The 5th Circuit Delivers a Shockingly Ruthless Rebuke of Joe Biden’s Lawlessness – Opinion

You may recall some weeks ago when RedState reported on the Biden administration moving to reinstate Donald Trump’s “Remain in Mexico” policy.

Joe Biden seized his pen and cell phone upon taking office and ended the policy that stemmed unqualified asylum seekers and the trafficking in children. With the Obama-era Obama policy of releasing illegal migrants into the interior and a court order back in effect, the current surge at border occurred quickly. The current surge at the border has been ongoing and has reached new heights over 2021.

Eventually, the courts got involved after several states sued, leading to an order to reinstate the “Remain in Mexico” policy. Biden’s administration followed that order and reached a deal last month with Mexico. Mexico’s president was opposed to ending the program. Of course, that move wasn’t willingly, as the government sought to appeal the decision.

The 5th Circuit has now rejected the appeal attempt and the result is shocking. That’s not hyperbole. This is the entire text. It’s one of the most direct condemnations from a court I’ve ever seen of a president.

NEW: The 5th Circuit Court of Appeals denies the Biden administration’s appeal of a judge’s order that required the restart of the “Remain in Mexico” policy.

The ruling is quite…direct.

H/t @ZoeTillman pic.twitter.com/kfHVIx2w1y

— Hamed Aleaziz (@Haleaziz) December 14, 2021

This report has many highlights. 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. This language is a lot.

DHS’s proposed approach is as unlawful as it is illogical. This case, according to Fifth Circuit and Supreme Court precedents is not moot. In any case, DHS’s request for vacatur is an equitable remedy which cannot be disputed. [sic]Parties with dirty hands. The Government’s litigation tactics disqualify it from such equitable relief.

Biden could also simply make a text document to end the program. This was without any legal or legislative review. The court denied Donald Trump the right of ending DACA on Administrative Procedures Act grounds. This was celebrated by Democrats.

Biden believed he was able to get away with breaking the precedent that his party had established just a few short years back. Nope, that’s not how any of this works.

Additionally, the Government raises several reviewability issues and claims that the Termination Decision cannot be reviewed by any court. 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. We have received no input from Congress. There are no normal rulemaking procedures and we don’t get a 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.

Based on the merits, Termination Decision under the APA was arbitrary.

From there the beating-down continues. It’s clear that the courts are tired of the Biden Administration violating law, then trying to play the judicial system to obtain what they want. The 5th Circuit will not play their game, whether that is by not respecting precedents or simply trying to get the time out of litigation.

The old adage “be careful what you wish for” applies here. The judicial system was used by Democrats for nearly every action taken by Trump over the past four years, and even longer before. The precedent set by the Biden administration is being broken now that activist judges were often complicit. This is what you love.