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Federal appeals court upholds block on Trump's travel ban
CNBC ^ | 05/25/17 | CNBC

Posted on 05/25/2017 11:24:07 AM PDT by winoneforthegipper

click here to read article


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To: Jane Long

His parents were.


21 posted on 05/25/2017 11:48:54 AM PDT by Rusty0604
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To: DoughtyOne

Will SCOTUS take it up? Haven’t they already ruled on some case like this before when Obama was in?


22 posted on 05/25/2017 11:50:12 AM PDT by virgil (The evil that men do lives after them.)
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To: Scott from the Left Coast

I’m not sure how much more you can humiliate justices than to overturn them in excess of 85% of the time.

Some years the SCOTUS overrules the 9th Circuit Court of Appeals in excess of 85% of the time.

IMO, there needs to be a method of removing judges who will not conform to sound judicial practices.

If they are at least making a stab at it, that’s one thing. To miss in excess of 85% of the time, that’s beyond the pale.

Imagine other enterprises where you would be kept on in your position, if you only performed your duties less than 15% of the time.

http://nation.foxnews.com/2017/02/09/ninth-circuit-most-overturned-court-us


23 posted on 05/25/2017 11:51:40 AM PDT by DoughtyOne (Happy days are here again!)
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To: winoneforthegipper

Was it a 3 judge panel?

Usually it’s 2 Dim appointees and 1 Repub appointee.


24 posted on 05/25/2017 11:53:29 AM PDT by Red Steel
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To: henkster

I don’t say things like this and I don’t like to hear it, but in this case I’ll say if any American children are killed or maimed because of these judges stupidity and unjust rulings, those children could be theirs....


25 posted on 05/25/2017 11:55:13 AM PDT by JBW1949 (I'm really PC....PATRIOTICALLY CORRECT!!!!)
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To: winoneforthegipper
Appointed By:

Clinton - 4

Reagan - 4

Bush - 5

Obama - 5

9 appointed by each Party - wonder which ones heard the case...didn't see it in the story.

26 posted on 05/25/2017 11:55:53 AM PDT by trebb (Where in the the hell has my country gone?)
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To: Rusty0604

There you have it! It has to stop, somewhere!

Trump is right, again.


27 posted on 05/25/2017 12:00:08 PM PDT by Jane Long (Praise God, from whom ALL blessings flow.)
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To: winoneforthegipper

The 4th circuit usurps the Presidents power and responsibility to protect the US borders and the American people.

Trump clearly has this authority, and he must exercise it in spite of the Federal Appeals courts.

Most certainly the USSC will uphold his power to do so.


28 posted on 05/25/2017 12:01:30 PM PDT by Mariner (War Criminal #18)
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To: DoughtyOne

The article says this decision came from the 4th Circuit.


29 posted on 05/25/2017 12:03:20 PM PDT by be-baw (still seeking)
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To: hal ogen

Black-robed bastards need to be horsewhipped.


30 posted on 05/25/2017 12:04:11 PM PDT by Joe Bfstplk (A Irredeemable Deplorable Texan)
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To: hal ogen

https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Fourth_Circuit


31 posted on 05/25/2017 12:05:41 PM PDT by Mariner (War Criminal #18)
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To: winoneforthegipper

I believe England has a few Libyans on its hands that they would like to see removed. Maybe we could take them all and let them go home with these justices.


32 posted on 05/25/2017 12:07:28 PM PDT by madprof98
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To: winoneforthegipper

This is getting way out of hand.


33 posted on 05/25/2017 12:08:17 PM PDT by JerseyDvl ("If you're going through hell, keep going.")
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To: trebb

The vote was 10-3 with 2 abstaining.


34 posted on 05/25/2017 12:08:56 PM PDT by JerseyDvl ("If you're going through hell, keep going.")
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To: be-baw

Yes, I knew that. The point is, the 9th Circuit Court hasn’t improved. They’ve been humiliated, but they go right on doing what they do, make terrible rulings that do not stand up.

The idea courts can be humiliated into submission is nice, but I don’t think it conforms to reality.


35 posted on 05/25/2017 12:09:38 PM PDT by DoughtyOne (Happy days are here again!)
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To: winoneforthegipper
205 pages.

GREGORY, Chief Judge 1: The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866), remains "a law for rulers and people, equally in war and in peace." And if so, whether it protects Plaintiffs' right to challenge an Executive Order that in text speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination. Surely the Establishment Clause of the First Amendment yet stands as an untiring sentinel for the protection of one of our most cherished founding principles--that government shall not establish any religious orthodoxy, or favor or disfavor one religion over another. Congress granted the President broad power to deny entry to aliens, but that power is not absolute. It cannot go unchecked when, as here, the President wields it through an executive edict that stands to cause irreparable harm to individuals across this nation. Therefore, for the reasons that follow, we affirm in substantial part the district court's issuance of a nationwide preliminary injunction as to Section 2(c) of the challenged Executive Order.
Two of the judges (Keenan and Thacker) express that they thinhk plainticcs claims are UNLIKELY to succedd on the merits.

Wynn is enen more strident than Gregory, comparing Trump's EU with SCOTUS Dred Scott and Korematsu (upholding WWII internment of JAPANESE who are IN THE US).

Judges Niemeyer, Shedd and Agee write a dissent. The dissent is just an opportunity for th eloser's to whine, and in principle, dissents carry NO legal weight whatsoever.

Shedd, Niemeyer and Agree join in a separate dissenting opinion., and Agee also composed a dissent, this one joined by Niemeter and Shedd. Three dissenters, each writing separately.

Something for everybody!

Federal Courts are a disgrace. I agree with whoever said they deserve disrespect. Utterly corrupt and failed institution.

36 posted on 05/25/2017 12:13:18 PM PDT by Cboldt
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To: trebb
Before GREGORY, Chief Judge, and NIEMEYER, MOTZ, TRAXLER, KING, SHEDD, AGEE, KEENAN, WYNN, DIAZ, FLOYD, THACKER, and HARRIS, Circuit Judges.

Three dissenters, Niemeyer, Shedd and Agee. Each wrote a separate dissent, and the other two joined each of the dissents. Three dissenting opinions by the same three judges, but each one having a separate author.

No sense correlating vs. the president who appointed them, in my eyes. The entire institution should be scrapped. Sodom and Gomorrah.

37 posted on 05/25/2017 12:18:29 PM PDT by Cboldt
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To: winoneforthegipper

I hate these judges as much as the next guy, but at this point, does any of this matter? It was only supposed to be for 120 days, right?


38 posted on 05/25/2017 12:28:26 PM PDT by NaturalScience
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To: winoneforthegipper

That’s Ok, the Trump team is biding it’s time waiting for Kennedy to retire next month, then will time the Supreme Court appeal right after his replacements confirmation :).

There is so much precedent and legal standing on the president selectively banning groups of people that it would be an usurpation of power by the courts if this ruling stands


39 posted on 05/25/2017 12:29:16 PM PDT by Toughluck_freeper
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To: DoughtyOne

Sorry, I misinterpreted your post.

“The idea courts can be humiliated into submission is nice, but I don’t think it conforms to reality.”

I agree. Poor performing judges should be impeached, but it ain’t gonna happen. Best thing to hope for is Trump gets 8 years to fill vacancies. Maybe you can get Congress to split up the 9th Circuit, but very unlikely.


40 posted on 05/25/2017 12:34:58 PM PDT by be-baw (still seeking)
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