Posted on 03/16/2017 7:28:50 PM PDT by Ray76
a federal judge in Hawaii put President Donald Trump’s latest Middle East travel ban on hold.
the judge’s ruling has some serious problems. Here are a few of them.
1. Feelings, Nothing More Than Feelings
Trump said the temporary travel restriction was needed for national security. In issuing his temporary restraining order, Watson said Trump’s order was a result of nothing more than religious animus against Muslims. The judge’s order is predicated on what he thinks Trump wants to do, not the order itself.
Throughout the ruling, Judge Watson concedes there’s nothing about the executive order that would be problematic if not for his interpretation of Trump’s statements made in the months and years prior to issuing it. He repeatedly states his feeling that Trump had a bad motive in issuing the order.
2. Selective Quotations
Watson’s temporary restraining order focuses exclusively on campaign rhetoric from Trump and his advisors. He dismisses the government’s desire to “focus on the Executive Order’s text, rather than its context” by waving it away and discussing Trump’s press releases and cable news talking points. But those statements are selectively quoted.
4. Confusion about the Establishment Clause
The plaintiffs in the case [] said the executive order denies them their right to associate with family members overseas and results in “having to live in a country and in a State where there is the perception that the Government has established a disfavored religion.”
The problem is that Watson neglects to note that the Establishment Clause has not been held by courts to apply to immigration policy.
5. Judicial Overreach
Indeed, it’s hard to see how the logic of this temporary restraining order would ever permit a Trump administration to have any immigration policy whatsoever with regard to majority-Muslim countries.
(Excerpt) Read more at thefederalist.com ...
This is a textbook case of the Judiciary taking a political stand.
I for one, think Trump may stand up on this case, but we will see.
This is a sign of an out-of-control Judiciary branch, in my opinion.
1- The judge went to law school with Obama
2- The judge was appointed to the bench by Obama
3- The judge blocked the travel ban shortly after Obama traveled to Hawaii.
How a single judge can halt orders like this is beyond me. Tyranny of the black robes anyone!?
We all know this is true but none of it will matter until one of two things happen:
1. Gorsuch is confirmed and empaneled on the Supreme Court.
2. The 9th circuit is threatened enough (and they seem to be feeling the pressure by their recent statements)with a breakup that they actually apply the law OBVIOUSLY and rule that the Trump EO is correct in order to try to avoid the breakup.
I bet on No. 1.
There was another Idiot Woman on Tucker Carlson tonight saying that the Ruling was wonderful because Trump talked about banning Muslim Immigration “during his Campaign”.
She cited that as one of the reasons for the Injunction.
You just want to reach through the TV and strangle them.
Why didn’t they go back to Robards? Bought Lefty Judges got to bid on issuing this pre-written “opinion”? Did the leftist 9th circus have a prepared plan about where this EO would be considered? The 9th needs to be investigated under RICO.
IIRC, there is no basis to grant any non citizen not physically present in the USA any Constitutional protections or guarantee of Rights unless present here.
As it stands now, any Orders from the President regarding immigration will be struck down by some liberal judge somewhere based solely on emotion.
Trump needs to set a trap for them and it may take some time while Ditch is turtled up and dragging his 4 webbed feet on Gorsuch.
There’s only ~700 Federal Judges to shop from.
For those who do not know what, “Feelings, nothing more than feelings...” is.
https://www.youtube.com/watch?v=AnFxAnbJD8A
“John Marshall has made his decision; now let him enforce it!” Andrew Jackson
If I was Trump, and I’m not, I would just lay low a while on this one till Gorsuch is in. Move on with the wall.
The only problem here is that Trump is willfully subordinating himself.
I love Trump but this is just idiotic.
He should have told the Seattle judge he was out of his jurisdiction, read the law on TV, said goodnight. But he blinked...
The main plaintiff in the case is an IMAM with ties to the Muslim Brotherhood and the largest mosque in Hawaii. He said a 90 day ban will do irreparable harm to him/ his mosque. How can this stand??
“The judge’s order is predicated on what he thinks Trump wants to do, not the order itself.”
Funny how the FBI could not find any wrong intent when it came to Hillary admittedly breaking the law.
Yet, here we have a judge criminalizing intent.
Intent ONLY matters when a crime is committed.
When someone is following the law, intent does not matter.
The judge is inventing thought crimes.
This judge is not an idiot. He structured his decision as a political appeal based on emotion because he knew there was no way to support his action based on law and precedent. Knowing he would be overturned, he delayed action until just before the order was to take effect. This is just another in a pattern of the delay and harassment tactics employed since President Trump was elected. I am not sure it will stop until there are some real consequences. It is possible for a higher court to slap one of these political judges down hard enough to stop this practice but I don’t hold out a lot of hope for that to happen.
>Throughout the ruling, Judge Watson concedes there’s nothing about the executive order that would be problematic if not for his interpretation of Trump’s statements made in the months and years prior to issuing it. He repeatedly states his feeling that Trump had a bad motive in issuing the order.
This judge needs to be arrested for sedition. If the courts continue to disobey the law and the Constitution then they should be abolished. No one is above the law.
That may have worked 150 years ago, but not now. Trump is not the one who has to enforce the order. Hundreds of low level staffers and agents are not going to risk breaking the law...
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