, “The Acrapulators’ Guide”, and a more serious history of the Democratic Party’s role in de facto institutional racism, “Who Put Blacks in That PLACE? -- The Long Sad History of the Democratic Party’s Oppression of Black Americans ... to This Day”. Larry currently lives in Boca Raton, Florida.

3 Comments

  1. frank danger

    Trump, according to the author: “is most certainly testing the extent of presidential powers. That is neither a crime nor unconstitutional. Presidents have done it routinely – although admittedly not as much as Trump.”

    I see it another way and will let another from another time, say it best:

    “I’m sorry, but I don’t want to be an emperor. That’s not my business. I don’t want to rule or conquer anyone. I should like to help everyone – if possible – Jew, Gentile – black man – white. We all want to help one another. Human beings are like that. We want to live by each other’s happiness – not by each other’s misery. We don’t want to hate and despise one another. In this world there is room for everyone. And the good earth is rich and can provide for everyone. The way of life can be free and beautiful, but we have lost the way.

    Greed has poisoned men’s souls, has barricaded the world with hate, has goose-stepped us into misery and bloodshed. We have developed speed, but we have shut ourselves in. Machinery that gives abundance has left us in want. Our knowledge has made us cynical. Our cleverness, hard and unkind. We think too much and feel too little. More than machinery we need humanity. More than cleverness we need kindness and gentleness. Without these qualities, life will be violent and all will be lost…

    The aeroplane and the radio have brought us closer together. The very nature of these inventions cries out for the goodness in men – cries out for universal brotherhood – for the unity of us all. Even now my voice is reaching millions throughout the world – millions of despairing men, women, and little children – victims of a system that makes men torture and imprison innocent people.

    To those who can hear me, I say – do not despair. The misery that is now upon us is but the passing of greed – the bitterness of men who fear the way of human progress. The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish…

    Soldiers! don’t give yourselves to brutes – men who despise you – enslave you – who regiment your lives – tell you what to do – what to think and what to feel! Who drill you – diet you – treat you like cattle, use you as cannon fodder. Don’t give yourselves to these unnatural men – machine men with machine minds and machine hearts! You are not machines! You are not cattle! You are men! You have the love of humanity in your hearts! You don’t hate! Only the unloved hate – the unloved and the unnatural! Soldiers! Don’t fight for slavery! Fight for liberty!

    In the 17th Chapter of St Luke it is written: “the Kingdom of God is within man” – not one man nor a group of men, but in all men! In you! You, the people have the power – the power to create machines. The power to create happiness! You, the people, have the power to make this life free and beautiful, to make this life a wonderful adventure.

    Then – in the name of democracy – let us use that power – let us all unite. Let us fight for a new world – a decent world that will give men a chance to work – that will give youth a future and old age a security. By the promise of these things, brutes have risen to power. But they lie! They do not fulfil that promise. They never will!

    Dictators free themselves but they enslave the people! Now let us fight to fulfil that promise! Let us fight to free the world – to do away with national barriers – to do away with greed, with hate and intolerance. Let us fight for a world of reason, a world where science and progress will lead to all men’s happiness. Soldiers! in the name of democracy, let us all unite!

    Final speech from The Great Dictator, Chaplin’s first feature film with dialog. He seems to have a lot to say about today.

    Reply
    • Lee severt

      Nonce

      Reply
  2. frank danger

    The author spews: “Of the more than 200 Executive Orders issued by Trump, only three dozen or so are being challenged in the courts.”

    Once again, the author seems to be lying, or perhaps it’s just a case of extreme spin. In his fervor to rally behind his Felon King, the author seems to be forgetting his past views on the topic of EO’s, appears to lie about the magnitude of the EO’s, the cases against them, or the damage governing by one man, this man, by EO, might do.

    First, let’s take him at his word. He says, wrongly, that ONLY three dozen or so are being court challenged. That’s ONLY almost 20% which seems greater than ONLY to this reader.

    Second, I don’t even have to search to be pretty sure that the author has himself discussed the issues with EO’s starting with their short-term nature able to be overturned in a flash by the next administration, the EO’s frequency of running amuck of Constitutional issues, but most important, that executive orders can be executive overreach to make law, the responsibility and enumerated power of Congress. Monarchs make laws too. EO’s are supposed to clarify and operationalize existing laws, but in doing so, sometimes are used by the Executive Office to overreach Congressional authorities to make law. IE — what a King does. I find it hard to believe the author has forgotten this. I would bet he has enumerated similar thoughts before. And more.

