Zip:
I think that’s quite likely. The 9th Circuit runs left, but the law is in Trump’s favor.
Via Newsmax:
President Donald Trump will lose the appeal on the nationwide ban on his travel executive order — but he will prevail before the Supreme Court, famed civil-rights attorney Alan Dershowitz told Newsmax TV on Wednesday.
“I do not believe that this order constitutes a violation of the establishment clause of the Constitution,” the Harvard Law School professor emeritus told “Newsmax Prime” host J.D. Hayworth. “The fact that they picked seven Muslim states, those are the states that have high levels of terrorism.
“We’re talking about Islamic terrorism.
“When you focus on real victims or real perpetrators — and the impact is heavily on one particular religion, that doesn’t create a constitutional problem.
Why not split up the 9th circuit. Maybe you would get one sane court. The 9th as it stands now has always been loony.
All we can hope is they judge based on the law and not feelings or agenda.
Dershowitz has a walnut sized brain like most all liberals do he is too darn stupid to tell wheather its night or day a typical liberal lawyers and all around big mouth
Hey Alan Dorkowitz the citizens of europe want a ban on immagrints from muslim nations why dont you please go soak your head
Donald Trump is not president of Europe. The United States is unlikely to see hundreds of thousands of unscreened Muslims showing up on our doorstep each month, because there’s already a screening process, there’s an ocean in the way, and they can’t swim that far. Our situation differs markedly from the European situation.
Around 30 minutes ago: Federal appeals court maintains suspension of Trump’s immigration order
When Fox News reported the “decision” by the 9th Circus, they called it “stunning”.
Hardly.
It was fully predictable. These are liberal judges and liberal judges judge to support the liberal agenda. They don’t even make a pretense of employing law.
This is one of the reasons electing Trump was so important; we have quite enough liberal activist judges, thank you very much. That is another swamp that desperately needs draining.
The 9th Circus Court has been the nations most overturned court remember this was the same circus court that ruled against the Pledge all becuase of one idiot atheist fool
U.S. Appeals Court’s Ruling Against Trump’s Travel Ban—the full text of the ruling.
From the ruling:
In other words, President Trump, in the opinion of the court, you may not make pronouncements that are immune from the checks and balances provided by the Constitution of the United States.
Try arguing otherwise before the Supreme Court, and see what they tell you. The Supreme Court is not going to render a decision that curtails its own constitutional authorities and responsibilities.
If we lose at the Supreme Court, every terrorist attack on US soil will be laid at the feet of liberals. But they won’t care about our dead and wounded, or the friends and family members of the victims, they’ll still twist the facts in order to blame President Trump.
Thanks Greg I did a quick search earlier to find he written court denial and was not able to find what you posted, tons of opinion articles but there is nothing like having the actual document so you can read it and make your own decision on it.
Quite interesting the court mentions the hardship on colleges that are trying to attract foreign students and hire professors for anti-semite instruction.
http://abcnews.go.com/Blotter/visa-program-struggles-track-missing-foreign-students.
But think that the addition of allowing religious persecution some how unfairly discriminates against these persons. They mention Muslim ban, when the total Muslim population in these 7 countries doesnt make a significant total of the planets total Muslim population.
Yup the 9th circuit court holding records for cases over-turned will continue its reputation of agenda driven decisions. I just wish they were forced to take a few into their homes.
http://downtrend.com/katrina/liberal-teacher-houses-muslim-refugee-co-worker-comes-in-to-find-horrifying-surprise
The ruling comes as no surprise. The original TRO dealt nothing with the law. The President and Congress have plenary power as lawfully statuted. The judge never applied the actual law but instead initially created a ruling based on emotion.
8 U.S. Code § 1182 – Inadmissible aliens
@Greg: A stay by a liberal Attorney General is upheld by a liberal mock-court that denies a US code which EXPLICITLY STATES the President has the power to do what he did. Nothing could express more clearly how the left disregards law and the Constitution in order to fight threats to their failed ideology.
@Petercat: Make no mistake, liberals don’t care. That is not just rhetoric, that is a fact. The left LOVES it when a terrorist uses a firearm to carry out a terror attack because they use it to further their anti-gun, disarmament agenda. Without anything positive to offer the American people, the left CRAVES human misery to exploit.
Never let a crisis go to waste… even if you have to produce it yourself.
Should there be a terrorist attack following this absurd ruling, it will be these judges who will be directly responsible for the attack.
President Trump will be completely absolved of any responsibility, period.
July 4th American> I agree 100% hold these idiot judges liable and responsible lock them up and throw away the key our nations security is at stake and we must must not jepordize it to appease whining little snowflakes and the Useless Nations and that gose for the jerks with their WELCOME REFUGEES signs
@Spurwing Plover, #16:
The question is whether you want a nation governed by the Constitution, or a dictatorship.
What many Trump voters think they understand—but clearly don’t—is how our constitutional government is supposed to work. The following is from a Public Policy Polling release that came out today, based on the results of a survey conducted February 7-8:
Think about what that means for a moment. Over one-half of Trump voters believe Donald Trump should personally be able to overturn court decisions that he doesn’t agree with, while only 33 percent of Trump voters think he should not have this power.
There was no application of the Constitution in the deplorable judicial activism by the 9th circuit.
The court had no judicial relevance with regard to national security.
The law in the case was never referenced.
Trump Says New Action on Immigration Coming: “You’ll Be Seeing Something Next Week”
Zero Hedge ^ | 02/10/2017
This was not judicial activism. It was an decision to uphold a ruling blocking a specific instance Executive Office overreach, which will have the effect of putting the matter of before the Supreme Court. That’s where the constitutionality will be decided, as should be the case.
