Saturday, April 19, 2025

The judiciary strikes back

 1.  A few weeks ago Gov. DeSantis lashed out at Judge Kathy Williams for her TRO, enjoining the enforcement of a state statute that seemed to encroach on things that were exclusively in fed land.  Yesterday there was a hearing, and it appears that police officers were not told to abide by the TRO.  Judge Williams was.... not happy:

At the court hearing Friday, Williams said she was “astounded” by the state’s arguments and said it was “concerning” to learn that state law enforcement agencies, like FHP, do not work “in concert with state officials.” “When I issued the temporary restraining order, it never occurred to me that police officers would not be bound by it,” Williams said. “It never occurred to me that the state attorneys would not give direction to law enforcement so that we would not have these unfortunate arrests.” Williams expressed her dismay at the state’s actions after a group of lawyers suing the state disclosed that at least 15 people were arrested across Florida after the judge had imposed a halt on enforcing the immigration law.

The state is now complying:

Following the court hearing, Uthmeier told the Florida Department of Law Enforcement, the Florida Highway Patrol, the Florida Sheriffs and Florida Police Chiefs to “please instruct your officers and agents to comply with Judge Williams’ directives.” The arrest of the U.S. citizen was made by FHP. While he told law enforcement agencies to follow the court’s order, Uthmeier also made clear that he disagreed with the “scope” of the order. “I must note my disagreement with this order,” Uthmeier wrote in an email obtained by the Herald/Times. “For reasons my office has argued and will further outline in court, this clarification of Judge Williams’ prior order is both wrong on the merits and overbroad in its scope.”

2.  By now, I'm sure you've seen the 4th Circuit Order by Judge Wilkinson.  You should read the whole thing, which starts like this:

Upon review of the government’s motion, the court denies the motion for an emergency stay pending appeal and for a writ of mandamus. The relief the government is requesting is both extraordinary and premature. While we fully respect the Executive’s robust assertion of its Article II powers, we shall not micromanage the efforts of a fine district judge attempting to implement the Supreme Court’s recent decision. 

It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.  

This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.  


8 comments:

Anonymous said...

The wheels are flying off, folks... this is how revolutions get legs.

Anonymous said...

And don’t forget SCOTUS’ middle of the night order stopping lawless alien enemies act removals. Article III is in the house, people.

Anonymous said...

Judge Wilkinson's opinion makes me wonder if the members of the Federalist Society really understand the Constitution and have the cojones to speak out against the blasphemous tyranny coming out of DC these days. Is it really win at all costs?? Have you no damn shame? We who honor our oaths are coming for those who have forgotten theirs.

Anonymous said...

Bet Trump puckered at that!

Anonymous said...

@5:35p Here Here!

Anonymous said...

By now it's pretty obvious that the answer is "no damn shame."

Anonymous said...

The Federalist Society is really showing its colors as a pack of opportunists with no actual philosophy, much less backbone. At best it is team sport/tribalism. At worst it is cowardly cynicism.

Anonymous said...

@9:14am Here Here!
They also practice getting while the getting is good!