Posted on 02/08/2017 12:47:08 PM PST by Yo-Yo
Aren’t these the same morons who want gun control??? What a schizophrenic world view ...
Agree but ALSO
This was heard in the light. Much of the nation including law students, lawyers , other jurists and just we the people were listening in & discussing what was being done
Even Greg Jarret on Fox gave it to them on air in a very public way!
It does have a reputation for liberal rulings as the "Ninth Circus" but it has grown so big what really counts is which three judges you draw. There are conservatives on that bench.
There have been proposals to break it up into at least two circuits, but so far nothing on which people would agree.
I don't read anything into not issuing an immediate ruling. A three judge panel can't make an instant decision like a single District Court judge; they have to deliberate. They probably also want to read some case law and draft an opinion that could survive Supreme Court scrutiny.
According to the pundits on FNC last night, the guy sent over by the Department of Justice wasn’t well prepared...they did not hold out a lot of cause for optimism that the judges would find in favor of Trump.
“it means that any Executive Order can be invalidated by a new Administration”
This is already true.
Everyone knows who they are.
And they will be cited hundreds of times if there is a terrorist attack by somebody holding a green card or visa from one of these countries.
They would require armed guards for the rest of their lives.
“but I can tell you that a court isn’t supposed to weigh in on whether a law or rule is “needed”
That is the very basis of Robart’s order. He ruled that there was no “rational basis” for the EO.
Just like there’s no rational basis for having your garbage picked up on Tuesdays. It’s the absolute lowest threshold for law.
OF COURSE there is a rational basis.
I did not think that the Justice Dept. Lawyer did very well. He was pretty ineffectual. When asked directly if the view on their right of review, he hedged and stuttered and mumbled. The correct answer is that the President’s power in this matter is constitutionally his as well as the legislation.
The statute reads that the President may take such action when in his opinion it is warranted. The Judiciary has no business is this matter. They can review the statute to see if it is constitutional, but that is not the question before them.
The idea that one district court can put all the other districts in jeopardy is truly an overreach.
My 2 cents. The 9th is meeting behind closed doors to try to come up with some form of judicial activism convoluted logic that says that the Executive order is illegal and unconstitutional. That is what the two states charged. For the AG to declare this unconstitutional, he argued that the by identifying 7 mostly Muslim Countries, he created a State religion and that is forbidden by the Constitution. Say what? The 9th will come up with something really convoluted and that will sever as the basis for all judicial confirmation hearings of any Trump judicial appointment. While I pray that there will not be any form of terrorist attack, if there is one, I hope that the District judge and the 9th Circuit judges are presented with a tantÅ and asked to do the “right thing.” https://en.wikipedia.org/wiki/Seppuku
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