Posted on 02/06/2017 10:39:01 AM PST by NKP_Vet
When a Seattle Federal Judge, James Robart, imposed a nation wide injunction on portions of President Tumps executive order, most of the media hastened to noted that he had been appointed by Bush 43. True, but misleading, as noted by Jerome Wohrle at Liberty Unyielding:
Judge Robarts Friday order against Trump sheds little light on his thinking. But at an earlier hearing on Washington States motion for a temporary restraining order, he asked what rational basis the government had for restricting entry from the seven countries covered by Trumps order: Iraq, Iran, Syria, Sudan, Somalia, Libya and Yemen. As NPR notes, these seven countries were previously singled out by Congress for milder restrictions on visas. Congress did so after terrorist attacks in Paris and San Bernardino, in a 2015 law tightening up the Visa Waiver Program that was signed by President Obama. Critics argue that there was no rational basis for restricting travel from these countries but not other countries in the Middle East, such as Saudi Arabia. This argument is silly, since America has deep economic links and security ties with Saudi Arabia that it lacks with the seven countries subject to the 2015 law and Trumps executive order. America need not antagonize a key ally when it takes steps to increase border security. Perhaps for this reason, Judge Robarts order in State of Washington v. Trump does not even make this argument, simply suggesting that for some unexplained reason the executive order may violate the Constitution.
To cover up the embarrassing weakness of Judge Robarts temporary restraining order, reporters at the Washington Post and elsewhere have trumpeted the fact that Robart was nominally appointed by President George W. Bush. They have done this to suggest that his ruling must have merit, because otherwise he would not have ruled against a President of the same party as the man who appointed him. But this is misleading, since Robart is a staunchly liberal judge whose appointment was effectively forced on Bush by liberal Senator Patty Murray in 2004, when Washington State had two liberal Senators.
The media ignores the fact that Robarts appointment as a federal judge was championed by liberal Senators like Patty Murray (D-Wash.), who used Senatorial custom allowing senators to veto Presidential appointments of trial judges to obtain the appointment of liberal trial judges like Robart in Washington State. An April 13, 2005 press release by Murray touts Robarts appointment as the bipartisan result of using a state commission to select federal trial judges in Washington, whose appointment Bush then rubberstamped. This Senatorial veto power, known as the blue slip, is an old tradition, dating back to at least 1917, that lets senators have a say on which trial judges are appointed to courts in their home state.
When Obama was president, the media did not do this. They would not cite the fact that Obama appointed a judge to suggest that the judges ruling against Obama had merit. When Judge James Boasberg ruled against the Obama IRS, few news stories mentioned the fact that he was a liberal Democrat appointed by Obama himself. When Judge Amos Mazzant issued an injunction against Obamas overtime rule, most of the media either did not report the fact that Mazzant had been appointed by Obama; or if they did, they also suggested that he was a conservative judge, because Republican Senators in Texas used their blue slip privilege to block Obama from appointing liberal trial judges in Texas.
Even critics of Trumps order have found Judge Robarts order senseless. As one put it,
Judge Robarts temporary restraining order may make things even worse in the long run, and had no basis in law. The judges temporary restraining order is harmful it bans giving priority in asylum claims to Yazidi and Christian applicants, even though they are the ones who face a high risk of being killed in Iraq and Syria. (It bans proceeding with any action that prioritizes the refugee claims of certain religious minorities, see Order at pg. 5, paragraph 1). This ban is perverse, because under U.S. law and international treaties, asylum is SUPPOSED to be given to members of groups facing persecution based on religion, and the threat of genocide faces only certain religions. The judge provided NO REASONING AT ALL for his assertion that the constitution might be violated by the executive order, and lawyers like Scott Johnson have noted that the judges order had no real legal basis. As another observer pointed out, Judge Robart has a history of strange rulings:
Judge Robart, the oddball judge who issued that TRO against the executive order, is the same guy who issued the bizarre college sexual assault ruling that Robbie Soave wrote about earlier at Reason Magazine.
He ruled a falsely-accused male student could not depose or obtain relevant documents from the female student who got him expelled because that would traumatize her (never mind that it was SHE who performed a sex act on him when he was blacked out, meaning that if anyone was guilty of sexual assault it was HER). Reasons article about it can be found here.
