Posted on 02/12/2017 9:13:00 AM PST by MaxistheBest
Tell #1: When The 9th Circuit Cannot Even Cite The Most Important Law On The Subject
The Constitution delegated expressly to Congress the right to control immigration. Congress in turn gave broad power over immigration to the President. This statute was the cited basis for Trump’s foreign entry ban on select countries. Guess how many times the 9th Circuit even mentioned this statute? Zero! This shows the 9th Circuit knew they had no answer for the law. Instead, they pretend this key law doesn’t exist. Just reading the law exposes why the 9th Circuit hid it....
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Tell #2: When The 9th Circuit Keeps Citing LOSING Opinions As Their Evidence
The second cue was the 9th Circuit’s novel and unsupported extension of standing to states on behalf of people who are neither residents nor citizens of those states, or of any state! The corollary unprecedented act was saying due process rights extend to foreigners in foreign lands. Every major case on this issue, cited in detail by the Boston federal judge, says no such rights exists. Access to America has always been a privilege, not a right. Instead, the 9th Circuit relies on the losing opinions from a range of cases, called “dissents” or minority “concurring” opinions which are NOT precedent. The 9th Circuit cites these losing opinions over and over, a strong tell they know they hold a bad, losing hand on the law.
Tell #3: When No One Will Even Sign The 9th Circuit Opinion Under Their Own Name
No judge would sign this 9th Circuit opinion. Per curiam opinions usually show up in non-controversial cases, not a case like this. When nobody wants to be the author of an opinion like this, it’s a tell that nobody wants to be held responsible for “authoring” this opinion. It really is that bad.
Tell #4: When The 9th Circuit Fails To Even Address Most of the Cases Cited By The Leading Recent Opinion on the Topic
A Boston federal judge detailed the 200+ years of precedent supporting Trump’s order. How does the 9th Circuit address these precedents? Ignore almost all of them. In a trial, when you hide from all the other side’s best evidence, it is a sign you know the other side is right.
Tell #5: When A Fellow 9th Circuit Judge Sua Sponte Says The Decision Needs To Be Undone
En banc review — where all of the judges of a circuit weigh in — is very rare. Even rarer is a judge, sua sponte, on his own, without either side requesting it, demanding such a review. A judge on the 9th Circuit was bothered by the opinion so badly, they demanded the whole en banc panel review. Some judges on the 9th circuit clearly still value being seen as good jurists, not as politicians playing to the peanut gallery.
The 9th Circuit opinion reads like a desparate brief from the losing side of an argument where the writer knows the law is against them. An old trial lawyer’s adage goes, when the facts are on your side, pound the facts; when the law is on your side, pound the law; when neither law nor facts is on your side, pound the table. There was a lot of table pounding by the 9th Circuit, and that may be the biggest tell of all that they know they are wrong on the law, and Trump is right.
I hope Trump calls these judges out by name and explains to the American public why, if the decision isn't fixed, he has to explore breaking up the 9th Circuit Court.
Now, after the rest of the 9th Circuit judges are coming after them, they are worried that such a high profile case will be the stain that they will have to wear in front of their colleagues the rest of their lives
“...I hope Trump calls these judges out by name...”
Yes...if your child, daughter, wife, or any relative is raped, beaten or murdered by a “refugee” you’ll know who to go after...
They know tide has turned against them.
Can we quit parroting the Lying Leftist label of this as a “travel ban”? Please?
It is a prevention of potential invasion by enemies of America.
QUIT CALLING IT A “TRAVEL BAN”!!!
Is judge sua sponte related to ee cummings? Whether she is or not, I’d like to thank her anyway. :=)
Congress should specifically remove the jurisdiction of the 9th Circuit to hear any constitutional issues involving the federal government. Those cases will be heard by visiting judges randomly chosen from other districts.
Yep - just as Roberts twisted things by declaring, what Obamacare spelled out as a penalty vs. a tax was actually a tax, the 9th actually used the “separation of religion and State and per at least one article, tried to say Trump had tried to create a religion. Insane and some on the 9th know it - hoping they will not be dissolved by the Congress may be part of the incentive for asking for a full review.
These 3 judges were willing to blow up their reputations as arbiters of justice, all at the alter of left wing ideology.
They know the gutless Republican Congress will not move against them. They operate with impunity as a result. No judge signing their ruling though is very telling for sure. That omission shouldn't spare them facing the consequences. Like I said though, they do not fear the Republican control of both Houses of Congress because they know both leaders are weak sisters.
keep tweeting the 9 circuit use images
Tell #3: When No One Will Even Sign The 9th Circuit Opinion Under Their Own Name
I am not going to sign it, you sign it.
We definitely have to stop conceding the terminology to the left. Words matter. The only reason we have”fake news” is because the MSM mistakenly attacked conservatives for it before it turned on them and their dishonest reporting.
Nothing but a ploy by the Left and their puppets on the 9th Circuit to keep the gates open just a bit longer, before they’re shut, hopefully once and for all. And, I might add, to halt any and all immigration for at least the next 4+ years, or however long Trump can stay in office. If that happens, hopefully, he can pass the baton to someone else that believes in not allowing 3rd world savages into the country.
I think they’re painfully aware of the high probability of another atrocity being committed in the US or Europe by a “refugee” from one of the banned nations.
The judges violated the US Constitution, for which they took an oath to uphold. They are partisan global Communists and must be removed.
Congress must act.
Where are they to be found? (I knew I should have gone to become a lawyer!)
“These 3 judges were willing to blow up their reputations as arbiters of justice, all at the alter of left wing ideology.”
And they are willing to put the country at considerable risk as well! There needs to be retribution. These three need to be removed for cause, impeached, whatever. They need to be an example to the rest of the Leftists that there are limits on what the decent people of this country will tolerate.
“I think they’re painfully aware of the high probability of another atrocity being committed in the US”
I would like to think they would care about our citizens for the right reasons, but my gut tells me they are more worried about having to face the snickers at their left wing social gatherings...imagine thinking you did the right thing for the “cause” only to realize a day later that you will be scorned for showing the country how morally bankrupt the “cause’ really is.
I thought I read somewhere that he wasn’t going to appeal.
Anybody know when the en banc hearing is scheduled for? I think I heard it was this Thursday.
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