Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: WildHighlander57
The injunction was issued based on the claims of harm made by the plaintiffs ie WA & MN. It doesn't address the merits of the travel ban itself with respect to specified countries.

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?

50 posted on 02/04/2017 7:11:30 AM PST by semantic
[ Post Reply | Private Reply | To 32 | View Replies ]


To: semantic; Voluntaryist

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


59 posted on 02/04/2017 9:35:09 AM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
[ Post Reply | Private Reply | To 50 | View Replies ]

To: semantic

It’s amazing how they found “standing” so quickly, but no one anywhere in the US had standing in any court to investigate Obama’s birth certificate


64 posted on 02/04/2017 11:05:59 AM PST by mongrel
[ Post Reply | Private Reply | To 50 | View Replies ]

To: semantic
Only by habit and custom have they continue to enjoy that power.

No, by design. These cowards have used the Courts to hide their true agenda for decades. Anyone remember when little Jebby washed his hands of the Terri Schiavo murder case? Saying the Court had ruled and his hands were tied. Jeb wasn't the only one that hid, so did the whole of Congress, because they are in agreement with the concept.

78 posted on 02/05/2017 6:03:25 AM PST by itsahoot (Return the power to the people, and Mexico will pay for the wall, 100%)
[ Post Reply | Private Reply | To 50 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson