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News Clash

SCOTUS Ruling On Illegal Aliens And Identity Theft Was A Razor-Thin Decision

Why are Schumer and the others suddenly speaking out about the Judicial Branch? Simple: they no longer have the political advantage there they used to have.

Now that Gorsuch and Kavanaugh have been put in as Originalist judges, razor-thin decisions have an honest shot at tilting in the direction of the Constitution as written, not as they imagine it should be interpreted as a so-called ‘living document’.

The Left doesn’t like that one bit.

Today’s story is one example of why they don’t like it.

One well-intentioned court decision…

In Flores-Figuroa vs. United States, the Supreme Court ruled that illegals using counterfeit social security cards could not be prosecuted for identity theft unless they knew that the bogus social security number belonged to a real person. The decision was 9-0, but three justices made it clear that their concurrence was based on the fact that the law provided for a greater penalty for users of social security numbers belonging to real people than it did for those belonging to no one or to a deceased person.

When the US Supreme Court in the travesty known as Arizona vs. United States ruled that states have no authority to enforce US immigration law…thank you, John Roberts, for again selling the nation down the river in order to try to bond with the liberals on the court….it opened a can of worms for any judge or court which is sufficiently woke and ambitious enough to use it. One of those instances happened in Kansas. —RedState

… was applied in a test case…

On August 26, 2012, Officer Mike Gibson pulled Garcia over for speeding. Gibson asked Garcia where he was going in such a hurry. Garcia replied that he was on his way to work at Bonefish Grill. Based on the results of a routine records check on Garcia, Gibson contacted Detective Justin Russell, who worked in the financial crimes department of the Overland Park Police Department. Russell was in the neighborhood and came to the scene to speak with Garcia.

The day after speaking with Garcia, Russell contacted Bonefish Grill and obtained Garcia’s “[e]mployment application documents, possibly the W-2, the I-9 documents.” Russell then spoke with Special Agent Joseph Espinosa of the Social Security Office of the Inspector General. Espinosa told Russell that the Social Security number Garcia had used on the forms belonged to Felisha Munguia of Edinburg, Texas.

As a result of the investigation, Garcia was charged with one count of identity theft. —RedState

… by an ambitious woke judge to strike down the illegal alien’s identity theft charges.

That precedent was appealed back to the Supreme Court… which ruled this week.

The 5-4 ruling, with the court’s conservative justices in the majority, overturned a 2017 Kansas Supreme Court decision that had voided the convictions of three restaurant workers for fraudulently using other people’s Social Security numbers.

In the opinion written by Justice Samuel Alito, the high court found that Kansas did not unlawfully encroach on federal authority over immigration policy.

The court’s four liberal justices disagreed. While a 1986 federal law called the Immigration Reform and Control Act did not explicitly prevent states from pursuing such prosecutions, they said in a dissent written by Justice Stephen Breyer, the law’s overall purpose hands the policing of work authorization fraud “to the federal government alone.” —Reuters

Related Story…

Chief Justice Roberts Slaps Back After Senator Chuck Schumer Threatens Two Justices By Name

Wes Walker

Wes Walker is the author of "Blueprint For a Government that Doesn't Suck". He has been lighting up since its inception in July of 2012. Follow on twitter: @Republicanuck