Last week, federal trial court Judge Kate Menendez issued a temporary restraining order prohibiting use of tear gas and other riot control weapons by ICE in Minneapolis.
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An administrative stay pauses a lower court’s order while the appeals court hears the substantive appeal. Supposedly, it does not indicate the appeals court’s views of the the merits. The Eighth Circuit’s order granting the stay is unsigned and gives no reason or context for it. 2/
But in the meantime people are getting kidnapped and gassed in the streets whereas without the stay people would stop being kidnapped and gassed while they hear the merits of the case.
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An administrative stay pauses a lower court’s order while the appeals court hears the substantive appeal. Supposedly, it does not indicate the appeals court’s views of the the merits. The Eighth Circuit’s order granting the stay is unsigned and gives no reason or context for it. 2/
The Eighth Circuit is notoriously right wing. It has the largest Republican-appointee majority of any federal appellate court. Trump appointed four of these, 2 of whom were rated “not qualified” by the ABA. https://ballsandstrikes.org/nominations/trump-judicial-nominations-preview-appeals-court-part-2/ 3/
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But in the meantime people are getting kidnapped and gassed in the streets whereas without the stay people would stop being kidnapped and gassed while they hear the merits of the case.
@gbargoud @heidilifeldman Oh they 100% know that it's a Constitutional violation. If law was still a thing they straight up would have refused.
No, this is 100% intentional so that the Constitutional violations can continue by design as fast as possible until they can get to the actual case to declare officially that the regime is above the law.
Project 2025 must have its civil war against America.
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The Eighth Circuit is notoriously right wing. It has the largest Republican-appointee majority of any federal appellate court. Trump appointed four of these, 2 of whom were rated “not qualified” by the ABA. https://ballsandstrikes.org/nominations/trump-judicial-nominations-preview-appeals-court-part-2/ 3/
See also https://www.nytimes.com/2026/01/11/us/politics/trumps-appeals-court-judges.html. “…there is increasingly such a thing as a Trump judge. The president’s appointees voted to allow his policies to take effect 133 times and voted against them only 12 times. Ninety-two percent of their total votes were in favor of the administration. That figure far outstrips support for Mr. Trump’s agenda from appeals court judges appointed by other Republican presidents, and from Mr. Trump’s appointees to the district courts.” 4/
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See also https://www.nytimes.com/2026/01/11/us/politics/trumps-appeals-court-judges.html. “…there is increasingly such a thing as a Trump judge. The president’s appointees voted to allow his policies to take effect 133 times and voted against them only 12 times. Ninety-two percent of their total votes were in favor of the administration. That figure far outstrips support for Mr. Trump’s agenda from appeals court judges appointed by other Republican presidents, and from Mr. Trump’s appointees to the district courts.” 4/
I have zero confidence in the Eighth Circuit or the Roberts Court meaningfully adjudicating the Minneapolis plaintiff-protesters’ claims that ICE in Minnesota is violating the 1st and 4th Amendments of U.S. Constitution, often by using violent and retaliatory tactics. 5/
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See also https://www.nytimes.com/2026/01/11/us/politics/trumps-appeals-court-judges.html. “…there is increasingly such a thing as a Trump judge. The president’s appointees voted to allow his policies to take effect 133 times and voted against them only 12 times. Ninety-two percent of their total votes were in favor of the administration. That figure far outstrips support for Mr. Trump’s agenda from appeals court judges appointed by other Republican presidents, and from Mr. Trump’s appointees to the district courts.” 4/
@heidilifeldman I wrote about this, and some ways to cure it. We had a chance to do this during the Biden era but now it would take Congress passing a law and overriding a veto.)
