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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court denies Trump administration request to immediately enforce new asylum rules
By Robert Barnes December 21 at 2:54 PM
The Supreme Court on Friday denied the Trump administrations request that it be allowed to immediately enforce a new policy of denying asylum to those who illegally cross the U.S.-Mexico border, a change that lower courts declared possibly illegal.
Four justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh would have granted the administrations request to let the order go into effect.
A panel of the U.S. Court of Appeals for the 9th Circuit earlier this month kept in place a lower court decision that stopped the policys implementation, saying it was simply a way around specific language in federal law that allows all who enter the United States, regardless of where, to apply for asylum.
Just as we may not, as we are often reminded, legislate from the bench, neither may the Executive legislate from the Oval Office, wrote Circuit Judge Jay S. Bybee, a conservative nominated by President George W. Bush, in the 2 to 1 decision.
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https://www.washingtonpost.com/politics/courts_law/supreme-court-denies-trump-administration-request-to-immediately-enforce-new-asylum-rules/2018/12/21/e9cdaf32-03c8-11e9-b6a9-0aa5c2fcc9e4_story.html
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(31,261 posts)Like him or hate him, I think that Roberts mostly respects the Constitution and bails on the really wide stuff that will take it down.