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There is no arc of history towards socialism, and there is no demographic destiny leading to Democrat permanent rule. Today I sing the praises of Associate Justice Elena Kagen and all her colleagues. Justice Kagen, a 2010 Obama appointment, wrote for a unanimous court in rejecting a husband and wife team of illegal aliens’ claim that they should be eligible for green cards, permanent legal residence, because he was given temporary permission to stay here for many years. This result was all the more noteworthy as it involves a man who leveraged his temporary status here into a marriage with children, presumably given U.S. citizenship at birth.
Oral arguments were this April, with the government brief of Alejandro N. Mayorkas, Secretary of Homeland Security, et al. filed March 24. The leftist Democrat DOJ continued the Trump position on this case, signaling a slight braking on generating attractive nuisances to draw undocumented Democrat voters north. Perhaps this had something to do with actual voter’s behavior, shocking the Democrats who presumed they owned the votes of blacks and Latino/Hispanics. The Democrats presumably already had the news we are all now reading about working-class minorities shifting towards President Trump and Republicans who agreed with his economic, law enforcement, and public safety policies.
In this instance, the court members acted faithfully to their oath. They simply applied the law. Justice Kagan patiently walked through the facts and the law and made clear it was not even close. This was a case of statutory interpretation, rather than a fight over the Constitution. The government’s position is summarized in their brief’s table of contents [emphasis added]: