We all know this.
The $64,000 question now is: "Where does this go?"
Is it appealed to the Supreme Court? Does the Trump administration ignore the judge's unconstitutional order?
What?
Posted on 02/04/2017 4:35:48 AM PST by NYer
Federal district Judge James Robart of Seattle ordered a complete, nationwide temporary restraining order against President Trump's temporary ban on visitors from seven Middle Eastern countries. If you read the ruling as I have, you can see this is clearly unconstitutional on its face, and constitutes a judicial coup against President Trump and the executive branch.
1) The standards for granting a temporary restraining order are quite high. The plaintiff must show that he is likely to succeed on the merits, and would suffer irreparable harm if the injunction were not granted. Here the people from the excluded countries cannot show irreparable harm, only that their entry to the United States would be delayed. And they are unlikely to succeed on the merits, because the President has no obligation to let foreigners into the country. On the contrary, there may be irreparable harm if the temporary travel ban is lifted, as terrorists may enter the country and kill people.
2) By the way, the plaintiffs here aren't even the people from the excluded countries. They are the states of Washington and Minnesota who claim their citizens would be harmed if the temporary ban were not lifted; perhaps Microsoft is being deprived of some cheap labor. It's a flimsy argument at best. This ruling has no substantial effect on states' residents, contrary to what Judge Robart has said.
3) President Trump clearly has discretion to decide who to admit to the United States and who not to, when it comes to admitting people who are not citizens. Foreigners do not enjoy the protection of our Constitution. The fact that a citizen may incidentally benefit from a foreigner coming to America doesn't mean that that citizen has standing.
(Excerpt) Read more at americanthinker.com ...
They live in the political world of Washington, DC, which is insulated from the real world where ordinary citizens live. Because of this, no matter where they originated, they eventually forget what the real world is like. So, over time, their rulings reflect the thoughts and perceptions of the political class, rather than the people.
When a Supreme Court Justice needs to be appointed, his term is either 13 or 17 years (drawn from a hat).
That is one good idea. It would be nice to force this as a national issue, so that the problem of judges outstaying their sense of judicial wisdom can reach national discussion.
We all know this.
The $64,000 question now is: "Where does this go?"
Is it appealed to the Supreme Court? Does the Trump administration ignore the judge's unconstitutional order?
What?
It’s the opposite of that. The judge ignored the law.
Where do I sign up?
Trump needs to simply ignore the “order”. The president doesn’t have power but only if the judiciary allows.
Agreed. Congress rules the judiciary. Several activist judges need to be impeached. Judicial reach needs to be reduced. Start there. But start.
You are right about the party problem. Washington warned against factions, but by the time of Jefferson and Adams presidencies, they were well established.
“That escalated quickly.” (Will Ferrell, Anchorman).
Judicial islamist facilitation.
It is an attempted coup and the imperious judge will be squashed like a bug.
The real crux of the issue then becomes whether the rights of one party (in this case, the states) trump the rights of the other (in this case the federal gov't)? If harm can be asserted and the state's issued relief, then does the by-product include nullifying the fed's power over travel?
Anyone with common sense can see directly where this leads. There would be no end to peripheral attacks on direct law. It's obvious why opponents shopped this case to this judge.
It will be interesting to see how Trump plays his cards. One option is to appeal it to the 9th and basically dare them to uphold it. They have to know a constitutional crisis would be in the making, because at that point Trump would merely assert they have no standing with regard to national security and ignore the order.
At that point, all hell breaks loose because at the heart of the issue is the court's **actual** constitutionally provided role. Their ability to opine and judge on the merits of 'constitutionality' in the first place are merely asserted rights from Marbury. Only by habit and custom have they continue to enjoy that power.
Do they really want to go down the road where this question is ultimately resolved?
Repeatedly the media from NPR to CBS-ABC-NBC refers to the RIGHT of immigrants to come to the US.
This is a total redefinition of the word RIGHT.
All people, citizen and non-citizen have a right to life, to freedom of speech, of press, bear arms, etc.
But non-citizens do not have the right to live that life in the US. It is a privilege. A privilege that I would extend to more non-citizens than some here on FR.
But we make a big mistake if we allow the media to change the definition of terms and redefine living in the USA as a right. Even us natural born citizens are privileged to have been born in the USA. We should value that.
So yes, we citizens are more privileged than non-citizens. Now check that privilege.
If we lose this fight over grammar does anything mean anything?
So my puzzlement is....why doesn't Trump simply just ignore this rogue judge's order, and order his DHS to continue to carry out his ban? And screw this rogue judge!
Love the logic but it does not pass the liberal sniff test. Liberal Logic.
Some of us were here for the last impeachment.
You have to control the House of Representatives to do that.
I note that liberal "constitutional authority" gasbag Laurence Tribe is arguing FOR an impeachment of President Trump under any pretense whatsoever.
This is the same gasbag who argued AGAINST impeaching Billy "Bimbo Dickins" Clinton for perjuring himself in the face of a federal judge.
I think there's enough patriots in this country to play the real Trump card when it comes to these seditionists.
"Trouble can be purchased cheaply, but the refund may be more than you can bear." - The Huckleberries, 2017
This is just temporary obstruction. It will be overturned on appeal. The US immigration law is verfverfy clear about what the President canto. Rudy Guliani crafted Trumps ban so its bound to be completely constitutional.
Round them up when they get to the USA and keep them in holding till next Court of Appeals. Increase cost of entering the USA to help pay for this added cost.
Declare this a threat to national security and send them back. If there were an invading army would the courts be able to stop the USA from banning them?
They can come no problem, we comply with the communist judge but we send them back.
Trump should have inplace a bunch of judges that he can immediately appeal a case to...hell to it digitally. Should be able to appeal this case THE SAME DAMN DAY. THE APPEAL SHOULD BE READY BEFOREHAND.
All flights must be on special aircraft sent to special airports...THE COST PASSED ON TO THE IMMIGRANTS.
there are plenty of nitpick things we can do to counter these judges but the best is to ignore them. THIS IS A NATIONAL SECURITY QUESTION AND THE COURTS DON’T HAVE A SAY IN THAT.
When odumbi halted immigrants for 6 months no judge stood against him. Sessions should have this judge kicked off, he is getting money from who?
Trump should have stated this, put it out on TWITTER AND TOLD THE JUDGE TO EAT SHIITE.
This is a National Security Situation....Courts ain’t got squat to do with it. We are being invaded and any judge siding with the invaders should be treated as one.
Time to remove judge Jimmy from office for misbehavior. It would serve to nip this lawlessness in the bud.
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Lets Roll!
It is going to come down to that sooner or later, better now than when everyone is running for office again in two years.
Thanks for the analysis! Excellent read of the situation!
Heres a link to the 9th circuit, can see if anything comes in to their “in box”
http://www.freerepublic.com/focus/f-news/3521335/posts?page=38#38
H/t voluntaryist
They’re trying to set him up for impeachment
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who are the they?
Because the only ones that could impeach him are the republicans....and there are no republicans that still hate Trump are there?
Things that make you go hummmm
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