Federal judge finds state lacks standing, denies Oregon attorney general's motion to restrict federa
Source: The Oregonian
By Maxine Bernstein | The Oregonian/OregonLive
A federal judge Friday denied a restraining order that Oregons attorney general sought to restrict federal officers tactics in Portland, finding the state lacked legal standing.
U.S. District Judge Michael W. Mosman issued his ruling after hearing about 90 minutes of argument on Wednesday.
Because it has not shown it is vindicating an interest that is specific to the state itselfI find the State of Oregon lacks standing here and therefore deny its request for a temporary restraining order,' Mosman ruled in the 14-page decision.
Oregon Attorney General Ellen Rosenblum had urged the judge to bar federal officers from engaging in unconstitutional police state-type tactics,' alleging the federal officers have violated the protesters rights to free expression and assembly, unreasonable search and seizure and due process.
Read more: https://www.oregonlive.com/crime/2020/07/federal-judge-finds-state-lacks-standing-denies-oregon-attorney-generals-motion-to-restrict-federal-police-actions.html
Note: this is just one of the lawsuits in process.
chillfactor
(7,587 posts)matt819
(10,749 posts)This sounds like a recipe for a dictatorship.
rurallib
(62,478 posts)just like their boss
2naSalit
(86,920 posts)Liberal-Of course
(18 posts)Was anyone betting against?
FloridaBlues
(4,013 posts)cstanleytech
(26,349 posts)Bev54
(10,088 posts)said it was going to be hard for the state to stop this because of the states own constitution whereby they have provision for feds to be able to come into the state. They need to make some changes or it can happen anytime.
pepperbear
(5,648 posts)"Legal experts who reviewed the case before the ruling warned that he could reject it on those grounds. A lawsuit from an individual who alleged federal agents violated their freedom of speech or rights against unconstitutional search and seizure would have a much higher chance of success, Michael Dorf, a professor of constitutional law at Cornell University, said ahead of the ruling."
louzke9
(296 posts)Some of those pulled off the street WITHOUT probable cause and held were never charged with anything, no paperwork. As individuals they can try and sue, but how do they prove they were picked up illegally. Don't know the names of the federal agents and there won't be a record of an arrest.
StClone
(11,692 posts)And ignore the Judge.
rickyhall
(4,889 posts)StClone
(11,692 posts)jorgevlorgan
(8,351 posts)Which means there is still a restraining order, right?
vsrazdem
(2,177 posts)official observers only. This was the ACLU lawsuit where they prevailed on behalf of the media.
our Constitution is in shreds
Cha
(298,017 posts)diva77
(7,676 posts)Mosman, Michael W.
Born 1956 in Eugene, OR
Federal Judicial Service:
Judge, U.S. District Court for the District of Oregon
Nominated by George W. Bush on May 8, 2003, to a seat vacated by Robert E. Jones. Confirmed by the Senate on September 25, 2003, and received commission on September 26, 2003. Served as chief judge, 2016-2019.
Other Federal Judicial Service:
Judge, Foreign Intelligence Surveillance Court, 2013-present
Judge, Alien Terrorist Removal Court, 2018-present
Education:
Ricks College (now Brigham Young University -- Idaho), A.B., 1979
Utah State University, B.S., 1981
Brigham Young University, J. Reuben Clark Law School, J.D., 1984
Professional Career:
Law clerk, Hon. Malcolm Wilkey, U.S. Court of Appeals for the District of Columbia Circuit, 1984-1985
Private practice, 1985
Law clerk, Hon. Lewis F. Powell, Supreme Court of the United States, 1985-1986
Private practice, Portland, Oregon, 1986-1988
Assistant U.S. attorney, District of Oregon, 1988-2001
U.S. attorney for the District of Oregon, 2001-2003
BlueIdaho
(13,582 posts)Big time Morman family grinding out generations of conservative lawyers...
haele
(12,692 posts)No wonder there's not a concer.about the states atttemoting to protect we right to protest the mighty Federal Government when it's cracking down on "civil rights" claimed by the unwashed hoi-polloi who childishly rebel against their rightful, Moral, wealthy ruling elite.
Powell was an uptight elitist hypocrite.
Let's see how he rules when the parties he says are the only ones "with standing" come before him asking for an injunction.
Haele
karin_sj
(816 posts)McConnell and his merry band of thugs in the Senate are working so diligently to fill federal courts.
riversedge
(70,441 posts)regnaD kciN
(26,045 posts)...because, if this stands, it's setting the precedent that states have no authority whatsoever to challenge whatever the federal government chooses to do within that state's boundaries. Those on the right might want to consider that this eliminates any pretense of their beloved "state's rights" as well...
FloridaBlues
(4,013 posts)This will not turn out good. Just what America needs now. Uprising and more violence.
noneof_theabove
(410 posts)what happened to the smaller federal government and give to the state.
The Feds have a right in the state to protect any and all federal holdings, outside of the this is out of bounds
bluestarone
(17,105 posts)Ferrets are Cool
(21,116 posts)cos dem
(903 posts)I get the idea that you can't have some random yahoo filing suit allegedly on someone else's behalf. But anymore I think it's an excuse for judges to decline to do the right thing. This idiot probably assumes, rightly, that if he issues a profa ruling, he'll be labeled a fascist. But, he doesn't want to actually defend the Constitution, so make up some bullshit about standing lets him get out without looking like the pro-fascist that he is.
mountain grammy
(26,666 posts)LiberalFighter
(51,299 posts)2naSalit
(86,920 posts)Nat Guard can be immediately called under control of fuckwad as soon as they deploy. Not the solution.
mahatmakanejeeves
(57,727 posts)CaptainTruth
(6,616 posts)usajumpedtheshark
(672 posts)sinkingfeeling
(51,493 posts)MineralMan
(146,350 posts)States have standing in defending the rights of their citizens.
Poor decision.
malthaussen
(17,235 posts)Oh, well, win some, lose some.
-- Mal