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The Latest: Judge: Trump has power to ban foreign travelers
Associated Press ^ | Mar 15, 2017 9:48 PM EDT

Posted on 03/15/2017 6:54:43 PM PDT by Olog-hai

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To: Olog-hai

I’m just now seeing this and haven’t read through the thread but the report writes that this judge “says”, not that he ‘ruled’.


61 posted on 03/15/2017 9:32:16 PM PDT by Hostage (Article V)
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To: pfflier
-- As I read the article this is an opinion by a judge not a decision of the court. --

Careful with calling it an "opinion," because that word has legal significance when the "opinion" is by a judge. I think Bybee authored or signed on to an amicus brief, which is supposed to be persuasive to the court that accepts the filing.

An "opinion", in contrast, is the rhetoric that justifies the court's order.

62 posted on 03/15/2017 9:38:56 PM PDT by Cboldt
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To: veracious
-- Maybe there is at least one Federal judge who has the smallest clue about actual USA law. --

There are quite a few who do, but the system allows judges to issue rulings based on personal whim, as long as they can compose rhetoric (need not be logically consistent nor intellectually honest). Judges usually get their way because it is expensive and wearying to appeal. A judge suffers no ill consequence for mere dishonesty from the bench.

63 posted on 03/15/2017 9:43:09 PM PDT by Cboldt
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To: pfflier
-- As I read the article this is an opinion by a judge not a decision of the court. --

After a bit of research, I think Bybee did issue an opinion, a dissenting opinion. This is a "sua sponte" action, meaning nobody asked him to do so. I think this is part of the 9th Circuit trying to redeem itself or to marginalize some of its members. Without being asked to, the 9th Circuit decided to reconsider its decision upholding the (I forget which) Oregon or Washington decision.

64 posted on 03/15/2017 9:52:13 PM PDT by Cboldt
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To: Helicondelta

This Hawaii Judge went to law school with B.Hussein O. but NO ONE ever saw BHO in any classes at Columbia, and no one claims to have known him, so did he or didn’t he go to LAW SCHOOL..?

HE LOCKED UP ALL HIS RECORDS WHEN HE WAS SWORN IN ON JAN. 20, 2009. SO UNTIL HE PRODUCES THOES RECORDS, I SAY HE IS TELLING US ANOTHER ‘FAIRY TALE’ aka LIES...


65 posted on 03/15/2017 10:00:10 PM PDT by haircutter
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To: Olog-hai

“’Islamaphobia’: a word created by fascists and used by cowards to manipulate morons.”
Christopher Hitchens


66 posted on 03/15/2017 10:02:00 PM PDT by tumblindice (America's founding fathers, all armed conservatives)
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To: theoilpainter

This was a dissent to the Court’s denial of an en banc hearing. The actual dissent filed today by Justice Bybee can be found here: http://www.ca9.uscourts.gov/search_results.php?q=17-3510ebo


67 posted on 03/15/2017 10:11:20 PM PDT by Vesparado (The American people know what they want and they deserve to get it good and hard --- HL Mencken)
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To: Cementjungle

This was a dissent to the Court’s denial of an en banc hearing. The actual dissent filed today by Justice Bybee can be found here: http://www.ca9.uscourts.gov/search_results.php?q=17-3510eboe


68 posted on 03/15/2017 10:11:47 PM PDT by Vesparado (The American people know what they want and they deserve to get it good and hard --- HL Mencken)
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To: House Atreides

Agree. This was a dissent to the Court’s denial of an en banc hearing. The actual dissent filed today by Justice Bybee can be found here: http://www.ca9.uscourts.gov/search_results.php?q=17-3510ebo


69 posted on 03/15/2017 10:13:06 PM PDT by Vesparado (The American people know what they want and they deserve to get it good and hard --- HL Mencken)
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To: pfflier

This was a dissent to the Court’s denial of an en banc hearing. The actual dissent filed today by Justice Bybee can be found here: http://www.ca9.uscourts.gov/search_results.php?q=17-3510ebo


70 posted on 03/15/2017 10:13:26 PM PDT by Vesparado (The American people know what they want and they deserve to get it good and hard --- HL Mencken)
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To: Cboldt

This was a dissent to the Court’s denial of an en banc hearing. The actual dissent filed today by Justice Bybee can be found here: http://www.ca9.uscourts.gov/search_results.php?q=17-3510ebo


71 posted on 03/15/2017 10:13:50 PM PDT by Vesparado (The American people know what they want and they deserve to get it good and hard --- HL Mencken)
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To: b4me
Yes it was. I am not completely sure but I think because it was an appeal of that ruling. The Process. Now what determines which federal appeals court will get it I am clueless as to how that determination is made.
72 posted on 03/15/2017 10:15:39 PM PDT by Robert DeLong
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To: gaijin

This should be President Trump’s theme song. https://youtu.be/DelhLppPSxY
It would definitely make the lefties emplode.


73 posted on 03/15/2017 10:18:03 PM PDT by Stayingawayfromthedarkside (Look, is it America that I see again?)
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To: Olog-hai

Can trump just ignore these judges?


74 posted on 03/15/2017 10:54:36 PM PDT by hillarys cankles
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To: Olog-hai

Why do people think that we can win anything in the courts?


75 posted on 03/16/2017 2:20:47 AM PDT by Vaden (Donald Trump: making political impossibilites possible since 2015!)
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To: HKMk23

CALL THE JUDGE OUT ON IT, RAM IT BACK UP HIS ASS,>>>>>>>

The Courts have no enforcement mechanism other than what the executive branch provides.

If I were Trump, I would do it. And I would sent the armed military to administer the ports of entry in Hawaii. Send a signal to every Circuit Court in the Union.


76 posted on 03/16/2017 3:20:56 AM PDT by Candor7 ((Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: Olog-hai

“... the ACLU and other groups representing immigrants, refugees and their families ... argued that the underlying rationale of the ban was to discriminate against Muslims, making it unconstitutional.”

Didn’t none other than Obama say that these radical jihadists were NOT Muslims, but simply terrorists? So, where is the rationale that they are claiming?


77 posted on 03/16/2017 6:17:03 AM PDT by fwdude (Democrats have not been this angry since Republicans freed the slaves.)
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To: haircutter

“HE LOCKED UP ALL HIS RECORDS WHEN HE WAS SWORN IN ON JAN. 20, 2009.”

Can’t Trump unlock them?


78 posted on 03/16/2017 8:30:54 AM PDT by Pravious
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To: Candor7

Well, I’m glad there are TWO of us.


79 posted on 03/16/2017 10:58:17 AM PDT by HKMk23 (You ask how to fight an idea? Well, I'll tell you how: with another idea!)
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To: hillarys cankles; All
"Can trump just ignore these judges?"

I would think so being as the Constitution backs up what Trump is doing.

I believe that the Constitution trumps anything Judges decree if those decrees don't follow the Constitution or indeed rule in abject contrast to the Constitution.

This situation is IMO the very reason that out country was set up the way it was.

Separation of powers and clear and concise guidelines pointing out what each branch can do and can not do.

And VERY clear on what the Federal Government can and cannot do.

Anyone with understanding of the Constitution knows that the fed gov is very limited by the document and very liberal with the powers that the feds do not have but belong to the states.

Our Constitutional Republic needs to be run by the Constitution or it may as well be a democracy as both those on the left and right continue to erroneously describe the USA.

80 posted on 03/17/2017 10:16:59 AM PDT by Syncro (Facts is facts)
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