Keith Ellison's argument for a Temporary Restaining Order to stop Operation Metro Surge was, from the beginning, a legal loser.
His only hope was that the Biden judge he argued before would, as many District Courts have done, ignore the law and rule based on feelz, leaving it to the Appellate Court to reverse the decision and take the political hit for ruling based on the law.
It was not to be. Ellison's pleading rested on the novel theory that federal supremacy does not exist, grounded in the states' sovereign rights under the 10th Amendment. Aside from being the first time since the end of the Civil Rights era when Democrats tried to save segregation, acknowledging that federalism exists, the argument was ridiculous on its face. It amounted to "federal laws don't apply unless the states approve of them.
Full ruling here: https://t.co/PxExrPM6EN
— Lou Raguse (@LouNewsMan) January 31, 2026
Jonathan Turley has been following the legal filings against the Trump administration policies all year, and he called the farcical arguments in this case "frivolous," which is one of those legal terms that says nicely that the whole thing was legal BS.
...This is only the latest meritless challenge filed by Democratic governors and mayors to suggest that these operations are unlawful. It is a pandering to the mob to fulfill a false narrative about these arrests. The mob tactics targeting ICE are obstructing lawful operations...
— Jonathan Turley (@JonathanTurley) January 31, 2026
...As discussed today in the Hill, these politicians are actively attempting to create a mythic account to support mob tactics. https://t.co/oOfPgDZ2jr
— Jonathan Turley (@JonathanTurley) January 31, 2026
It is that last point he made, though that gets to the heart of the matter: it is about creating a myth, not getting a LEGAL result they want. Nobody who filed the case asking for the TRO expected to succeed. It was a public relations move, and fully in line with the now national movement among Democratic governors creating a case for what amounts to a Civil War.
I will write about this soon as a separate piece, but local and state officials, including governors, are now saying that they will use law enforcement to actively impede federal law enforcement, as well as use their intelligence capabilities (license plate readers and the like) to keep activists such as ICE Out informed so they can swarm ICE and CPB.
Walz has been banging this drum for a while, ratcheting up the Civil War rhetoric, going as far as using actual secessionist references.
Tim Walz just THREATENED Tom Homan that Minnesota could have a “Fort Sumter/John Brown moment” if he doesn’t reduce ICE presence. This is no longer protest talk. He’s implicitly saying this could be the OPENING SHOT of a BLOODY organized resistance against federal authority. pic.twitter.com/XnqY17MROg
— Glenn Beck (@glennbeck) January 30, 2026
He is explicitly calling out not protests against federal authority, but violent attacks on the feds, including kicking off the Civil War. The actual f'ing Civil War, which killed half a million Americans.
The Democrats are leaning into this rhetoric, and their activists (insurgents) are responding.
More violence is coming, and that is exactly what the Democrats are calling for and justifying. They don't intend to send their National Guard troops against the feds, but protect the anarchists on the ground as they attack the feds.
This is a legal victory for Trump, but the legal case is not what really mattered. It was Narrative building.
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