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In a remarkably partisan, and bizarre, decision,
The 11th Circuit U.S. Court of Appeals judges, in the split decision, said Florida and federal officials will suffer irreparable harm absent a stay and that dismantling the facility “will come at a significant cost” to the state.
“It is entirely unclear to us, moreover, how the district court concluded that it could order the proactive dismantling of the Facility by way of a mandatory preliminary injunction,” Judge Barbara Lagoa, who Gov. Ron DeSantis appointed to the Florida Supreme Court in 2019, wrote for the 2-1 majority.
But Judge Adalberto Jordan wrote in dissent that the majority ignores the irreparable harm imposed on the environmental groups in the case.
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Unsurprisingly, the 2 Judges using the stay are Trump appointees. The rationale is absurd. At this juncture, the facility is practically empty, unless federal officials are lying about that too, so how it can cause "irreparable harm" to the government is a mystery.... that apparently only Trump appointees can fathom.
I expect an en banc appeal in short order. The majority rationale is simply that ridiculous.
The decision is here.
Federal appeals court blocks judge's order shutting down Alligator Alcatraz (Politico)
TALLAHASSEE, Florida — A federal appeals panel in Atlanta on Thursday blocked a judge’s ruling requiring state and federal agencies to shut down the Alligator Alcatraz immigrant detention center.The 11th Circuit U.S. Court of Appeals judges, in the split decision, said Florida and federal officials will suffer irreparable harm absent a stay and that dismantling the facility “will come at a significant cost” to the state.
“It is entirely unclear to us, moreover, how the district court concluded that it could order the proactive dismantling of the Facility by way of a mandatory preliminary injunction,” Judge Barbara Lagoa, who Gov. Ron DeSantis appointed to the Florida Supreme Court in 2019, wrote for the 2-1 majority.
But Judge Adalberto Jordan wrote in dissent that the majority ignores the irreparable harm imposed on the environmental groups in the case.
______
Unsurprisingly, the 2 Judges using the stay are Trump appointees. The rationale is absurd. At this juncture, the facility is practically empty, unless federal officials are lying about that too, so how it can cause "irreparable harm" to the government is a mystery.... that apparently only Trump appointees can fathom.
I expect an en banc appeal in short order. The majority rationale is simply that ridiculous.
The decision is here.