Saturday, March 04, 2017

Another judge living out his presidential fantasies

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Once upon a time, people lived out their fantasies on “Fantasy Island.” Today, they wear a black robe and fantasize about being president.
We’ve discussed “judicial activism” often in these pages. However, I think that we are now beyond “activism.” This is more like “black robes out of control” or judges who have decided to live out their presidential fantasies from their bench.   
After all, if you can’t run for president then why not play one from your bench?   
Even Mr. Roarke didn’t think of this? Tattoo would have responded:  “Are you kidding, boss”?
This is from the Miami Herald:
 
Circuit Judge Milton Hirsch wrote that the policy violated the Tenth Amendment, which limits the reach of the federal government over states.
“Of course we must protect our country from the problems associated with unregulated immigration,” Miami-Dade Circuit Judge Milton Hirsch wrote. “We must protect our country from a great many things; but from nothing so much as from the loss of our historic rights and liberties.”
The immediate impact of the ruling was unclear. 
For one thing, the judge did not explicitly order Miami-Dade jailers to stop honoring requests by the federal government to hold people marked for deportation, or suspected of violating immigration laws. Hirsch’s ruling also could be delayed by more litigation.
The county immediately filed a notice of appeal with the Third District Court of Appeal.
“It is Miami-Dade County’s position that immigration is a federal issue which should be handled in federal court,” according to a mayor’s spokesman.
Since 2013, Miami-Dade County had stopped honoring most requests by federal authorities to hold undocumented or deportable jail inmates, even though their sentences were up or their cases closed. County officials expressed concern because the feds were not reimbursing the cost of detaining them.
But when President Trump took office in January, he threatened to cut federal funding from so-called “sanctuary” cities that did not cooperate with federal immigration authorities; Miami-Dade’s political leaders had long resisted labeling itself that.
“Miami is not, and has never been, a sanctuary city,” Hirsch wrote. “But America is, and has always been, a sanctuary country.”
I guess that America is now a “sanctuary country,” a shocker to most of us who came here legally. Yes, the U.S. opened its arms to our family and gave us sanctuary from communism. At the same time, it was legal.
Furthermore, it looks like the long-forgotten 10th Amendment is suddenly cool now that the Democrats have been reduced to California and a couple of other states. Wonder how Judge Milton Hirsch feels about the 10th Amendment and the U.S. Supreme Court overturning state bans on same-sex marriage and abortion?
This is insane, and I hope that Chief Justice Roberts calls this judge, and a few others over in 9th Circuit, for a continuing education class on the U.S. Constitution.   
We need it and very badly. It’s time to require some “CE” for judges because their ignorance of the Constitution is getting scary!
P.S. You can listen to my show (Canto Talk) and follow me on Twitter.
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