The Supreme Court unanimously upheld a federal statute that forbids encouraging illegal aliens to remain in the U.S. unlawfully.
The Supreme Court justices voided an earlier decision by the Ninth Circuit Court of Appeals, which had ruled that a federal anti-harboring statute was unconstitutional on the grounds that it violated the First Amendment by restricting free speech. The ruling by the nation’s highest court Thursday upholds the law.
The Supreme Court not only vacated the appeals court’s decision, but also criticized the judges for “drastically” straying from judicial norms.
Liberal Justice Ruth Bader Ginsburg (May she lives until 120 but resign now from the Supreme court) wrote the high court’s opinion.
“The appeals panel departed so drastically from the principle of party presentation as to constitute an abuse of discretion,” Ginsburg wrote, that “a court is not hidebound by the precise arguments of counsel, but the Ninth Circuit’s radical transformation of this case goes well beyond the pale.”
This conservative decision is about a court battle that lasted roughly 10 years. The case is now to be sent back to the Ninth Circuit “for reconsideration … bearing a fair resemblance to the case shaped by parties.”