    And, on the numbers, and efficacy of the court cases: as of the end of March, the International Bar Association tracked 90 EO’s and over 100 lawsuits which seems to be higher than ONLY three dozen or so.

    As of May 1st, WBAL TV tracked 143 EO’s and 120 lawsuits which seems higher that ONLY there dozen or so with about 10% of the EO’s being blocked by the courts and not including all the EO’s partially blocked by the courts.

    On May 8th, Bloomberg’s headline was “In court, Trump is Losing More than He’s Winning” and they tally “Courts entered more than 200 orders stopping the administration’s actions in 128 cases, with judges sometimes ruling at multiple stages of the legal fights.”

    Let’s be clear: Trump in his first 100 days entered more EO’s than the previous 4 administrations, including Trump’s 1st, COMBINED. He signed anything that his Congressional sycophants or Project 2025 could come up with.

    A few of the EO’s are especially heinous for revenge and retribution. Trump went after legal teams he did not like by EO-terminating contracts, ending security clearances, and barring them from Federal buildings and future work. He let it lapse after the lawyers affected offered Trump tens of millions in free legal work for the Executive Office. Most of these cases were blocked by the courts, but that’s just a slimy deal for slimy, personal, vindictive reasons.

    Many, like renaming the Gulf of Mexico ranging from crazy to delusional.

    Beyond the numbers, the author misses some crucial effects in other numbers. First, these EO’s represent the actions of one man to make law because he can’t make laws by the will of the people through Congress. During this administration, there is less than a handful of laws by Congress. Melania made more law than Don. And her law was bipartisan; Trump’s only bipartisan law was created by an illegal immigrant, Melania, who cheated her way into the country and then used chain immigration to bring her communist party parents in to live next to the top secret documents in Mara Loser (but I digress :>). These EO’s cost money; when they are stopped and started, cost more money. Everything is being done, undone, redone, and undone again costing more and more wasteful spending. The pure chaos of it all adds cost. He’s already running up a deficit that might exceed his last record set which is why he’s scrambling on the tariffs as an consumption tax on the less affluent to cover tax breaks for the rich. Think he’s over 350 tax payer funded lawsuits by now. Each one will cost $25M to over $300M meaning $9B – $100B for lawyers from you, the taxpayer. None of this shit is free and the payment comes from the taxpayer, not approved funding by Congress either. Trump feels no pain from wasteful spending, you do. And, in the end, we will replace him, end the EO’s overnight and that will cost more money.

    I understand the need for EO’s. They have a place to clarify and operationalize laws made by Congress. There is no need for this many EO’s, this fast. This is not governing by the people. This is one man thinking he has the divine right to know and do the people’s bidding. One man = King. And the King is a convicted Felon.

    There is never a need for an EO for revenge and retribution. The wasteful spending, waste of resources, is egregious IMO. Worse yet, because there is no transparency from this administration, you won’t know the fiscal damage until it’s way too late. You won’t know the damage to individuals unless it comes from the press which he has told you to not believe. The chaos is causing a paralysis in our government and services are beginning to fail, if they weren’t outright cut. There are storm clouds on the economic horizon as GDP goes negative, prices go up, deficit is too high, we are losing our credit rating, international investors are expecting more in return for covering our debt, the storm clouds are forming all around our economy, and the King continues to fiddle about as the country burns.

    According to the FRED: “The cumulative fiscal year 2025 deficit was $1.3 trillion at the end of March 2025. After adjusting for timing shifts of certain payments, the deficit is 15% larger than at the same point last fiscal year. Revenue is up 3%, while total spending is up 7%.” The CBO estimated 2025 deficit is 1.9T; the same amount as Biden’s last year. Trump is already blowing the doors off that number. Trump hit $3.1T in 2020; he’s looking to beat his all time US deficit record for any President on record. Bar none. Katy, bar the door, there’s big trouble in Trumpistan.

    And “ONLY three dozen or so being challenged in the courts” is a extremely low estimate and a very large number of inefficient, ineffective, and sometimes immoral actions bogging down the future economic success of America. You own the Big Beautiful Bill and it’s will 86 our economy while Donny 2 Dolls suggests you need to buy less. As he gets Muslim-backed hotels, towers, resorts, golf courses, and a really big plane. It’s not that EO’s are the wrong thing, but this method of governance is certainly the wrong way to get things done. IMO.

    I spell my name: danger. Truth is dangerous. Facts are our friends.

    Reply

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