On Trial: Why Trump’s Immigration Ban Will Win Over Seattle Judge’s Nationwide Order

Law Newz ^ | February 3, 2017 | Robert Barnes

[GeaugaRepublican]

Opening Statement On Friday, a Boston federal judge issued a 21 page decision debunking the arguments against Trump’s Executive Order suspending migration from certain countries pending further review. Later that same day, a Seattle federal judge who has been making the news lately (and not usually for the most flattering of reasons), declared his oral intention to sign an order limiting some aspects of the executive order. In the courtroom, whose position is likely to ultimately win?

[WXRGina]

This is an excellent column. Thanks for posting, GR!

[PUGACHEV]

Is some grasp of the concept of evidence too much to expect from this judge?

[mdmathis6]

Except the Boston court ruled in favor of the order...so I guess Trump has a choice of which court to ignore...right?

[SoCalTransplant]

This is ultimately why I don’t believe that this country can endure as one nation for much longer. It may not be a civil war, but some kind of divorce or separation must happen.

The left is determined to drag the country to “progress”. When they win, they charge headlong. When rhey lose, they obstruct, drag their heels and use attorneys and judges to thwart the will of the people. Can and should we slug it out every time to scratch and claw for what’s right? Absolutely for now. But in the long term, like in all divorce situations, we have to ask: “do we want to live like this forever?”

Specifically do we want to live for as long as we can where we can clearly see what is right and what will make us prosperous and secure, but have to constantly battle for it against people who are stupid, or more concerned with diversity, or just want to destroy our countries traditions? And do we ignore that, fact is, many of their constituentcy groups breed like rabbits, having no concern for how to pay for them as they know old Uncle Sucker will pay. When a President can run on an issue and win, and the be stopped by one measly judge so that we, the people have to hope that some other court will get it right....that is not the will of the people. We should let them go, have their liberal utopia. It will truly be addition by subtraction.

[SoFloFreeper]

Here is where the Boston judge and the Seattle judge appeared to disagree. According to reports of what was said at oral argument in Seattle, the Seattle judge believes rational basis review requires the law-making branches of government “prove” with “facts” presented in court that their position is the correct one. As the Boston judge noted, this interpretation of the law — inviting the judicial branch to replace the elected branches of government — is directly contrary to precedent. This is why the Seattle judge’s opinion is likely to lose out ultimately, and Trump’s will prevail.

Seattle is wrong. I think this judge should be investigated. Bigly.

[Rennes Templar]

“who says he is banning all immigrants?”

Most of the left only read protest placards.

[central_va]

I personally wish California would go already. #CalExit #CalGone

[DoodleDawg]

Following this judge’s order requires ignoring 2 other courts and the law. Trump should follow the law and other rulings. The Seattle judge is wrong.

Which means the appeal should be a formality.

[libstripper]

You seem not to have read the article. The Boston judge, probably a Dem., is the one who sustained most of President Trump’s EO.

[Mariner]

A “rational basis” decision in an area which precedent says the courts have almost no jurisdiction.

We must demand the Congress impeach this judge who fantasizes about ruling the world.

This will go down in history as one of the most outrageous abuses of judicial power and this judge will be held up as an example of idiocy in the text books.

[SoFloFreeper]

I think you underestimate DJT. Bigly.

[Scott from the Left Coast]

“No mercy for these scumbags, this is WAR.”

The American Left has a new phrase it is using...I’m hearing it over and over. “We need to stand with our Muslim brothers.” The Left is becoming the champion for Muslim infiltration into America - their next “minority rights” battle. San Fran Nan: “Tell them you’re Muslim, tell them you’re Muslim.”

If this plays out badly in the courts, with the Left playing games using their judges to usurp government control...then it must be WAR or death.

[SoCalTransplant]

Me too and I’m from there originally. But realistically, wed probably lose the whole west coast except for Alaska, and the northeast. I can live with that. Can you imagine what we could do with the rest if we weren’t bogged down with liberal dogmas on energy, or diversity, or economics?

[Scott from the Left Coast]

“Of couse, he needs to go after Soros funded operation.”

Personally, I’d take the quicker route. Soros is an enemy combatant. The drones, among many other assets, are under control of the Commander in Chief. Just take Soros out - forever. And get his sons too.

[Mariner]

Normally I would agree with you, and my sentiments are to go Andrew Jackson on them.

However, why suffer the political damage of ignoring them, when there will be a stay issued on Monday or Tuesday?

The government has a slam-dunk legal case and if it had been competently defended in that Seattle Court not even that judge would have ruled against it.

Either the DOJ attorney in that courtroom was incompetent, or they deliberately threw the fight. No doubt about it. Likely butt-hurt over the Obama appointee losing her job. Or just a holdover from the Obama admin that should be working for the ACLU instead of the DOJ.

We need Sessions confirmed desperately. And Gorsuch. These two open seats are what have empowered the commies and they’ll continue to exploit this weakness as long as they can.

[CodeToad]

I don’ see how a president can only issue orders under his authority but only if all judges agree to allow him to do so.

What authority does a federal judge have to restrict the executive branch of government??

[madison10]

The Boston judge ruled correctly. The Seattle judge did not.

[kiryandil]

Doodle the #NeverTrumper. LOL!

[AndyJackson]

The inevitable problem with all of these kinds of articles is that they try to tell you what they think the judge said. It is important to read the actual judicial orders.

Seattle District Judge James Robarts TRO against Trump's order

Boston District Judge Nathanial Gorton's Order Denying Injunctive Relief

[JAKraig]

The Federal Courts are a CREATION OF CONGRESS, CONgress Controls them, and they have Carte Blanche to tell the supreme Court what they can and CAN NOT DO!

____________________________________________________

Close.

The Supreme Court is a separate branch of the US Government, they were not created or controlled by congress. All the lower courts however are created by congress and congress can indeed decide where they have jurisdiction.