Federal Judges Need To Be Reigned-In

Discussion in 'The Dungeon' started by In Your Corner, Feb 28, 2019.

  1. In Your Corner

    In Your Corner Dungeonesque Crab

  2. Mongo

    Mongo Administrator

    First one seems to be out of line, the second not so much.
  3. 2blueYam

    2blueYam Track Day Addict

    The second one is a clear letter of the law issue to me. It seems they are arguing that just because the law isn’t always properly enforced that it essentially null and void and should not be enforced in this case.

    It definitely sucks, but if they wanted to be sure their children were both US Citizens, they should have made sure the births were on US soil.

    With that said, I would be very much in favor of granting the child a permanent US Visa or one that applies until he is say 18 years old when he can apply for US Citizenship if he so desires.
    sheepofblue likes this.
  4. Lawn Dart

    Lawn Dart Difficult. With a big D.

    Can we talk about the second one for a second... If a child has no DNA from an American citizen, and it wasn't born in the U.S., how in the world can it be ruled a U.S. Citizen? I'm not picking on gay marriage at all - this is simple biology and the current rules.

    In the article, the guy cries foul, saying that if it were an Israeli mother and an American father, this wouldn't be a question... Well, no shit, Sherlock - the kid would have the American father's DNA... I'm legitimately confused as to how this was allowed.
  5. sheepofblue

    sheepofblue Well-Known Member

    The second is a judge following the law IMO. Unless I missed something the father was not a US citizen, the mother was not a US citizen and the kid was born in Canada. Seems to fail every test. The flaw in the appeal is claiming the kid was born to two gay men. Sorry science deniers it was kids born to a mother and father. You see this in dogs (NO I am not applying gay people are dogs merely illustrating a scientific point) where a bitch is impregnated by two males in the same litter.

    Also claiming the mother was a surrogate also ignores science unless someone has figured out how to make men generate eggs and sperm. Sorry a mother and two fathers is what happened.
    tl1098 likes this.
  6. G 97

    G 97 What's my name

    Why are the two men’s sexual orientation even relevant to the story.
    stk0308 likes this.
  7. ahrma_581

    ahrma_581 Well-Known Member

    Because special classes deserve special rules and laws.

    Duh. :(
    sheepofblue likes this.
  8. 2blueYam

    2blueYam Track Day Addict

    It is relevant because they say it would never happen to a Heterosexual couple, and they are probably correct. If a non-US citizen woman with a US Citizen husband gave birth to twins outside of theUS, the babies would likely not even be tested to see if the DNA matches the father or not. In reality they could be, but how much time, money and expense do you go through to verify the actual parents of every child born in these situations is really a US citizen?
  9. sheepofblue

    sheepofblue Well-Known Member

    But if a non-US citizen woman and a non-US citizen husband gave birth to twins outside the US the baby would also not be tested nor get citizenship. This is 100% because of the possibility of two sperm donors with one not being qualified for citizenship. It has zero to do with the parents orientation. You could easily create a chart with permutations based upon paring not sexual orientation. The ruling was irrational.
  10. SGVRider

    SGVRider Well-Known Member

    Didn’t really read the first one thoroughly. It’s good that they’re purging non-citizens from the rolls, but it needs to be conducted in an organized and legal way to be valid. If it’s haphazard, not saying it was, but if it was then I can definitely see the case for throwing it out.

    Second case seems unjust and is, but it’s a case of the judge following the law. It’s unjust because we haven’t adapted laws to changing social mores and technology. Laws usually lag social reality by several decades at a minimum. The kid should be a citizen, but we can’t change laws at a whim to suit whatever unique circumstance there might be. If there’s an appeal or special dispensation process that should be followed and the request granted, and the law changed.
  11. 2blueYam

    2blueYam Track Day Addict

    Oh, I agree with the ruling, but I also understand the argument and why sexual orientation is relevant. I just don't think it rises to the level where the letter of the law should be ignored.
  12. Hawk518

    Hawk518 Resident Alien

    Activism doesn't start/end at the bench.
    While activist judges lend themselves to the whims of a few, to issue injunction on properly file applications, non-elected member of boards are also active in issuing work-stop orders on project that have secured permits.
    Revisions after the fact is the new norm in some industry.
    By design, all the stoppages and challenges increase the cost of operations and ultimately impact the consumer.
    Make the consumer codependent.
  13. jase

    jase Your kind makes me sick!!

  14. R Acree

    R Acree Banned

    You don't speak Hawkish?
  15. jase

    jase Your kind makes me sick!!

    LMAO... I guess not.
  16. In Your Corner

    In Your Corner Dungeonesque Crab

    There is a process to change laws and ignoring them isn't it.
    tl1098 likes this.
  17. In Your Corner

    In Your Corner Dungeonesque Crab

    That's really what's happening here.
  18. In Your Corner

    In Your Corner Dungeonesque Crab

    There is an organized and legal way which is what was being employed.
    The people whose job it is to maintain the rolls were doing their job
    in legal fashion when the judge arbitrarily made them stop.
  19. SGVRider

    SGVRider Well-Known Member

    Well if that’s the case then the judge is an asshole and hopefully his decision will be overturned at its inevitable appeal.
  20. SGVRider

    SGVRider Well-Known Member

    Agreed. I would think for these types of cases there would be some kind of appeal board or special dispensation available from the US Secretary of State.

    If these guys had adopted and one were a citizen of the US wouldn’t the kid be eligible for citizenship, regardless of birthplace?

    It’s a shitty situation and I think the kid should be a citizen, but only if done through legally established means. If they can find a Congress critter to help them and change the law I think that’d be best for everyone. This is a situation their rep should definitely be fighting for.

    Rule by law and rule by feels is what separates civilized man from the leftists.

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