Because of this "the ruling is the long-awaited result of a lawsuit brought by university professors who say the Trump administration is illegally chilling free speech by targeting prominent pro-Palestinian campus activists". He seems to have ruled in their favour not thrown it out or has he thrown out a challenge from Trump to that decision? All the judges comments appear to agree with what the university professors were claiming.
Please read the following neatly summarised comments from the judge of the 161 page document. From another news outlet.
...what sets the ruling apart is its mix of unapologetic evisceration of Trump and admiration for the rights he has trampled on. That it is no ordinary ruling is apparent from the first words of the 161-page decision.
Young, who is 85 years old and was appointed to the bench four decades ago, begins by quoting a postcard he received on June 19 that reads: âTRUMP HAS PARDONS AND TANKS âŚ. WHAT DO YOU HAVE?â Young replies in the ruling:
Dear Mr. or Ms. Anonymous,
Alone, I have nothing but my sense of duty. Together, We the People of the United Statesâyou and meâhave our magnificent Constitution. Hereâs how that works out in a specific caseâ
The judge goes on to write that the case he is deciding is âperhaps the most important ever to fall within the jurisdiction of this district court.â He concludes that there was not an âideological deportation policyâ targeting pro-Palestine speech. Instead, there was something more sinister:
[T]he intent of the Secretaries was more invidiousâto target a few for speaking out and then use the full rigor of the Immigration and Nationality Act (in ways it had never been used before) to have them publicly deported with the goal of tamping down pro-Palestinian student protests and terrorizing similarly situated non-citizen (and other) pro-Palestinians into silence because their views were unwelcome.
By defending that policy, Young writes, the president has violated his âsacred oathâ to âpreserve, protect and defend the Constitution of the United States.â That Trump is âfor all practical purposes, totally immune from any consequences for this conduct,â Young adds, citing the Supreme Courtâs 2024 immunity decision, âdoes not relieve this Court of its duty to find the facts.â
The Reagan appointee is similarly disdainful of Immigration and Customs Enforcementâs conduct under Trump. As he puts it:
Despite the meaningless but effective âworst of the worstâ rhetoric, however, ICE has nothing whatever to do with criminal law enforcement and seeks to avoid the actual criminal courts at all costs. It is carrying a civil law mandate passed by our Congress and pressed to its furthest reach by the President. Even so, it drapes itself in the publicâs understanding of the criminal law though its âwarrantsâ are but unreviewed orders from an ICE superior and its âimmigration courtsâ are not true courts at all but hearings before officers who cannot challenge the legal interpretations they are given. Under the unitary President theory they must speak with his voice. The Peopleâs presence as jurors is unthinkable.
Young is particularly disturbed by ICE agentsâ use of masks while detaining ĂztĂźrk and othersâcalling the governmentâs defense of the practice âdisingenuous, squalid and dishonorable.â He explains:
ICE goes masked for a single reasonâto terrorize Americans into quiescence. Small wonder ICE often seems to need our respected military to guard them as they go about implementing our immigration laws. It should be noted that our troops do not ordinarily wear masks. Can you imagine a masked marine? It is a matter of honorâand honor still matters. To us, masks are associated with cowardly desperados and the despised Ku Klux Klan. In all our history we have never tolerated an armed masked secret police.
Elsewhere in the decision, Young quotes an almost surreal defense mounted by the government at trial. While cross-examining Bernhard Nickelâa German citizen and Harvard philosophy professor who censored himself and abandoned a trip to visit a terminally ill brother abroad following ĂztĂźrkâs arrestâa government lawyer seemed to imply that Nickel was simply imagining things. Specifically, the lawyer quoted the Danish philosopher Søren Kierkegaardâs maxim that âanxiety is the dizziness of freedom.â As Young notes dryly, âIt is an odd kind of freedom that compels one to leave writing unpublished, leadership positions unpursued, and terminally ill relatives unvisited.â
It is apparent throughout the decision that Youngâs horror is born out of patriotism. He laments that the blatant First Amendment violations so carefully catalogued in the case are unlikely to inspire all that much outrage, but calls for a return to what he considers Americaâs ideals:
The United States is a great nation, not because any of us say so. It is great because we still practice our frontier tradition of selflessness for the good of us all. Strangers go out of their way to help strangers when they see a need. In times of fire, flood, and national disaster, everyone pitches in to help people weâve never met and first responders selflessly risk their lives for others. Hundreds of firefighters rushed into the Twin Towers on 9/11 without hesitation desperate to find and save survivors. Thatâs who we are. And on distant battlefields our military âfought and died for the men [they] marched among.â
The final pages of the decision are as unorthodox as its first. They begin with a quote about how â[Trump] seems to be winning. He ignores everything and keeps bullying ahead.â The line, Young explains, comes from a âvery wise woman.â Specifically, his wife.
Young then dissects its meaning and its consequences: âThe Constitution, our civil laws, regulations, mores, customs, practices, courtesiesâall of it; the President simply ignores it all when he takes it into his head to act.â
Young wraps up by quoting Reaganâs lines about how freedom is a âfragile thingâ that is ânever more than one generation away from extinction,â and that, as a result, it must be âfought for and defended constantly.â
Pulling out all the stops, the veteran judge writes:
Iâve read and re-read the record in this case, listened widely, and reflected extensively, Iâve come to believe that President Trump truly understands and appreciates the full import of President Reaganâs inspiring messageâyet I fear he has drawn from it a darker, more cynical message. I fear President Trump believes the American people are so divided that today they will not stand up, fight for, and defend our most precious constitutional values so long as they are lulled into thinking their own personal interests are not affected.