Another temporary injunction is removed
The Trump administration has been racking up some solid wins before the 4th Circuit Court of Appeals of late. Another was added to the list on Friday as the appellate court vacated a District Court preliminary injunction regarding the administration’s ban on DEIA initiatives. …
… [T]he matter is remanded back to the District Court for further proceedings consistent with the 4th Circuit’s opinion. As with so many of these rulings, this is not the end of the road. The plaintiffs may decide to seek rehearing en banc and/or appeal today’s decision. And even if they do not, the case may still proceed on the merits in the District Court (at least as to the latter two provisions). Still, as they say, a win’s a win. And this is a solid win for the administration.
To me, the most interesting thing about this ruling is that two of the three judges who made the decision were appointed by Obama.
The Obama appointee judges acted as judges, not as reflexive doctrinaire Democrats. Good for them.
The Fourth Circuit has leaned heavily left for a while, so this actually judicial opinion is very welcome.
And we’d been hearing so much about how Trump doesn’t understand the separation of powers…
I have been looking for private companies that filed amicus briefs supporting DEI but could I find any other than law firms. In the North Carolina/Harvard college admissions discrimination case there were many, including some I did business with like the Schwab broker. Of course this is not a Supreme Court case, but I think the momentum for discriminatory practices like DEI is diminishing.
Does anyone have a sense, one way or the other, that the judges nominated and confirmed during the Obama administration were less politicized, and had greater judicial integrity and legal competence than those getting to the bench during the Biden admin?
Even if only because there was more time for the Gramscian march through the law schools?
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— R2L
Yes, but it’s more of a side-effect than anything else, I think.
Obama was compos mentis. He was actually making decisions and appointing people to office. He usually made bad decisions and more bad appointments than good, obviously, but he was making them. Which also meant he had a vested interest in his own legacy in doing so.
Biden was never President. I’m not talking about the legitimacy of the 2020 election but simply the factual reality of his physical and mental frailty. He was already too far gone in 2020 to function as President on a practical level, and it only got worse with the passage of time.
Joe Biden was a figurehead.
Which left his wife, his staff, and the Dem leadership in Congress actually running things, and many people, even Dems, have noticed that Biden’s staff consisted to a considerable extent of people who acted as representatives for ‘the groups’. Without oversight, they ran rampant.
I personally consider every ‘Biden’ appointment to any position presumptively illegitimate, because we have no reason to believe that Biden himself had any role in their selection. Maybe he did with some of them, but it’s open to doubt even in the case of appointments from 2021.
Now there’s no way to prove that, of course, and if it became an issue they’d send Joe out to claim he made the choice whether he did or not. But IMHO all Biden appointments are, at best, open to doubt.
Also, with all Administrations, Appeals Court appointments get more attention and thought than District. A lot of the time, District Federal Judges are de facto chosen by the Senator for their State, esp. if it’s the same party as the President. Even opposite party Senators get, or used to get, a courtesy veto.
So District Judges are often more political and ideological in a blatant way than Appeals Judges.
HC68: “Biden was never President”
Excellent point. Indeed he may have been nominated precisely *because* his faculties were declining and the leftist cabal that now comprises the Democrat party knew he could be easily manipulated for their ends.
So will gruesome Newsom actually do it.
He just loves to play chicken…! Especially when he’s up against Trump…. Besides, he might well believe that releasing ’em is political genius AND morally upright!!…
(After all, his opponent is Orange Man Simply Awful and Destroying Our Democracy!!!)
https://www.zerohedge.com/political/ice-urges-newsom-not-release-33179-criminal-illegal-immigrants-communities
+Bonus:
“A REPORT FROM A FRIEND IN COLUMBIA, SOUTH CAROLINA”—
https://instapundit.com/774996/
Key blurb:
“… But a bunch of 20-something undergrads spontaneously singing the National Anthem really got to me. I think we’ll fine.”
@ FOAF: “… the leftist cabal that now comprises the Democrat party knew he could be easily manipulated for their ends.”
And yet did “they” or Biden end up selecting Harris as his running mate? That represents some possible manipulation on his part, to give him some leverage against other Dem agents.
Aside from the DEI angle, which might have been OK with the “puppeteers”, it struck many of us that she was a “protective” layer of incompetence put in place to avoid impeachment or a related “remove from office” initiative.* I suppose some of the Biden staff (or Hunter or Jill?) might have made that move on their own to better protect their tenure in office, and sold Biden on the DEI aspect, or whatever.
Plus Neo has already suggested Biden had good days and not so good days, only getting really worse towards the 2024 campaign year.
*as of course Biden was a protective layer for Obama, plus whatever political capital Biden had to offer in 2008.
Re: Biden / Harris 2024 — she wasn’t the plan
I read that as a power struggle at the top of the Dem party.
Obama et al. managed to force Biden into retirement, but intended an open convention with their thumbs on the scale. They strongly suspected Harris couldn’t win.
Biden gave in, but as his FU out the door, he anointed Harris as his successor. She was sorta black, basically female, so there was no graceful way and not enough time to ease her out of the spot.
All they could do was gin up as much Trump hate as they could, hope someone might kill him, and do their best to drag Harris across the finish line.
Good morning!
Instapundit with an extraordinary series of revelations (February 9).
(Blowback from the Super Bowl…?)
Gotta scroll down this rather amazing “Roundup”…starting at least from 8:38 am.
“…Ghislaine Maxwell played a substantial role in supporting the creation of the Clinton Global Initiative, one of Bill Clinton’s signature post-White House endeavors, documents show.”—
https://instapundit.com/774991/
And WRT the obvious recent hit piece on Tulsi Gabbard…wherein “The Guardian”—of LIES—recycles, repackages and redistributes CIA disinformation:
https://instapundit.com/775089/
And lots more…