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The race-discrimination claim died alongside the stay. “After Mullin, which included a constitutional race-discrimination claim, the Court cannot discern a path to concluding that Plaintiffs will succeed on the merits of this claim,” Burroughs wrote.
Rep. Ogles had said it plainly when he filed the impeachment articles: “SCOTUS made it very clear that lower courts cannot suspend TPS. Yet, an Obama-appointed judge is defying the Court and the Constitution in an attempt to subvert the will of the President.”
He was right. The timing of Burroughs’ reversal — coming shortly after the impeachment articles were formally introduced — suggests that the prospect of congressional accountability sharpened her legal analysis considerably. Whether that accountability mechanism is the right way to discipline wayward district court judges is a legitimate debate. What isn’t a debate is the result: the deportations can proceed.
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