Old City Ray

While the 2 judges who granted the preliminary injunction--GWB appointee Leslie Southwick and Biden appointee Irma Ramirez--turned themselves inside out to insist hundreds of thousands of illegal Venezuelans including those tied to Tren de Aragua poring over the southern border did not represent a predatory incursion, Judge Oldham minced no words: "The danger TdA poses to our Nation is hard to overstate. TdA is not just some gang: It is deeply intertwined with the sovereign nation of Venezuela." AND THIS RIGHT HERE IS THE EVER LOVING POINT: Oldham: "Do we really possess the wisdom and capacity to make sensitive national-security determinations when hostilities begin, but somehow lose them over time? As far as I know, no federal judge has received a single intelligence briefing about TdA and the AEA. So even if the Constitution gave us the power to countermand the political branches’ determinations in this area, we could not possibly do the job with anything more than judicial whim or gut-level instincts based on ill-informed, unbriefed judicial guesswork. Nothing in the AEA extends a clear and affirmative invitation to the courts to begin sticking their noses into sensitive foreign policy decisions implicating the war power. On the contrary, the AEA’s 'terms, purpose, and construction leave no doubt.' Ludecke [the controlling case law] "It leaves 'full responsibility for the just exercise of this great power . . . where the Congress has constitutionally placed it—on the President of the United States.'"