Bench Memos

Law & the Courts

Compare and Contrast, Daughtrey vs. Thapar

Here’s how Sixth Circuit senior judge Martha Craig Daughtrey’s opinion in Lopez-Soto v. Garland opens:

In an era in which it is difficult to find any issue upon which a large percentage of Americans agree, few people would dispute that our nation’s immigration system is broken and is need of a structural overhaul. Admittedly, a not-insignificant number of Americans believe that any change to our immigration statutes should result in shutting our borders to almost all individuals, or at least to all potential immigrants who are not blond-haired and blue-eyed.

What a vicious sentiment to impute to “a not-insignificant number of Americans.” And note how she uses “Admittedly” not to admit anything but rather to try to bolster her charge.

Sixth Circuit judge Amul Thapar’s opinion concurring in the judgment:

I have my doubts about the wisdom of courts opining on hot-button political issues or the motives of citizens who hold one position or another in those debates. And as someone who is neither blond-haired nor blue-eyed and who has benefited directly from the kindness of the American people, I believe that the American Dream is alive and well for persons of all stripes.

(Judge Daughtrey and the judge who joined her opinion, Judge Karen Nelson Moore, are Clinton appointees. Judge Thapar was appointed to the Sixth Circuit by President Trump.)

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