Temporary Injunctions?

[DDT951]

Can someone please help me to understand how exactly the Federal Court system works?

I read this.
https://www.cnn.com/2018/11/14/media...ing/index.html
CNN and Acosta filed suit on Tuesday. The case was assigned to Judge Timothy J. Kelly, a Trump appointee.
On Wednesday afternoon Kelly heard arguments over the proposed temporary restraining order and preliminary injunction from Theodore Boutrous, an attorney representing CNN, and Justice Department attorney James Burnham

The I read this.

https://www.cnn.com/2018/11/15/media...ned/index.html
Either way, this is just round one. By filing for a temporary restraining order, CNN is seeking what's known as "emergency relief." CNN is arguing that Acosta's First Amendment rights are being violated every day he is banned from White House grounds.



This is where it gets confusing. Why does a reporter get an emergency hearing with days because everyday he claims his rights are violated. He is asking for temporary restraining order preventing the government (President Trump) from doing something until the course case is settled because he claims his rights are being violated every day. In another court case, John Caldera has asked for temporary restraining orders, for the citizens of Boulder because their rights are being violated every day the law is in effect.


So my question is why does a reporter get an emergency hearing and the citizens of a somewhat large city having their rights violated do not get emergency hearing and TROs? Can someone explain how this who court system works and why liberal causes (2013 mag ban) allow the laws to go in effect that could affect someone's rights but anything that is a conservative cause (think Amendment 92, booting a disrespectful and possibly dangerous person from the presidents home) seem to get immediate TROs and the laws can't be put in effect until all challenges have been settled?

What am I not understanding?

[Bailey Guns]

What am I not understanding?

I'd like an answer to this as well. Unfortunately, I don't understand anything about how the world seems to operate these days. Day is night, night is day, wrong is right...it never ends. I'm trying to learn to live with it and ignore it.

[Jamnanc]

Audiobooks work fir me.

[DDT951]

https://www.foxnews.com/politics/jud...nns-jim-acosta

"I will grant the application for the temporary restraining order I order the [government] reinstate the pass," U.S. District Judge Timothy J. Kelly ruled from Washington.

[Rumline]

So my question is why does a reporter get an emergency hearing and the citizens of a somewhat large city having their rights violated do not get emergency hearing and TROs?

Easy. One is a member of the anointed class, the others are hoi polloi.

[Martinjmpr]

OK, just read this:

White House press secretary Sarah Sanders said in a statement. “In response to the court, we will temporarily reinstate the reporter’s hard pass. We will also further develop rules and processes to ensure fair and orderly press conferences in the future. There must be decorum at the White House.”

So Pandora's box remains closed -for now. But with this president, one can imagine future challenges.

Here's one: Suppose the Dem - controlled House, when they go into session in January, goes Full Retard and starts an investigation. They subpoena various officials to testify, let's say former AG Sessions.

Sessions tears up the subpoena and tells the House to get stuffed. What then?

Like the courts, the House of Representatives has no "police force" they can send. They can ASK for US Marshalls to enforce the subpoena but the Marshalls work for .... the Executive Branch! So unless Trump or the new AG orders the Marshalls to enforce the subpoena, there's nothing the House can do except yell and cry and stamp their feet and hold their breath until they turn blue in the face.

So a Constitutional stalemate occurs.

[Skip]

Because Acosta's rights are clearly superior!!!

Boulder gun owners are dirty/bad people who don't belong.

Same reason Obama can legitimize DACA by Executive fiat but a JudgeInHawaii rules that Trump lacks the authority as Executive to rescind the same.

One thing is good, the other is bad. Goodness/badness overrides written law.

---

In all seriousness, we are living in post-legal, post-Constitutional society* that continues to exist because the governed continue to give their consent to lawless government.

OP's Boulder example is perfect. That ordinance stands in clear contradiction of Federal and CO Constitution and criminalizes people who have committed no crime.

Everyone went to work the following Monday. Everyone continued to pay their taxes.


* It's not a country without borders.

[Bailey Guns]

In all seriousness, we are living in post-legal, post-Constitutional society* that continues to exist because the governed continue to give their consent to lawless government.

That's what I was getting at in the other thread when I wrote this:

When has anyone (by that I mean an organized group) REALLY resisted ANY gun control measure that's been instituted in this country in our lifetimes? I can't think of an instance. Not in 1934. Not in 1968. Not in 1986. Not in 1994. Not in 2013. Resistance has occurred in the courts for the most part. And the record is mixed. Yet we have hundreds of millions of guns in the hands of ordinary people.

We're generally a law-abiding society. It's what we do because we believe in it. Or, at one time we did. It seems the sentiment is changing into one that says, "Yeah...that legal stuff really doesn't work for me. I want it my way."

[wyome]

Are Mr. Acosta's 1st amendment rights being violated/ obstructed, or it the 1st amendment rights of his employer??

He isn't attending press conferences as a concerned citizen, but rather as an employee of a publication...

[DavieD55]

Acosta shouldn't be allowed anywhere near the WH. He's not a reporter. He's a provocateur who is only there to create a scene and manufacture discontent and discord. The guy is NOT the news. He's just an opposing opinion head shameless globalist/marxist. I hope the judge is ignored.