Ignoring the constitutional problems with a presidential directive so broad and arbitrary as this would set a precedent. We could see a whole series of such directives, moving us one step at a time farther and farther away from constitutional government. It’s a constitutional function of the Judical Branch to maintain balance and keep that from happening.
The Trump administration needed to be given a little time out. They needed a reminder that a president cannot simply command that a thing be so, and have it automatically be so. There are limits set by law.
Trump is trying to portray this as some sort of emergency situation, relying on broadly generalized fear—which he is certainly doing his bit to promote—to stampede his supporters in the direction he wants the country to go. He’s trying to tell people the court is endangering the people. This is bullshit. The courts are protecting the Constitution and the rights of the people.
It’s not an emergency situation, and his ill-considered directive immediately had very negative impacts on a lot of people that constituted a threat to no one. If he wants to do something quickly, he should have his legal advisers look at the applicable laws and then do something more precisely.
DACA
I-821D Deferred Action
The seattle judges TRO did not even reference the law supporting the EO.
A good theory explaining the poll results cited in #17 might be that the heads of more than 50 percent of Trump voters are full of total nonsense—thanks largely to the places where they’re getting their “alternate facts” and thanks to their inability to figure things out for themselves. If that becomes true of voters in general, you can kiss constitutional government in America good bye.
I’m becoming increasingly convinced that Donald Trump is the greatest danger this nation has faced in a very long time.
‘We’re going to see more’: Sanctuary cities cave in face of Trump’s funding threats
Several towns, cities and counties around the nation are caving to President Trump’s threat to pull funding, and abandoning their “sanctuary” pledges to shield illegal immigrants from federal authorities.
Dayton, Ohio, dropped a policy that restricted the city’s cooperation with immigration officials pursuing illegal immigrants arrested for misdemeanors or felony property crimes, according to the Dayton Daily News. Police Chief Richard Biehl said federal authorities will no longer be impeded by the city when pursuing illegal immigrants being held by his department.
Other communities that have dropped policies of shielding illegal immigrant suspects from Immigration and Customs Enforcement include Miami-Dade and Dayton, are Saratoga, N.Y., Finney County, Kan., and Bedford, Penn., according to The Center for Immigration Studies, which keeps a list of sanctuary communities.
“We are reviewing policy changes at a multitude of other jurisdictions as well,” said Marguerite Telford, CIS’s director of communications, who said the organization is “being inundated” by officials on its sanctuary map who want to be taken off.
(Excerpt) Read more at foxnews.com …
Judge Robart asking a government attorney, “How many (terrorism-related) arrests have there been of foreign nationals for those seven countries since 9/11?”
When the attorney said that she didn’t have that information, Robart responded: “Let me tell you. The answer to that is none, as best I can tell. So, I mean, you’re here arguing on behalf of someone that says: We have to protect the United States from these individuals coming from these countries, and there’s no support for that.”
Unfortunately, the “best (he) could tell” wasn’t exactly all that factual. As The Associated Press pointed out, several high-profile terrorism arrests have taken place involving refugees from those nations.
Charles Kurzman, a sociology professor at the University of North Carolina-Chapel Hill told The Associated Press that 23 percent of Muslim-Americans charged with extremism-related terrorist offenses since the 9/11 attacks have come from the seven countries on Trump’s temporary ban list.
http://www.americanfreedomlawcenter.org/press-release/ninth-circuit-upholds-ban-on-american-flag-shi
So much for freedom of expression
ICE Arrests 160 in Sweeping California Enforcement, Possibly More Across 6 States
Perhaps the leftists can judge shop and find a lunatic “judge” like the bozo in seattle to put a TRO on this action making similar absurd claims as the bozo “judge” in seattle did.
If they are here illegally, round them up and send them back to where ever they came from. As word gets out this is happening, self deportation will become a new industry.
Maybe some coyotes will emerge to assist the “travelers” in their efforts to leave…..
Ice would also be advised to create a fast exit lane at the border(s).
Oh, the winning… it’s often too funny. The Ninth Circuit Court of Appeals is now independently, on its own impetus, requesting an internal vote on a full panel en blanc hearing to review its own decision.
Additionally, the full ninth are asking the Trump administration to file an additional brief telling the court why the three member original appeals ruling authority was wrong. In essence, the smart judges know what wasn’t considered, and are now looking for an out.
You just can’t make this stuff up.
https://d3bsvxk93brmko.cloudfront.net/datastore/general/2017/02/10/17-35105_Supplemental%20Briefing%20Order.pdf
“In law, sua sponte (Latin: “of his, her, its or their own accord”) or suo motu “on its own motion” describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties.”
In other words, Trump did not request the ruling to be heard en banc. This action is by and of itself of the court. what this means is the court likely realizes they grossly errored. And judicial malfeasance like this has serious consequences.
The 9th circuit cannot begin to argue it is a court of law when a 3-judge panel upholds a decision without any reference to much less analysis of the law in force, the statutory interpretation, according to accepted cannons of interpretation, an analysis of the applicability to the order, and an effort to determine which parts of the order might be in violation of which parts of the statute and further any effort to conform the statute to the U.S. constitution.
No competent judge could read either the lower court decision or the appellate panel decision and conclude that appropriate judicial review was conducted.
Patently obvious, and President Trump would be a fool to fall into their trap. He has no legal obligation to engage in this foolishness.
Next week he should rescind the previous EO and issue another EO and tell the 9th circuit to GFthemselves……
By the court deeming EVERYONE on the planet has due process rights if they wish to waltz in and get US government freebies, they never took that decision beyond the fart in their brain, just how would that be accomplished?
Even the left has abandoned defending this ridiculous ruling.
Congress would well be within its Constitutional perogative to break up this court, and it would be sending a message to all that the judiciary is to rule on the law not political idealogy.
Study Reveals 72 Terrorists Came From Countries Covered by Trump Vetting Order