South Carolina Ping 
Send FReepmail to join or leave this list.
Posted on 03/27/2017 9:20:52 PM PDT by SeekAndFind
Representatives from 13 states including 12 state attorneys general and one governor filed a motion in support of President Trump’s temporary travel ban. From the Dallas Morning News:
Attorney General Ken Paxton on Monday led a coalition of 13 states in filing a brief with the 4th U.S. Circuit Court of Appeals defending President Donald Trump’s revised immigration order.
In the brief, Paxton and representatives from 12 other states argue that the Trump administration’s new order is legal and falls under the president’s power over foreign affairs and national security.
Those joining the brief included Paxton plus AG’s in the states of Alabama, Arizona, Arkansas, Florida, Kansas, Louisiana, Montana, Oklahoma, South Carolina, South Dakota, and West Virginia. Governor Phil Bryant of Mississippi also joined.
The brief makes several arguments starting with President Trump’s authority to make decisions about immigration, especially with regard to national security. The brief also argues previous courts have erred in suggesting that non-resident aliens have rights under the U.S. Constitution. From the brief:
Plaintiffs’ constitutional challenges rest on the flawed premise that the United States Constitution confers on nonresident foreign citizens, located abroad, rights regarding admission into this country. But it is “clear” that “an unadmitted and nonresident alien” “ha[s] no constitutional right of entry to this country as a nonimmigrant or otherwise.” Mandel, 408 U.S. at 762. The “power to admit or exclude aliens is a sovereign prerogative,” and aliens seeking admission to the United States request a “privilege.” Landon v. Plasencia, 459 U.S. 21, 32 (1982).
Finally, the brief argues that even if nonresident aliens were granted constitutional rights, Trump’s executive order is not unconstitutional because it doesn’t make any reference to religion:
The Executive Order classifies aliens by nationality—not religion. The Executive Order’s temporary pause in entry by nationals from six countries and in the refugee program neither mentions any religion nor depends on whether affected aliens are Muslim. See EO §§ 2, 3, 6. These provisions distinguish among aliens only by nationality. Id. Thus, the Executive Order is emphatically not a “Muslim ban.” Indeed, numerous Muslim-majority countries in the world were not covered by the seven-country list used in the prior Executive Order,6 and the Pew Research Center estimates that this list from the prior Executive Order “would affect only about 12% of the world’s Muslims.”
Judges in Hawaii and Maryland have blocked implementation of the temporary travel ban while its merits are being challenged in court. Last week the Trump administration got a boost when a judge in Virginia ruled the revised travel ban was lawful. Judge Anthony Trenga wrote, “it is no longer likely that plaintiffs can succeed on their claim that the predominate purpose of EO-2 is to discriminate against Muslims based on their religion.”
I’m disappointed Tennessee isn’t on the list.
Arizona is on the list!
I’m disappointed in Tennessee ;(
This will be resolved when???
Me too.
31 states are controlled by Republicans, if I’m not mistaken. That number should be 31, not 13.
I think you are optimistic.
“Governor” does not equate to “controlled by”. The legislature counts, big time. I know; I live in one.
Thanks for posting this list!
No surprise that Californicator U and New Mexico are not on the list.
ICE can monitor the airports, bus stations and ??? in these two states.
This is good but there some sates MIA.
South Carolina Ping
Send FReepmail to join or leave this list.
It is an INVASION BAN .
Don't let the Left define the issue with their lying words and labels.
I stand corrected. However, the scale is definitely tipped to the Republican side, with more than half of the states having Republican control of everything. Ergo, all of those states, should be joined in this brief.
...slippery sneaky scumbag Matt Authier...is in on the take
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.