The Ninth Circuit Court of Appeals is, in recent history (1994 – 2015), the most reversed federal court of appeals.
According to Article I, Section 8, Clause 9, “The Congress shall have the Power To: constitute Tribunals inferior to the supreme Court;” which by logical extension would mean they also have the power to dissolve them as they see fit.
With this latest demonstrably absurd ruling, is it time for Congress to act, dissolve and reconstitute the Ninth Circuit?
from Conservative Review:
Ninth Circuit allows Mexican citizens to sue American Border Patrol agents
Just when you thought the stolen sovereignty and erasing of our borders by the Ninth Circuit couldn’t get worse, well, another court opinion comes out.
It’s bad enough that foreign nationals can invade our border, make demands on our agents, demand welfare, demand schooling, be counted in the Census, and claim citizenship for their children. Now foreign nationals can sue our border agents for doing their jobs and protecting us from the perils they foist upon our brave men and women.
In another case of a GOP-appointed judge siding with the most radical legal theories of the Left, Ninth Circuit Judge Andrew Kleinfeld ruled earlier last week that border agent Lonnie Swartz is not covered by qualified immunity, thereby allowing a Mexican woman to sue him for shooting her teenage son during border violence in 2012. In this decision, the court begins to control our foreign policy and military policy and paves the way for family members of Mexicans involved in drug cartels and cross-border violence to shut down our border security even further.
In October 2012, Agent Lonnie Swartz shot a number of rounds through a border fence in Nogales, an Arizona-Mexico border town, and killed 16-year-old Jose Antonio Elena Rodríguez, who was part of a group throwing rocks at border agents after they confronted individuals climbing a fence and smuggling drugs. Swartz was prosecuted under regular criminal law and acquitted earlier this year by a jury on charges of second-degree murder. The jury was deadlocked on charges of involuntary manslaughter, and there may be a new trial.
Whether Swartz should have used lethal force in this case is tough to judge based on the details available, but it underscores just how dangerous our border is and the failure of our government to deal with the problems on the Mexican side of the border.