On Monday, the Supreme Court stayed a ruling by a Massachusetts judge that had prevented the Trump administration from deporting some of the worst criminal illegals to third-party countries like El Salvador, Costa Rica, and even South Sudan and Rwanda.
It was a huge win for those of us who just want statutory law to be enforced. But before Monday, the judge whom SCOTUS had stayed — Brian Murphy, a last-minute Biden appointment snuck through in December 2024 — struck back against SCOTUS — yes, SCOTUS — and said his May 21 ruling against Trump remained in effect because SCOTUS was not supposed to hear Trump’s appeal since the administration’s lawyers did not bring the case before SCOTUS “properly.”
So with a stroke of his pen — or a hunt and peck of his keyboard — the apparently Confederate judge ignored the Supreme Court of the United States and said his own order would stand instead. John C. Calhoun would be proud.
This is seriously bad for at least two reasons.
First, Murphy has gone rogue. Now don’t get me wrong. It’s fun seeing SCOTUS get similar treatment to what Trump’s been getting in the form of defiance by those far below them in their own branch of government. But judges that simply ignore the rulings of the highest court in the land are definitionally dangerous. And it’s even worse when they’re being guided not by a constant star like the Constitution, but instead by a raging case of Trump Derangement Syndrome.
After all, what else could convince even a woke judge to straight up defy SCOTUS?
The second reason his defiance is dangerous is because it sets an alarming precedent. What if more judges decide that confederacy looks more appealing than federalism since, you know, they don’t like the people’s decision from November 5? (I’m dying to hear one of them lecture us on “Democracy” while he actively subverts the will of the electorate and the law of the land and the Supreme Court.) What happens if we have more judges, and then possibly waves of judges, decide they will simply ignore SCOTUS?
Well, the short answer is that those judges should be removed by Congress through impeachment or by SCOTUS itself. But we know Democrats would be enraged by that, perhaps even more than by ICE raids.
Imagine the Los Angeles riots happening at scale across America because Trump and SCOTUS dared to make judges follow the law. Of course, the Dems’ revenge once they get back in power would be to pack the court on a level never before imagined.
Should Judge Murphy be removed from the bench?
Forget 13 justices. They’d shoot for 37 justices, which would assure that for at least 40 years the left would have a hammerlock on the court.
The action/reaction/counter-reaction chain that Murphy’s building is frightening.
But there’s another piece here that’s far more tangible. If SCOTUS doesn’t get the courts out of Trump’s way, it will take more than two decades to deport these illegals.
Grok and I did a little work earlier. Let’s assume that Biden let in 12 million illegals. I know a lot of people say it could be north of 20 million, but we’re going to be super conservative and just say 12 million. I’m not saying that’s the right number — just that this is the number we’re going to use for our little project below.
Right now there are roughly 700 immigration judges across 68 courts who can decide about 1,800 cases per day, five days per week. If we add in variables like whether the cases are expedited or not, and whether multiple appearances are required or not, we end up estimating it will take somewhere between 18 and 21 years to handle all 12 million illegals Biden ushered in.
That figure assumes everything goes relatively smoothly and that ICE continues to bust about 1,800 illegals per day, every weekday for 18 to 21 years. And then that assumes that neither Dems in Congress nor the White House interfere across the next five presidential and 10 congressional elections. Oh, and remember that there’s already a backlog of 4 million cases.
What can we conclude other than that Murphy and his confederates and Confederates (see what I did there?) want it to take 20 years to undo Biden’s invasion of illegals?
That gets us to the core issue. We have 12 million illegals. None have a right to be here, and so far the country approves of enforcing the law and removing them (and who cares if the country doesn’t approve of the law, let’s change it through Congress, not ignore it). But there’s a big problem because beginning in the 19th century, SCOTUS began granting constitutional rights to illegals.
That means we have, for all intents and purposes, an unsolvable problem with SCOTUS jurisprudence that prevents laws from being enforced for 20 years. That’s not a tolerable situation. So what do we, a law-abiding people, do to solve this?
Well, if you ask me, we turn to ancient Rome.
Cicero dealt with an idea the Latin calls “Necessitas non habet legem,” or “Necessity has no law.” It was incorporated into English common law and was referenced by Blackstone in the 1700s. It’s the idea that at times of extreme crisis, necessity may have to dictate action despite the law. A simple example is breaking speed limit laws as you rush your wife who’s in labor to the hospital.
Cicero didn’t actually use that phrase, but he did use the phrase “Salus populi suprema lex esto,” or “The welfare of the people shall be the supreme law,” in his work “De Legibus,” meaning “On the Laws,” Book III, and it shows up again in English Common Law and in John Locke and Edward Coke. It’s essentially a defense of emergency powers for public safety or urgent utilitarian decisions.
The world we’re inhabiting right now doesn’t give us a good choice on deportation. We’re stuck with multiple bad choices, which means we have to pick the least bad.
For MAGA and people like me, those two options are clear: either we protect due process for non-citizens, which will allow rampant law-breaking, emboldening others to break the law, crippling social services, importing dangerous criminals, and eroding wages; or we protect American citizens from those same evils at the cost of temporarily removing due process protections for (and this is extremely important) non-citizens.
For me and MAGA, the choice is clear. We are America First, and America First also means American citizens first. That’s the necessity. And as Cicero might say, necessity has no law. Deportation is a must, and it can’t take 20 years.
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