A federal court has just pooped in the oatmeal of the West Coast, Messed Coast™governors and local election officials suffering from acute cases of Trump Derangement Syndrome who think they can stop illegal alien deportations. And after this hilarious and thorough legal takedown from the 9th Circuit Court of Appeals, they may never recover.
With California Governor Gavin Newsom calling a special legislative session to consider ways to fight Donald Trump and Washington's Governor-elect Bob Ferguson calling for a special legislative committee to fight the Heritage Foundation's white paper, Project 2025, you can see that Trump Derangement Syndrome among the far left—go ahead, say it, commies—running the West Coast, Messed Coast™ states are in full freak-out mode.
Sadly, things have grown worse for these very fragile men.
A three-judge panel from the 9th Circuit Court of Appeals court ruled that King County, Wash., can't stop Trump's deportation of the Democrats' illegal alien voters.
The conflict began in 2018 when King County (Seattle) czar Dow Constantine raised his emerald bejeweled scepter and declared that forthwith, the federal Immigration and Customs Service (ICE) shall no longer use Boeing Field, now officially called King County International Airport, to remove illegal voters aliens. Forever and ever, amen.
Constantine ordered his employees not to listen to ICE, but to take the lead of a leftist group based at the University of Washington that proclaimed it was wrong for the county to “provide the infrastructure through which private parties . . . profit from operating the deportation machine.” The "private party" guys running the charters were out of luck when the county said to stop, or else.
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Constantine eventually added to his concerns that anti-ICE protesters were causing disturbances, like the Antifa and John Brown Gun Club member who tried to blow up the nearby Tacoma ICE detention facilities but got shot dead as he attempted to attach a propane tank to his explosive device.
Then in 2020, Emperor Constantine was sued in U.S. District Court by the Trump administration and—you'll never guess—it turns out there's this thing called the Supremacy Clause, and Constantine's scepter couldn't magically bend the Constitution to his will. In fact, the District Court granted the Trump administration a summary judgment win and told the county to knock it off and stop blocking the flights.
But King County's Constantine wasn't done. He ordered his taxpayer-funded attorneys to appeal.
He may wish he hadn't now, but I'm glad he did; otherwise, I wouldn't have gotten to read one of the most hilarious court opinions ever.
In its narration of the case—and I encourage you to read it if you want a good laugh with a side of scotch—9th Circuit said the county lied to the court when it said that the executive order issued by Constantine didn't really have the effect of law; that the U.S. District Court didn't have standing to hear the case; and that cutting off the ability to ship out illegal aliens in Seattle didn't harm ICE, even though it had to find another airport. And, while we're on the subject, the order read that the county discriminated against certain users of Boeing Field's FBO, which is against the law.
In short, King County got laughed out of court by a three-judge panel, whose scalding decision was written by Daniel A. Bress, named to the bench in 2019 by one Donald Trump.
The decision had no particular poetry, unlike Supreme Court Justices Scalia's or Alito's opinions. In fact, it read more closely like a Thomas opinion, in which he lays out the facts, and then BOOM, lays down the law, which, in fact, is, was, and never will be in King County's favor, at least according to this howler.
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The decision was punctuated with these phrases one seldom reads with such frequency in an opinion. "King County is incorrect, and "its reliance on the Supreme Court’s Trump decision is misplaced." "The County is mistaken," it read. "King County’s contrary arguments fail," Bress wrote.
And on and on it went. BAM! POW!
We reject the County’s assertion...
There is no basis...
The Executive Order violates the intergovernmental immunity doctrine ...
The Executive Order violates this precept.
This discrimination, plain on the face of the Order, contravenes the intergovernmental immunity doctrine...
The County’s attempt to evade the intergovernmental immunity doctrine through a market-participant defense likewise fails.
To begin with, there is a lack of evidence of such disruptions...
The anti-commandeering doctrine provides no defense to the Executive Order
invalidating the Order does not lead to a violation of the Tenth Amendment’s anti-commandeering principle.
Instead, the United States is asking King County, in its capacity as the owner of a public airport facility, to lift a discriminatory prohibition on private parties’ ability to engage in business with the federal government that supports federal immigration efforts.
King County’s Executive Order also fails under the intergovernmental immunity doctrine. This doctrine is an outgrowth of the Constitution’s Supremacy Clause.
King County’s Executive Order on its face discriminates against the United States “by singling out” the federal government and its contractors “for unfavorable treatment” or “regulat[ing] them unfavorably on some basis related to their governmental ‘status.’
Reading between the lines, the 9th Circuit, in so many words, said: Are you people high? Where did you go to law school?
Then the court ruled against King County because when Boeing Field was turned over to the county after World War II, they agreed to let the federal government use it forever without charge. The county claimed that the District Court was unable to consider the case and that it should have been sent to the Department of Transportation or the Federal Aviation Administration.
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Does the decision have legs? Yes. Under the Supremacy Clause, there's room to go after 9th District jurisdictions that believe they can stop illegal aliens from being deported.
Finally, if the federal government can fly them in with impunity, why can't the federal government fly them out?
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