Justice Kagan announcing the opinion of the Court on a question of whether the kids of immigrants get the benefit of the doubt. Her reading is pregnant with the expectation that she’ll come around for the kids. But she doesn’t

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U. S. Supreme Court : Holder v. Gutierrez and Holder v. Sawyers ( Decided on May 21, 2012 ) :

It seems like President Obama and Secretary of Justice Eric Holder won and the "Baby Dreamers" are not going to suffer ( I hope ! ).

I confess being somewhat foolish and having a lot of trouble understanding this case. At first I was somewhat sad, confused and worried about the "Dream Babies" and their possible deportation out of the USA and into the Limbo.

Independent of Partisan Bias and of our Loves and Hates :

This decision was unanimous and rational. Because they want to preserve the discretionary powers of the executive.

The Justices are not saying : "Be tough on Immigrants".

They are saying : "Respect what the Federal Government decides" and "The Supreme Court should not legislate on Immigration".

I wish these guidelines for SB 1070, but perhaps Conservatism will trump Reason.

Above the Law
Supreme Court
Everyone Is Being Reasonable
By Matt Kaiser May 21, 2012

Everyone Is Being Reasonable


Some excerpts :

Justice Kagan reads the first opinion in Holder v. Gutierrez and Holder v. Sawyers.

If it wants, the Board of Immigration Appeals can probably cut kids of immigrants a break by imputing their parents’ favorable immigration status to them under certain circumstances. The BIA doesn’t do that. The kids would like the BIA to cut them a break.

Justice Kagan takes her time laying out the background of the law, the case, and what’s happened before. She’s still teaching law as she does it – for such a technical area she explains it remarkably clearly.

And it’s hard not to think that it’s Justice Kagan announcing the opinion of the Court on a question of whether the kids of immigrants get the benefit of the doubt. Her reading is pregnant with the expectation that she’ll come around for the kids.

But she doesn’t.

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