5th Circuit scolds Biden DOJ for frivolous appeal of immigration ruling

 Red States:

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Now, the 5th Circuit has slapped down that attempt at an appeal, and the decision is absolutely savage. That’s not hyperbole. Read every word of this. It’s one of the most direct condemnations from a court I’ve ever seen of a president.

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There are a lot of highlights here. At one point, the court has this to say, countering the government’s claims that the case is moot and that the Biden administration can skip various review processes. Get a load of this language.

DHS’s proposed approach is as unlawful as it is illogical. Under Supreme Court and Fifth Circuit precedent, this case is nowhere near moot. And in any event, the vacatur DHS requests is an equitable remedy, which is unavabile [sic] to parties with unclean hands. The Government’s litigation tactics disqualify it from such equitable relief.

The court also scoffed at the idea that Biden can simply print out a word document and order the ending of a program that impacts the states in such a way without going through any of the legal and legislative review processes. Remember, Democrats celebrated the courts denying Donald Trump the right to end DACA based on the Administrative Procedures Act.

In laughable fashion, Biden thought he could get away with violating the precedent his own party forced into place just a few years ago. Nope, that’s not how any of this works.

The Government also raises a slew of reviewability arguments, contending that no court may ever review the Termination Decision. DHS claims the power to implement a massive policy reversal—affecting billions of dollars and countless people—simply by typing out a new Word document and posting it on the internet. No input from Congress, no ordinary rulemaking procedures, and no judicial review. We address and reject each of the Government’s reviewability arguments and determine that DHS has come nowhere close to shouldering its heavy burden to show that it can make law in a vacuum.

On the merits, the Termination Decision was arbitrary and capricious under the APA.

The beat-down just continues from there, and it is clear that the courts are sick and tired of the Biden administration violating the law and then attempting to game the judicial system to still get what they want. Whether that means not honoring precedent or the White House hoping they can simply run out the clock before litigation can finish, the 5th Circuit is not here for their games.

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Biden's approach to government is to make half-assed decisions and then make half-assed arguments in support of those decisions.  His immigration policy has been a disaster that has led to increase in crime and an increase in illegal conduct on the border where Biden is in breach of his duty to faithfully execute the laws of the US and including treaty obligations.