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Bush, George W.

Court Decision on Elian Gonzalez Sparks Mixed Reactions

Strategic Insights

— 1 min read

Conservatives and liberals alike expressed strong views on the court's decision to deny Elian Gonzalez an asylum hearing, but the two politicians seeking support in the center, Vice President Al Gore and Gov. George W. Bush, chose to respond cautiously. The decision has left some questioning the balance between judicial restraint and immigration policy.

Key Takeaways:

  • Conservative Republicans initially demanded an investigation and hearings for Elian's removal, but quickly retreated when public support shifted towards the government action.
  • Senator Robert C. Smith (R-NH) called the decision "a sad judgment and a tragedy for this little boy," while Robert W. Edgar, general secretary of the National Council of Churches, expressed disappointment that it didn't happen earlier.
  • Governor George W. Bush of Texas suggested that Vice President Al Gore should persuade Attorney General Janet Reno to send the case to a Florida family court, while Gore said the decision should be "respected" but believed a Florida family court should have dealt with the case.
  • The majority opinion by Judge J. L. Edmondson of the United States Court of Appeals for the 11th Circuit emphasized judicial restraint, citing that the judiciary should respect the policy-making powers of the executive branch.
  • Liberals expressed pleasure at the result, but some, like Howard Simon of the American Civil Liberties Union, noted that the decision was a consequence of Congress giving too much discretion to the immigration service and Department of Justice.

Statistics:

  • 11: The number of times the majority opinion suggested that the Immigration and Naturalization Service might have made wrong decisions in the case.
  • 20: The number of years of "Republican platform" language cited in the opinion's conclusion.
  • 1996: The year the immigration act was passed, which denied judicial review to aliens the I.N.S. found deportable.

Sources:

  • The New York Times, "Conservatives and Liberals Find Fault in Federal Court Ruling for Elian"
  • United States Court of Appeals for the 11th Circuit, Opinion of Judge J. L. Edmondson
  • American Civil Liberties Union of Florida, "ACLU Says Congress's Hand in Deportation Process is Getting Out of Control"

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