Authoritarianism... Scalito


5 comments posted
Bad law

It appears that this law is not well written and is applied very unevenly. Immigration lawyers complain that its almost a crapshoot as to whether or not someone will get asylum. Complicating the matter is the fact that as the law is written almost ALL Chinese can apply for asylum under the law (e.g., anyone that would like to have more than one kid). This has led to a great deal of human smuggling, forged chinese documents and incredibly uneven applications of an apparently unworkable law. INS attempted to place some limits on the law so it wouldn't apply to every Chinese immigrant by requiring such things as a marriage license, a recent late term abortion or sterilization, etc... However, these are basically stopgap measures and are forcing the judges to make things up as they go. They need to fix the law.

Southern Male's picture
Posted by Southern Male on 8 January 2006 - 3:27pm

Case law is all about judges making JUDGEMENTS. That's the way the system works. Narrowly written statutes will never fill all the gaps. The majority of "the law" is case law, which is nothing but judges making decisions balancing the Constitution, state Constitutions, prior court cases and statutes and regulations with the individual circumstances of a case.

Perhaps we need to rethink about how we treat immigrants. Maybe we need to quick picking and choosing what is a "good" reason for someone to come here. I don't know, but I certainly don't want judges, who're supposed to independant and impartial arbitors, to be toadies for the administrative branch of gov't. We go down that road, we might as well set up Star Chambers and leave it at that, Soviet style kangaroo courts, maybe?

Madman in the Marketplace's picture
Posted by Madman in the M... on 8 January 2006 - 4:47pm

Case law is about making judgements, but this law it too broad and is yielding lots of contradictory judgements. I may not agree with Alito's decision, but this is not an instance when he is off on his own in right field. Lots of judges are weighing in with varied and unpredictable opinions. That's a sign of a bad law. If it is too vague for the judges to come to a reasonable consensus, then it needs to be rewritten. Otherwise, the law is meaningless and it depends on the judge you get that day to determine the law and that is the opposite of what a statutory system is supposed to provide.

Southern Male's picture
Posted by Southern Male on 8 January 2006 - 5:08pm
hmmm landed on a

link with some background on Alito decisions...

LOL My own view (and I am not an atty, merely an interested observer) is that to make a finding reinforcing the narrow take of the US immigration law, in that it (asylum) applies to the husband, a married applicant of a wife forced to undergo coercive Chinese family planning (such euphemism) when the couple at issue were not permitted to marry, is interesting.

But then my own view is that Alito comes from a certain dictatorial rigid strata, the "white ethnics" a generation or two on from immigration.... sort of the Guiliani strata for short hand. LOL not one I share.

Marisacat's picture
Posted by Marisacat on 8 January 2006 - 5:01pm
Alito loves Big Brother, that's for sure

He pretty consistently rules in favor of the gubmint over the people.

Anyone who claims that police strip-searching a 10-year-old girl in her own home and without a warrant is pretty fucking scary.

I truly wonder at conservative support for such a character. Time was that conservatives stood for restricted government. No longer....

media girl's picture
Posted by media girl on 8 January 2006 - 6:31pm