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Politics : About that Cuban boy, Elian -- Ignore unavailable to you. Want to Upgrade?


To: epicure who wrote (6806)6/1/2000 12:17:00 PM
From: Ilaine  Read Replies (1) | Respond to of 9127
 
I don't think anyone could accuse Judge Edmonston of wanting to make Castro happy, so that argument is specious, IMO. He is the one who granted the injunction, and he's no admirer of Castro.

He's also the author of the opinion, the excerpt I read said that the decision was mandated by the U.S. law on immigration, which grants plenary powers to the Attorney General. The Attorney General's decision not to grant an asylum hearing was only reviewable if there was a violation of law or an abuse of discretion, which the court did not find. Under the doctrine of separation of powers, the court was not free to substitute its own judgment for that of Congress (legislative branch) nor the Attorney General (executive branch).

I am sure that all good conservatives agree that it is not the place of the judiciary to re-write laws that Congress wrote. Judicial activism is something that all conservatives abhor.



To: epicure who wrote (6806)6/1/2000 12:19:00 PM
From: art slott  Read Replies (1) | Respond to of 9127
 
Donuto Darlymple's 100 min. lotto suit just took a big hit.