Obama-Appointed Judge Proves SCOTUS Right … By Trampling All Over Their Ruling

Invading another country is against the law. Unless that country is the United States, and unless you utter that magic incantation: “I’m seeking asylum.”

U.S. District Judge Randolph Moss claims President Donald Trump’s Proclamation “Guaranteeing the States Protection Against Invasion” is illegal. The Jan. 20  proclamation restricts the entry of illegal aliens into the United States and authorizes operational actions to “repel, repatriate, or remove any alien engaged in the invasion across the southern border.” (RELATED: SCOTUS Justice Takes Bold Stand Against The Constitution)

You may recall that, days ago, the U.S. Supreme Court ruled that universal injunctions “likely exceed the equitable authority that Congress has given to federal courts.” Moss thinks he’s discovered a workaround. He’s not directing the executive branch to do something; he’s just directing them not to do something. 

To try to circumvent the Supreme Court ruling on nationwide injunctions a marxist judge has declared that all potential FUTURE illegal aliens on foreign soil (eg a large portion of planet earth) are part of a protected global “class” entitled to admission into the United States. https://t.co/IWWd2nddVC

— Stephen Miller (@StephenM) July 2, 2025

“It is one thing to read the phrase ‘authority to enjoin or restrain the operation of the provisions of part IV’ to prevent lower courts from issuing class-wide injunctions directing how the Secretary and Attorney General should implement the covered provisions … It would be a different matter altogether to read that phase to preclude a court from enjoining the implementation of the Proclamation,” Moss argues.

Negligence is no small crime. Moss’ opinion seems confirmation of the Biden-Harris administration’s absolute bungling of national security. If Border Czar Kamala had made even a dent in the number of illegal crossings, Moss surely would’ve come out of the woodwork to still her hand. 

The Obama-appointed judge concludes that “neither the [Immigration and Nationality Act (INA)] nor the Constitution grants the President or the Agency Defendants authority to replace the comprehensive rules and procedures set forth in the INA and the governing regulations with an extra-statutory, extraregulatory regime for repatriating or removing individuals from the United States, without an opportunity to apply for asylum or withholding of removal and without complying” with the United Nations Convention Against Torture (CAT). 

Trump’s proclamation cites heightened public safety and national security risks wrought by unfettered, unvetted migration. It offers the example of terrorists, international cartels, and transnational criminal organizations, all of which might establish a surer presence in the United States without border security. (RELATED: Joe Biden’s Border Failures Come Back To Haunt Trump At Time Of Crisis)

A single federal judge should have no authority over a nation’s sovereignty. https://t.co/WzNJnAblau

— Adam Johnston (@ConquestTheory) July 2, 2025

The proclamation also argues “innumerable aliens potentially carrying communicable diseases of public health significance illegally cross the southern border and enter communities across the United States … millions of aliens who potentially pose significant threats to health, safety, and national security have moved into communities nationwide.” Not to mention the collective billions drained from taxpayer coffers for medical care, related services, and increased law enforcement directed towards illegal aliens. 

Judge Moss’ opinion does not concern the buffet of (very good) reasons to amend America’s broken immigration system. He instead takes issue with the government’s claimed authority in fixing that system. 

Moss concludes that the segments of the U.S. Code cited in Trump’s proclamation do not provide “the President with the unilateral authority to limit the rights of aliens present in the United States to apply for asylum.”

Moss further quarrels with the constitutionality of the proclamation. Article II of the Constitution vests executive power in the President of the United States; Article IV guarantees each state protection against invasion.

Those clauses cannot “be read to grant the President or his delegees authority to adopt an alternative immigration system, which supplants the statutes that Congress has enacted and the regulations that the responsible agencies have promulgated,” Moss argues. 

The brevity, clarity, and foresight of the founders are never more apparent than when read alongside modern legal opinions. Moss’ opinion would see an entire class (illegal aliens) granted protection from Trump’s proclamation. Voiding Trump’s proclamation would fold nearly the entire world’s population into a protected class of asylum seekers. 

Justice Alito proven right within days. https://t.co/aRFz0IjhGO

— Mollie (@MZHemingway) July 2, 2025

Justice Samuel Alito warned of such abuses in his concurrence in Trump v. CASA, Inc. (RELATED: Vicious SCOTUS Fight Proves One Judge Is In Way Over Her Head)

The court’s ruling against universal injunctions “will have very little value if district courts award relief to broadly defined classes without following ‘Rule 23’s procedural protections’ for class certification.” Federal Rule of Civil Procedure 23 permits members of a class to sue, or be sued, as representatives of their class — provided certain conditions are met. 

The rule “may permit the certification of nationwide classes in some discrete scenarios. But district courts should not view today’s decision as an invitation to certify nationwide classes without scrupulous adherence to the rigors of Rule 23,” Alito cautions. “Otherwise, the universal injunction will return from the grave under the guise of ‘nationwide class relief,’ and today’s decision will be of little more than minor academic interest.”

Moss might’ve waited more than a week to prove Alito right.

Follow Natalie Sandoval on X: @NatalieIrene03