491 private links
there's plenty to say about Chen's reasoning as well. Should a judge be overruling the executive branch based on his own personal feelings about "economic activity" and "public health?" How would "safety in communities" even be affected?
I would posit that none of that should be considered. The only thing Chen should have been analyzing was what the law says and whether the administration was within its legal right to remove TPS in this case. Not only did he not do that, but it appears he completely contradicted the law.
You see, this issue was already litigated under the first Trump administration, and the Ninth Circuit Court of Appeals ruled that TPS is not subject to judicial review.
Bill Melugin @BillMelugin
·
Replying to @BillMelugin
Notably, U.S. law says this is not subject to judicial review, and the 9th Circuit upheld that in Trump’s first term.
8 U.S.C. § 1254a(b)(5):
“There is no judicial review of any determination of the [DHS Secretary] with respect to the designation, or termination or extension of
Bill Melugin @BillMelugin_
·
Here is that Prior 9th Circuit decision siding with the Trump admin when he sought to terminate TPS for Haiti, Sudan, Nicaragua, and El Salvador and a district judge tried to block it.
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/09/14/18-16981.pdf
8:48 PM · Mar 31, 2025.
In other words, not only is Chen violating the law with his order by ruling on something already deemed not subject to judicial review, but he's then demanding the administration meet a legal standard that doesn't even exist. //
CaptainCall
7 hours ago
This seems like a perfect judicial order for Trump to ignore. He can simply explain that he is not ignoring the courts...he's following the ruling by the 9th circuit, not the district court.