Robart also bellowed Black Lives Matter in open court, as the Daily Caller noted (in a context in which it made little sense).
So a highly political liberal judge enjoins a Presidential executive order on the grounds that it may violate the Constitution in some mysterious manner that the Judge fails to spell out in his order, and the mainstream media fails to note any of these facts. Par for the course.
"Robart is a staunchly liberal judge whose appointment was effectively forced on Bush by liberal Senator Patty Murray in 2004, when Washington State had two liberal Senators."
This is why we do not want to follow tradition. Letting tradition continue is a way to get more libtard judges and policy throughout.
Obama said elections have consequences. I hope this time around the Republicans can find their balls.
Bush mushiness led to this.
But Trump firmness can lead away.
Donald came on the scene to all but preach that America will get its cojones from God.
So....for all you GW haters that were spewing your loads of crap.... Stuff it.
effectively forced on Bush
*********************************
Only possible because he was a Democrat in an R jersey.
No Child Left Behind
Medicare Part D
Amnesty attempts (2 times)
No border or interior enforcement
Nothing could be "forced" on him; he chose to make the appointment. The judge's liberal philosophy didn't bother him.
As is the case with most members of the UniParty.
You can bet your last dollar that President Trump won’t capitulate to the likes of a Patty Murray!
“So....for all you GW haters that were spewing your loads of crap.... Stuff it.”
Seriously? This is PRECISELY the kind of wimpy, spineless crap that made Bush a worthless President, made the GOPe/RINO party enemies of the people, as would be the exact same case with Jeb, and which you can bet your bottom dollar that President Trump will never give in to!
Folks like you. If enough fake news sites make crap up about Trump you’ll believe it too.
The smearing of GW over the years was a great success of the media. Getting his own supporters to hate him was quite masterful.
I’ve heard so many folks parrot the same lame stream media one liners about GW...
Patty Murray wanted Osama bin Laden for the judgeship but he was out of town and couldn’t be reached.
Bush's entire presidency was "forced on Bush."
He could have said something like.........
"NO! Get another one!"
Kinda like literally every person on planet Earth that is faced with a raw deal and has the option of a better alternative.
I've said it many times before, and I'll say it again:
George W. Bush: "I was the President of the United States, but was powerless to do anything!"
You're the last W. supported on the planet.
Turn out the lights when you're done.
Demonstrates in part why "Dubya" was such a disappointment to those of us who crawled across broken glass to get him elected.
Why would Bush take advice or succumb to pressure from one of the most stupid of the many stupid dingbat democrat females elected in the leftist left coast states?
I sure wasn't a gesture that would help him get re-elected - Those states are so far in the democrat toilet they can never be saved.
This is beginning to remind me of the superbowl, and we’re just coming out of halftime.
I suspect this will be a fun week.
In having to fill a vacancy it was found easier to appease both sides by choosing this individual. Not the best, but one ‘judge’ confirmed by both sides of the aisle.
Liberal judges hide in the shadows awaiting to surprise the country when needed to do so.
Go along to get along isn’t going to cut it this time round.
“The smearing of GW over the years was a great success of the media. Getting his own supporters to hate him was quite masterful.
Ive heard so many folks parrot the same lame stream media one liners about GW...”
And then, why did GW go along with the Dems on such a consistent basis to adopt cleary liberal , statist policies, many of which harm the common people?
Because GW and his whole clan are NWO statists, clearly aligned with the progs and against the people!
“Senatorial custom allowing senators to veto Presidential appointments of trial judges to obtain the appointment of liberal trial judges like Robart in Washington State”
I hope what Robart has pulled will lead Trump to end this “Senatorial custom.”
I'm not sure what all of the fuss is about. Since Bush described Islam as a "religion of peace" and was an enthusiast of liberal immigration policy, Robart's ruling on Trump's executive order isn't so far from what Bush would have wanted, regardless of the circumstances under which he was appointed.
Sure blame it on the media but the bottom line is that the W in his name stood for wimp. He never did or said anything to fight back. I voted for GWB and after I saw the way he kissed the islam butt I lost all respect for him. As for President Trump, that is what he should be called, not Trump.
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