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Friday, March 03, 2017

A WIN FOR THE CONSTITUTION AND THE POWER TO DREAM

Judge Milton Hirsch granted a habeas petition today, striking down the cowardly Miami-Dade policy of letting the federal government bully the county and the dade county jail into holding people in jail, although their case is over, while the feds decide if they want to deport them.

Seems like the feds have a point... "bad hombres" and all that running wild.But there's this little, tiny, insy-winsy thing called the Tenth Amendment. And here is what Judge Hirsch had to say about that:

"No doubt the limitations imposed by the tenth amendment, like so many limitations imposed by the Constitution, are a source of frustration to those who dream of wielding power in unprecedented ways or to unprecedented degrees. But America was not made for those who dream of power. America was made for those with the power to dream."

Here is the entire order for President Bannon Trump to peruse. He could ask the attorney general to take a gander, but he is otherwise occupado for a while on other matters.


Well done Judge Hirsch, Well done indeed.

Lacroix Habeas Order by Anonymous espiON9E on Scribd





From Occupied America...Fight the Power, which Judge Hirsch did so admirably today.

10 comments:

Anonymous said...

There is no better ACADEMIC Judge on the bench than Judge Milton Hirsch. His orders are the finest, most interesting, most intellectual and he follows the law. He is a SCHOLAR of the Constitution. The other judges on the criminal bench know very little compared to him.

The new Judges in the Criminal Division could take lessons on writing orders, knowing the law and being prepared by just sitting in on Judge Hirsch.

Anonymous said...

CJ Milton Hirsch's order in this case lacks the usual, and highly anticipated, plethora of learned words of his previous magistral opinions. Nonetheless, our disappointment is tempered by the inclusion of illustrious words such as "Exegesis", "Bailiwick", "Satrapies" and "Illimitable" within the main text of the opinion and quotes from Holy Writ and from the Bard in Richard III within the footnotes.

Anonymous said...

Ummm.... you know that's actually the County's response right, and not Hirsch's order?

Which, much like the pompous one's last foray into hearing himself write (remember the mens rea cocaine cases?) is bound to end in a benchslap.

Juan Gonzalez said...

This is great stuff from two great minds. I applaud Judge Hirsch and Philip Reizenstein who had the clarity to see this issue as a violation of the Tenth amendment. I am proud to be a member of a profession inhabited by men like these.

Anonymous said...

Kudos to Judge Hirsch!

Anonymous said...

Well done Phil.

Anonymous said...

Waiting for the dribble of "MAGA posts to come in...

Theodore Mastos said...

Well said by Juan Gonzalez. We are truly blessed to have people in our profession who have no fear. The pursuit of justice is not for the timid.
Theodore G. Mastos

Theodore G. Mastos said...

Well said by Juan Gonzalez. I, too, am proud to be a part of a profession in which people have no fear. The search for justice is not for the timid and faint of heart. Besides, getting blasted in a Trump tweet will be a badge of honor.

Anonymous said...

Judge Hirsch has more brains and courage than anyone else on the criminal bench. Those who mock him, including the 3DCA, are jealous cowardly half-wits. Judge Hirsch represents the majestic possibilities of the law. I feel proud to have practiced before him.