Federal judge finds state lacks standing, denies Oregon attorney general's motion to restrict federa

[swag]

Source: The Oregonian

By Maxine Bernstein | The Oregonian/OregonLive

A federal judge Friday denied a restraining order that Oregon’s 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 itself—I 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

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Note: this is just one of the lawsuits in process.

[chillfactor]

1. Fuc***g judge.

[matt819]

2. If the state doesn't have standing, who does?

This sounds like a recipe for a dictatorship.

[rurallib]

10. no kidding - it is like federal judges are just making up their own laws now

just like their boss

[2naSalit]

25. Well they've placed enough of them now.

[Liberal-Of course]

30. bush appointee

Was anyone betting against?

[FloridaBlues]

17. That's what I was wondering, now what?

[cstanleytech]

27. At a guess? Someone that this actually happened to probably.

[Bev54]

29. There was an article a few days ago that basically

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]

31. Read this.

https://www.nbcnews.com/news/us-news/judge-denies-oregon-push-limit-federal-agents-during-arrests-n1234898

"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]

32. Which is why....

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]

3. Oregon should defend with its National Guard

And ignore the Judge.

[rickyhall]

7. Problem is: The Prez has ultimate command over NG since Little Rock.

[StClone]

15. I thought only in acts of state sedition-but you are completely correct

[jorgevlorgan]

4. But another federal judge issued a restraining order.

Which means there is still a restraining order, right?

[vsrazdem]

8. No, the restraining order was issued in regard to journalists members of the press, and

official observers only. This was the ACLU lawsuit where they prevailed on behalf of the media.

[FirstLight]

5. WTAF

our Constitution is in shreds

[Cha]

6. :( Best of Luck Portland Oregon.. TY AG Rosenblum

[diva77]

9. Bush appointee (Dubya)

https://www.fjc.gov/history/judges/mosman-michael-w

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]

14. Probably fro the Lewiston Idaho Mosman family

Big time Morman family grinding out generations of conservative lawyers...

[haele]

24. Clerk for Justice Lewis Powell, eh?

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]

11. This is why...

McConnell and his merry band of thugs in the Senate are working so diligently to fill federal courts.

[riversedge]

12. and filling them with RW thugs. yes. they are.

[regnaD kciN]

13. This is a lot bigger than this particular case...

...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]

16. That's all trump needs so he will do what he wants in sending brown shirts to cites

This will not turn out good. Just what America needs now. Uprising and more violence.

[noneof_theabove]

18. liar liar pants on fire

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]

19. APPEAL fast

[Ferrets are Cool]

20. Our constitutional rights being burned to the ground...

[cos dem]

21. I'm so sick of "standing" being used as an excuse for not doing something.

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]

22. Wow, we're in trouble.

[LiberalFighter]

23. Call Washington's National Guards out and smoke the feds out.

[2naSalit]

26. It's a checkmate...

Nat Guard can be immediately called under control of fuckwad as soon as they deploy. Not the solution.

[mahatmakanejeeves]

35. And send them across the Columbia River? NT

[CaptainTruth]

28. Do the protesters whose rights are being violated have standing?

[usajumpedtheshark]

33. Time to march en masse to Washington DC

[sinkingfeeling]

34. Appeal it.

[MineralMan]

36. "Acting on behalf of the citizens of the State of Oregon, we pray the court..."

States have standing in defending the rights of their citizens.

Poor decision.

[malthaussen]

37. No standing? That's ridiculous.

Oh, well, win some, lose some.

-- Mal