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Trump’s travel ban: Why the 9th Circuit could flip and unexpectedly grant a stay
Fox News Online ^ | February 8th, 2017 | Robert Charles

Posted on 02/08/2017 12:47:08 PM PST by Yo-Yo

The U.S. Court of Appeals, 9th Circuit, undertook an extraordinary review Tuesday evening, hearing arguments for and against a stay of district court action that blocked President Trump’s Executive Order on immigration. From the outset, it was a pitched battle before a notoriously liberal Circuit. That said, the Justice Department acquitted itself well – and may have won an upset. If not the Super Bowl, there were surprises.

Kick off was simple. Justice briefed a three-judge panel on the need for a temporary pause in migration from seven countries identified by Congress and the prior Administration as terrorist risks. They laid out the President’s constitutional authority, equities against the temporary restraining order, and law that supported a swift stay.

Seconds in, the Carter appointee Judge William Canby interrupted proceedings, demanding “evidence of the need for this executive order.” Findings were patiently offered, including the need to review refugee screening and visa process, as well as recent events.

(Excerpt) Read more at foxnews.com ...


TOPICS: Society
KEYWORDS: 9th; circuit; ninthcircuit; ninthcircus; refugees; travelban; trump
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Given that the 9th Circus has said 'no decision today,' I thought this would make for an interesting read. The author makes some valid points regarding yesterday's questioning, but goes way too far with the football analogies.
1 posted on 02/08/2017 12:47:08 PM PST by Yo-Yo
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To: Yo-Yo

If they do it will be for one and only one reason.

Because they are soiling their britches at the thought of what will happen to them if there IS a terror attack.

Trump will hang it around their necks like a flock of albatrosses.


2 posted on 02/08/2017 12:48:41 PM PST by Buckeye McFrog
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To: Buckeye McFrog

The stay should have been issued practically immediately.

No doubt they’re working hard. It takes a long time to build a tower of bs.


3 posted on 02/08/2017 12:51:58 PM PST by Ray76 (DRAIN THE SWAMP)
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To: Yo-Yo

Trump has set a trap for the 9th Court.
If they say he exceeded his authority, most of Obama’s did also and then by default, are invalid.
If they rule in favor, it means that any Executive Order can be invalidated by a new Administration.

I suspect the 9th Circus is trying to create a ruling that keeps either of these possibilities from happening.


4 posted on 02/08/2017 12:52:55 PM PST by Zathras
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To: Yo-Yo

If they are not releasing a statement today, that can only be because they are not going to grant a stay. This is a judicial coup!


5 posted on 02/08/2017 12:54:36 PM PST by JoSixChip (Cruz <- sleaze; Clinton <- criminal; Trump <- winner)
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To: Yo-Yo
Perhaps.

But what seems much more likely is that the Court didn't buy the national security argument. Otherwise the stay would have been lifted by now with an opinion to follow.

Instead they are probably tidying up their opinion knowing the scrutiny that is coming. And setting the table for the lefties at the Supreme Court.

6 posted on 02/08/2017 12:56:05 PM PST by plymaniac
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To: Yo-Yo

Plus, today the judges might receive a list of names of terrorists from those seven countries. Per Liz Clayman, it’s a “secret list” that was just released.

If you’ve DVRed, and you’re able go to the top of the hour (3:00 Eastern), the info is there.


7 posted on 02/08/2017 12:56:43 PM PST by MayflowerMadam (If you think the party that freed the slaves are the racist ones, you probably are a liberal.)
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To: Yo-Yo

Hannity just said the court will not be ruling today.


8 posted on 02/08/2017 12:57:11 PM PST by Ray76 (DRAIN THE SWAMP)
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To: Zathras

Further, they surely realize that anyone dying because of their action will be blood on their hands. That outweighs the people inconvenienced by the ban. Besides, in the court of public opinion, the president’s rights are rather clear, making court involvement political and unsupportable.


9 posted on 02/08/2017 12:57:40 PM PST by Reno89519 (Drain the Swamp is not party specific. Lyn' Ted is still a liar, Good riddance to him.)
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To: Zathras

migraine bttt


10 posted on 02/08/2017 12:58:38 PM PST by txhurl (The LEFT are screaming at the Tsunami, and the Sky, trying to set fire to the Ocean- S.Tom)
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To: Yo-Yo

What absolutely pisses me off is that they claim they will lose hi tech employees from these countries!
Give me a freakin break!

How dumb do they think Americans are?
We all know its about foreign tuition coming in faster than Americans. They want compliant workforce drones who are paying top dollar to come into America and which coincidentally could be future democrats.

Mr. President, please put a stop to it!


11 posted on 02/08/2017 12:58:47 PM PST by Daniel Ramsey (Thank YOU President Trump, finally we can do what America does best, to be the best!)
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To: Yo-Yo

The 9th Circuit is in San Francisco..AKA, lib stronghold. I dont expect these libs to rule in Trump’s favor but if they do I’ll be shocked


12 posted on 02/08/2017 12:59:44 PM PST by Sarah Barracuda
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To: Yo-Yo
Given that the 9th Circus has said 'no decision today,' I thought this would make for an interesting read.

If i had to guess I would say they're going to drag this out as long as humanly possible to do what they believe will be the worst political damage to President Trump.

It won't work. The media is in a full throated roar against Trump. It's all they got. They're worried that Trump's policies and ideas will be wildly popular if implemented. They should be worried.

13 posted on 02/08/2017 1:00:25 PM PST by DouglasKC
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To: Yo-Yo

The 9th circus based in SanFag sicko???bwahahahahahayhahahaha ! They’ll dance on Kate Steinle’s grave!


14 posted on 02/08/2017 1:01:40 PM PST by VRWC For Truth (FU Shmuckie Shoomer (Rat-NY) and Prick Durbin(Rat-IL))
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To: Zathras
If they rule in favor, it means that any Executive Order can be invalidated by a new Administration.

isn't that true anyway ?
15 posted on 02/08/2017 1:01:43 PM PST by stylin19a (Terrorists - "just because you don't see them doesn't mean they aren't there")
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To: Daniel Ramsey

I have worked in IT for 35 years and dealt with all this “Off Shore” H1B nonsense since 2000. They all come from India, some Pakistan, and some China. None from the 7 countries listed in my experience. It is a Red Herring.


16 posted on 02/08/2017 1:10:43 PM PST by Jimmy The Snake
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To: Yo-Yo
the Carter appointee Judge William Canby interrupted proceedings, demanding “evidence of the need for this executive order.”

I'm not a lawyer, but I can tell you that a court isn't supposed to weigh in on whether a law or rule is "needed".

17 posted on 02/08/2017 1:11:22 PM PST by the_Watchman
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To: Zathras; Yo-Yo; hoosiermama

Yes, Obammy’s actions -did- get addressed; from the article:

“... Maybe the winning points – came last. From Clifton. Arguments of national origin, as a basis for discrimination, flew in the face of past lawful orders. Cuba for example? This is the prerogative of a president, right?...”

I like the play-by-play format...


18 posted on 02/08/2017 1:12:09 PM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: Daniel Ramsey

It appears Trump is trying to put a stop to it.


19 posted on 02/08/2017 1:12:10 PM PST by TexasCruzin (Trump is the man. #TrumpPence16)
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To: the_Watchman

the Carter appointee Judge William Canby interrupted proceedings, demanding “evidence of the need for this executive order.”


Funny.....I never remember them doing that for Obama.


20 posted on 02/08/2017 1:19:12 PM PST by rbg81 (Truth is stranger than fiction)
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