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The 9th Circuit's Immigration Order is Weak--Even by 9th Circuit Standards
Kinvig on Politics ^ | 2-10-17 | Cameron Kinvig

Posted on 02/12/2017 9:16:45 AM PST by ckinv368

This week, a 3 judge panel of the 9th Circuit Court of Appeals upheld a lower-court temporary restraining order ("TRO") which held that the US Government could not enforce President Trump's executive order on immigration. The ruling really comes as no surprise--after all, two of the Judges on the 3 Judge panel were appointed by Presidents Carter and Obama, respectively. And it IS the 9th Circuit, which is not exactly a hotbed of conservative thought. After hearing the oral arguments, my only question was whether it would be a 2-1 ruling against President Trump, or a 3-0 ruling. Turns out, we're not even 100% sure on that front (more on that later).

What was unfortunate, however, was just how sloppy the opinion was. It was weak on facts. Weak on law. Weak on analysis. Heavy on conjecture and supposition and misspeak. It's clear that the Judges had an outcome they wanted, and it seems they were simply going through the exercise of writing an opinion so they could get to that outcome. The problem is, the outcome they wanted is, legally speaking, wrong.

Traditionally, Courts have respected . . .

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


TOPICS: AMERICA - The Right Way!!; Business/Economy; Society
KEYWORDS: blogpimp; donaldtrump; immigration; pimpmyblog
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1 posted on 02/12/2017 9:16:45 AM PST by ckinv368
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To: ckinv368

Nowhere was there any ruling on the legitimacy of the order, only on what Trump said MONTHS ago on the campaign trail, as if that were also written on this executive order. This was not a Muslim ban, as Muslims from elsewhere in the world are not subject to the order, and it does not specify “Muslims only”, no matter WHAT interpretation the “so-called” Judge in Washington state tried to put on it.

In fact, it was not even a ban, but a MORATORIUM. Immigration may resume ONCE A RELIABLE VETTING PROCESS IS IN PLACE.

What we have now is vapor and wish.


2 posted on 02/12/2017 9:25:06 AM PST by alloysteel (John Galt has chosen to take the job. This time, Atlas did NOT shrug.)
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To: ckinv368

Obnoxious link. So full of garbage ads on mobile I gave up on viewing it in public.


3 posted on 02/12/2017 9:26:17 AM PST by ctdonath2 (Understand the Left: "The issue is never the issue. The issue is always the Revolution.")
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To: ckinv368

Horrible hosting/ad load. Expect minimal traffic, if that.


4 posted on 02/12/2017 9:31:13 AM PST by Bob (Now, Republicans get to sing "Happy Days Are Here Again". Enjoy the suck, rats.)
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To: ckinv368

For being a Federal Court, their order was weaker than a 9-year-old, who had read a Perry Mason book, would make....


5 posted on 02/12/2017 9:31:54 AM PST by trebb (Where in the the hell has my country gone?)
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To: ckinv368

The Trump administration should not support a reconsideration of the 3-judge panel’s ruling. Let that pathetic order hang out there to FOREVER reveal the 9th Circuit for what it is.

IMHO, the 9th Circuit is DESPERATE to have that order REWRITTEN. Don’t help them out!


6 posted on 02/12/2017 9:33:50 AM PST by House Atreides (Send BOTH Hillary & Bill to prison.)
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To: alloysteel

I hate to even suggest it but if there were any sort of terrorist attack, even the small versions Obama denied were terrorist, but were, then Trump is going to link very good, and the press, courts, Hollywood and left are going to look very bad.


7 posted on 02/12/2017 9:34:39 AM PST by Wildbill22 ( They have us surrounded again, the poor bastards- Gen Creighton William Abrams)
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To: ctdonath2
Download Ghostery Privacy Browser - Android Apps on Google Play

Should clear them all away. I get not 1 ad from there.

8 posted on 02/12/2017 9:37:31 AM PST by Robert DeLong
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To: House Atreides

The problem lies within the realm of the danger it puts ordinary Americans in.


9 posted on 02/12/2017 9:43:29 AM PST by Herman Ball
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To: ckinv368

The judges violated the US Constitution, for which they took an oath. Judicial partisanship won’t stop unless WE make Congress stop them.


10 posted on 02/12/2017 9:51:18 AM PST by Lopeover (The 2016 Election is about allegiance to the United States!)
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To: humblegunner
Do you smell a Blog Pimp ramping up here?
11 posted on 02/12/2017 9:58:32 AM PST by Col Freeper (Liberals: Devoted members of the "Church of the Eternally Offended".)
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To: ckinv368

Stop with pointless postings. Since Trump and his _experts_ cannot read simple law, wherein USConstitution clearly says SCOTUS has Original jurisdiction when a state sues USGOv. Instead Trump’s folks allow the case to be heard in a low level Federal court.

Trump, like any President, needs to follow the law. Do not offer arguments in a court without jurisdiction. Simple state they haven’t any jurisdiction, the case cannot be heard there, and leave.


12 posted on 02/12/2017 10:23:10 AM PST by veracious (UN = OIC = Islam ; Democrats may change USA completely, just amend USConstitution)
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To: Col Freeper

Most definitely.

http://www.freerepublic.com/tag/by:ckinv368/index?tab=articles

I just put a new grip on my horsewhip, too.


13 posted on 02/12/2017 10:34:33 AM PST by humblegunner
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To: ckinv368

Why does every important case have to go through them?


14 posted on 02/12/2017 10:36:36 AM PST by bgill (From the CDC site, "We don't know how people are infected with Ebola")
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To: ckinv368
Judicial Tyranny has inflicted more evil into our nation than any other single entity: the murder of innocent children, unconsitutional gun control legislation, sodomite "marriage" - all of it.



It has to stop if we are to have a country much longer.


15 posted on 02/12/2017 11:00:39 AM PST by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: ckinv368; Col Freeper; humblegunner

16 posted on 02/12/2017 11:24:40 AM PST by shibumi (Cover it with gas and set it on fire.)
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To: Wildbill22

Nope. Not going to happen.

One attack and it’s 24 x 7 that ‘he promised to keep us safe’, ‘we told you so’, and calls for impeachment.

There won’t be one mention about any of this.

That’s how the MSM and progressives roll.


17 posted on 02/12/2017 1:32:27 PM PST by hirn_man
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To: Bob

Get Adblock and Noscript. Poof, no ads.


18 posted on 02/12/2017 1:57:59 PM PST by Bethaneidh
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To: ckinv368

Using news and magazine articles in the opinion as references makes the 9th as reputable as a tabloid.

If this is what passes for law in this country, there is no law.


19 posted on 02/12/2017 2:03:56 PM PST by combat_boots (God bless Israel and all who protect and defend her! And please, God, bless the USA again.)
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To: ckinv368

Hey, Sport..

What caused you to excerpt your own blog?
Why cant you just post the whole thing?

Do you figure you are so important that you need to get paid for a vanity thread?


20 posted on 02/12/2017 3:34:40 PM PST by humblegunner
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