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The unhappiest concurrence

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Posted By: Hazymac, 5/21/2025 8:51:57 AM

Judge James Ho is a member of the United States Court of Appeals for the Fifth Circuit. He has filed an unhappy concurrence in AARP v. Trump. The Fifth Circuit panel is jumping through hoops detailed by the Supreme Court in a per curiam (no author specified) order on application for injunction here, with Justices Alito and Thomas dissenting. The per curiam opinion reads to me like the work of Chief Justice Roberts. AARP appears to be a pseudonym for a member of Tren de Aragua. The real AARP has posted a statement clarifying that it is not a party to the litigation. AARP wants it known that it is

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Reply 1 - Posted by: pensom2 5/21/2025 10:32:01 AM (No. 1953556)
Well said, Judge Ho. Someone needs to remind even the Supreme Court to "stay in their lane." Chief Justice Roberts is again acting as if someone has dirt on him and that someone is pushing him to strain to sway his decisions to the Left--ruling against the Trump administration. Justice Barrett may well be caught in the same trap, particularly after her large family was threatened by protests outside her home during the Biden administration and gutless Merrick Garland refused to order the Capitol Police or U.S. Marshalls to arrest the protestors for their clearly illegal actions. The Left worships at the throne of "the right to protest," but there are explicit laws forbidding protests at the homes of Supreme Court justices. But of course, Merrick Garland, who says everyone is bound by the "rule of law," was ever slow to enforce any law against the woke Left.
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Reply 2 - Posted by: J. Arthur Brown 5/21/2025 10:46:29 AM (No. 1953578)
court Please read U.S. Circuit Judge James Ho's short, not sweet, opinion (embedded in this post.) This case arose because the ACLU objected (in at 12:34 A.M.) to giving the Justice Department 24 hours to respond to its motion for emergency relief. Judge Ho observes that in siding with the ACLU, the Supreme Court seems "to have forgotten that this is a District Court and not a Denny's.") "If this is to become the norm, then we should admit that this is special treatment being afforded to certain favored litigants like Tren de Aragua -- and that we should stop pretending that Lady Justice is blindfolded." Judge Ho also contrasted the peevish response of Chief Justice Roberts and concurring Justices to their silence when Barack Obama asserted that it would be illegitimate for the Court to rule Obamacare unconstitutional, and /when Joe
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Reply 3 - Posted by: J. Arthur Brown 5/21/2025 10:56:22 AM (No. 1953593)
Apologies, this is the remainder of my reply which I was editing to make clear that President Trump was the object of the Court's "peevishness:" . . . Biden bragged about defying the Court's ruling on student loans. Clearly Judge Ho is an emerging judicial superstar and deserves to be at the top of President Trump's list of candidates for the net supreme court vacancy.
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Reply 4 - Posted by: bpl40 5/21/2025 11:38:52 AM (No. 1953623)
All executive power is vested in the President. It says so clearly and unambiguously in Article II. There is no dispute that if the President is acting within the discretionary powers given by Article II these acts are outside the reach of the judicial branch. The question arises whether or not a particular action or decision is within such discretionary powers. The SCOTUS's position (at least CJ Roberts) seems to be that the SCOTUS decides every single time. If this is true then we do not have co-equal branches. The judiciary rules, notwithstanding the will of the People. I am not a constitutional lawyer but a reasonably well educated adult. It seems to me that the Founders did not intend the Constitution to work like that. If the Judiciary is on one side and the other two branches on the other then it is the People who should decide. There are two ways. One, removal of the President by 2/3 majority of the Senate. Two, at the ballot box , every four years. There is no other way.
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Reply 5 - Posted by: franco 5/21/2025 1:29:17 PM (No. 1953669)
I suspect the next Supreme Court opening will be from one of the three liberal loon ladies retiring or going the way of Ruth Bader Ginsburg if she doesn't retire. When that happens, President Trump should give ample consideration to Judge Ho to fill that seat.
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Judge James Ho is a member of the United States Court of Appeals for the Fifth Circuit. He has filed an unhappy concurrence in AARP v. Trump. The Fifth Circuit panel is jumping through hoops detailed by the Supreme Court in a per curiam (no author specified) order on application for injunction here, with Justices Alito and Thomas dissenting. The per curiam opinion reads to me like the work of Chief Justice Roberts. AARP appears to be a pseudonym for a member of Tren de Aragua. The real AARP has posted a statement clarifying that it is not a party to the litigation. AARP wants it known that it is
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