This is a story about two judges- Robert R. Summerhays and Christopher Cooper. Summerhays was appointed by Donald Trump while Cooper was appointed by Barack Obama. They have handed down two rulings with very different perspectives and it says a lot about why they were appointed.
Summerhays granted a temporary restraining order halting Biden from lifting Title 42, which, by all accounts, would lead to a tsunami of illegal immigration, which is what democrats want despite the fact that it could lead to as many as 30 million illegals in the country by 2025.
A federal judge in Louisiana, appointed by former President Donald Trump, is expected to block President Joe Biden’s plans to end the Title 42 public health authority at the United States-Mexico border.
Weeks ago, the Centers for Disease Control and Prevention (CDC) announced that on May 23 the Biden administration would end Title 42. The authority was first issued by Trump in 2020 and has allowed federal immigration officials to quickly return illegal aliens to their native countries after having crossed the southern border.
Soon after the announcement, Arizona Attorney General Mark Brnovich, Louisiana Attorney General Jeff Landry, and Missouri Attorney General Eric Schmitt filed a lawsuit arguing that ending Title 42 will place an undue burden on their states and that the administration violated the Administrative Procedure Act (APA) in doing so.
On Monday, Judge Robert R. Summerhays granted a temporary restraining order that is likely to prevent Biden from ending Title 42 while the case makes its way through federal court.
“Today, the court announced its intention to grant a temporary restraining order in Missouri, Louisiana, and Arizona’s lawsuit against the Biden administration over their planned suspension of Title 42,” Schmitt said in a statement.
“This temporary restraining order is expected to keep Title 42 in place until further court proceedings, a critical win for border security and the rule of law,” he continued.
Landry celebrated the decision, writing on Twitter that “Biden’s reckless decision to rescind Title 42 would have flooded our already stressed southern border with illegal immigrants.”
And the key:
“Fortunately, today a judge has granted our request to halt this enormous threat to our national security,” Landry said. “We will continue to ensure that citizenship means something and that those in this country illegally are not conferred greater rights than our citizens.”
Judge Cooper also handed down a ruling of his own:
A federal judge on Monday slapped limits on special counsel John Durham using the inaccuracy of Trump-Russia collusion claims in his prosecution of Democratic lawyer Michael Sussmann.
Sussmann was indicted last September for allegedly concealing his clients, Hillary Clinton’s 2016 presidential campaign and Rodney Joffe, from FBI general counsel James Baker in September 2016 after pushing since-debunked claims of a secret back channel between the Trump Organization and Russia’s Alfa-Bank.
Durham says Sussmann similarly concealed his client, Joffe, when he pushed further Trump-Russia collusion claims to the CIA in February 2017.
Judge Christopher Cooper, an Obama appointee, said Durham would not be allowed to present detailed evidence from the CIA demonstrating the falsity of the Alfa-Bank allegations unless Sussmann argued that they were true.
Durham said he wouldn’t present such evidence if Sussmann refrained from arguing that it wasn’t false.
The judge said the defense team had promised at last week’s hearing it “will not seek to affirmatively prove the existence of a link between Alfa Bank and the Trump Campaign.”
There is a stark difference between these two rulings and the judicial philosophies of each. Cooper’s efforts are to limit the damage that could be done to the criminal Clinton campaign cabal. Summerhays’ efforts are to protect the country.
It doesn’t get any clearer than that.