"Do We Need Rubber Rooms for Federal Judges? Two Plans To Reduce The Long Tailed Impact of Trump Judicial Appointees"
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I have zero confidence in the Eighth Circuit or the Roberts Court meaningfully adjudicating the Minneapolis plaintiff-protesters’ claims that ICE in Minnesota is violating the 1st and 4th Amendments of U.S. Constitution, often by using violent and retaliatory tactics. 5/
There was no legal compulsion for the Eight Circuit today to administratively stay the trial judge’s temporary restraining order. Grant or withholding of an administrative stay is discretionary. But apparently the 8th Circuit is more concerned with giving permission to ICE continue marauding than with any effort to check it, however temporarily. 6/
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There was no legal compulsion for the Eight Circuit today to administratively stay the trial judge’s temporary restraining order. Grant or withholding of an administrative stay is discretionary. But apparently the 8th Circuit is more concerned with giving permission to ICE continue marauding than with any effort to check it, however temporarily. 6/
Meanwhile, today in Minneapolis, federal agents appear to be pepper spraying a protester WHILE three agents are holding him down on the ground. 7/ https://www.startribune.com/ice-raids-minnesota/601546426
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Last week, federal trial court Judge Kate Menendez issued a temporary restraining order prohibiting use of tear gas and other riot control weapons by ICE in Minneapolis. She found ICE was using them in violation of protestors’ 1A rights. She also prohibited ICE from violating protestors’ 4A rights by unlawful searches and seizures. Today, the Eighth Circuit Court of Appeals has granted the Trump regime an administrative stay of Menendez’s injunction. 1/ #LawFedi https://storage.courtlistener.com/recap/gov.uscourts.ca8.113629/gov.uscourts.ca8.113629.00805436077.0_2.pdf
@heidilifeldman utterly insane
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I have zero confidence in the Eighth Circuit or the Roberts Court meaningfully adjudicating the Minneapolis plaintiff-protesters’ claims that ICE in Minnesota is violating the 1st and 4th Amendments of U.S. Constitution, often by using violent and retaliatory tactics. 5/
@heidilifeldman I have zero confidence in most courts. Even if they are even-handed, MAGAmoron has shown courts can be ignored and no one cares.
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Meanwhile, today in Minneapolis, federal agents appear to be pepper spraying a protester WHILE three agents are holding him down on the ground. 7/ https://www.startribune.com/ice-raids-minnesota/601546426
Also in Minneapolis today. https://www.startribune.com/ice-raids-minnesota/601546426 8/
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Also in Minneapolis today. https://www.startribune.com/ice-raids-minnesota/601546426 8/
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Meanwhile, today in Minneapolis, federal agents appear to be pepper spraying a protester WHILE three agents are holding him down on the ground. 7/ https://www.startribune.com/ice-raids-minnesota/601546426
@heidilifeldman This should be on the front page of every newspaper and the opening story of every newscast
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Meanwhile, today in Minneapolis, federal agents appear to be pepper spraying a protester WHILE three agents are holding him down on the ground. 7/ https://www.startribune.com/ice-raids-minnesota/601546426
@heidilifeldman The cop at UC Davis that did this not only got away with it, he was given disability payout for "PTSD". https://en.wikipedia.org/wiki/UC_Davis_pepper_spray_incident
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Meanwhile, today in Minneapolis, federal agents appear to be pepper spraying a protester WHILE three agents are holding him down on the ground. 7/ https://www.startribune.com/ice-raids-minnesota/601546426
@heidilifeldman considering the instructions for use, that looks a tiny bit like attempted murder
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Meanwhile, today in Minneapolis, federal agents appear to be pepper spraying a protester WHILE three agents are holding him down on the ground. 7/ https://www.startribune.com/ice-raids-minnesota/601546426
@heidilifeldman @AnarchoNinaWrites that's ok. what you're going to do to the agents is worse. right? or is this just ok
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Also in Minneapolis today. https://www.startribune.com/ice-raids-minnesota/601546426 8/
@heidilifeldman The cool thing about courts is that you can simply ignore illegitimate ones.
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Also in Minneapolis today. https://www.startribune.com/ice-raids-minnesota/601546426 8/
If you have a couple of bucks to spare, please participate in the Mastodon for Minneapolis fundraiser, to benefit the Immigrant Rapid Response fund serving metro Minneapolis. https://www.grapevine.org/giving-circle/doWhZ3Z/Mastodon-for-Minneapolis
More information in my pinned post. 9/9 -
Meanwhile, today in Minneapolis, federal agents appear to be pepper spraying a protester WHILE three agents are holding him down on the ground. 7/ https://www.startribune.com/ice-raids-minnesota/601546426
This just crushes my heart.
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P pearl22@troet.cafe shared this topic
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But in the meantime people are getting kidnapped and gassed in the streets whereas without the stay people would stop being kidnapped and gassed while they hear the merits of the case.
@gbargoud
No they wouldn't. Chump and ICE are already violating the constitution and ignoring court orders that they don't like. What makes you think they would suddenly follow the rules on this one?
