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Appeals Court Denies Justice Dept Motion to Lift Travel Ban Restraining Order [9th Rebuffs Trump]
ABCNews ^ | February 05, 2017

Posted on 02/05/2017 12:58:56 AM PST by Steelfish

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To: Candor7

The law is crystal clear and there is substantial judicial precedent. These judges are grand-standing prima donnas.


81 posted on 02/05/2017 3:53:43 AM PST by Ray76 (DRAIN THE SWAMP)
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To: Steelfish

This might definitely have to go to the Supreme Court. I do not see them siding against POTUS.

FWIW: If a terror attack was to occur by individuals allowed into the country during the interim, it could be cause for judicial impeachment of inferior judges under Article III.


82 posted on 02/05/2017 3:55:15 AM PST by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ..)
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To: Steelfish
I don't understand the panic; I do understand the law.

I could go into detail but I won't, it's just not reasonable to expect anyone but a very few FReepers to understand appellate law.

However, there is a prime oppo in all this:

Unless Gorsuch is confirmed as rapidly as possible, and by all GOP voting yea in a bloc with no defections, then simply promise to take the travel ban to Congress, and remind them they will have to defend their vote either way in 2 years.

83 posted on 02/05/2017 3:56:08 AM PST by StAnDeliver (Prosecute the win. Run up the score.)
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To: silverleaf
It's worth noting that the union representing the U.S. Customs and Border Patrol officers endorsed Donald Trump in the 2016 election. I believe it was the first time in the organization's history that they ever endorsed a candidate.

Even if the judge's order remains in place, these people have a lot of discretion in turning non-citizen travelers away at the border. I can easily see the DHS leadership advising the front-line officers to abide by the terms of the judge's order until instructed otherwise -- but to "exercise extreme caution" when dealing with travelers from those seven countries.

Heck -- if I were the judge who issued this stupid order I wouldn't feel comfortable traveling out of the country myself anymore.

84 posted on 02/05/2017 3:57:10 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: silverleaf
P.S.: The Trump administration can always issue a new -- nearly identical -- executive order tomorrow ... and the Federal courts in the 9th circuit can go through this song and dance indefinitely.

Maybe that's the underlying strategy here. Keep them so busy dealing with this nonsense that they don't have any time to do any other damage to this country. LOL.

85 posted on 02/05/2017 4:02:08 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: Steelfish
Federal Judge James Robart overturning this Executive Order is the first substantial challenge to President Trump. There will be many more, but this is the first.

A view of it from my perspective:


86 posted on 02/05/2017 4:04:19 AM PST by Lazamataz (I hereby coin a new Internet acronym: NTOWY -- Not Tired Of Winning Yet.)
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To: sheikdetailfeather

I will dig around.

Smells like one of those Uniparty Clinton hacks that McCain
help ran thru with the Rat party but that label Bush.

It’s the Bush uniparty era.


87 posted on 02/05/2017 4:05:12 AM PST by ncalburt
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To: Alberta's Child
That is a good question. I remember reading in National Review several years ago, how the Courts had grown more powerful than the Constitution intended. The article had examples in which the President just ignored the Supreme Court and nothing happened. The article maintained that was appropriate since all three branches are supposed to be equal and the SC was never intended to dictate to the rest of us. It was not supposed to have the final word since the Presidency is co-equal. All the examples used in the article were from the 1800s. I can't remember the examples used but it was interesting.

However, today, it is different. If a president ignored the SC, the media would crucify the president as being rogue, etc. There would be riotous calls for impeachment and conviction and I think that Congress would oblige. The public today is brainwashed into thinking the SC is the final law and we are forced to follow it. I don't see a way around it.

The only thing I see that can fix this is to impeach judges that are rogue, such as Ruth Bader Ginsberg some years ago saying it is OK to refer to other countries constitutions to determine if a US law is constitutional. Many people think that impeachment and conviction is the result of a crime and that is not necessarily true. Anyway, Congress will never do it.

88 posted on 02/05/2017 4:05:56 AM PST by Dave W
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To: Alberta's Child

Do we even know yet how deep is the loyalty of the DHS bureaucracy to General Kelly? Does he know? 2 weeks in his cabinet post and the boom drops
The optics of this chaos are not good to,the general public


89 posted on 02/05/2017 4:06:56 AM PST by silverleaf (Age takes a toll: Please have exact change)
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To: silverleaf

“Trump is too fast out of the gate on his own on too many fronts !!!!”

Bullshite! Trump is doing just fine. I know it’s hard to some to accept that a President would actually do what he said he was going to do but they need to get over themselves asap for the good of our nation.

“I would think a CEO knows more about delegating”

Unless you are a successful billionaire who’s run Trump’s organization I’m certain you know way less about being a CEO than Trump does.


90 posted on 02/05/2017 4:07:03 AM PST by TheStickman (And their fear tastes like sunshine puked up by unicorns.)
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To: Raster

What will stop the same judge from ruling that unconstitutional as well?

“Can’t the Pubs put up a bill and have DJT sign it on Monday?”


91 posted on 02/05/2017 4:11:42 AM PST by bill1952 (taxes don't hurt the rich, they keep YOU from becoming rich.)
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To: Alberta's Child

Don’t play their game.

Ryan & McConnell can pass a bill which mimics the EO.

Is a judge going to say that Congress does not have plenary power over immigration?


92 posted on 02/05/2017 4:11:47 AM PST by Ray76 (DRAIN THE SWAMP)
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To: sheikdetailfeather

It’s time for Trump to completely scratched earth,

Stop all those non profit refuges program we are funding immediately.

No more State dept paying that phony Lutheran or Catholic charities scam for Muslims .

No welfare refugees.Have the dept freeze those programs on Monday.

Shows the Demcrats is over .
Scratched earth is here and then Hand over Soros to the Russian govt who want to extradite him .


93 posted on 02/05/2017 4:13:15 AM PST by ncalburt
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To: ncalburt

scorched earth

I had apple iPad misspell check .


94 posted on 02/05/2017 4:15:15 AM PST by ncalburt
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To: Steelfish

9th Circuit. Predictable. Justice should go straight to Supreme Court and bypass the 9th.


95 posted on 02/05/2017 4:15:19 AM PST by Old Retired Army Guy (frequently.)
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To: Old Retired Army Guy

agreed.

ask for a stop from them and them arguments in May .


96 posted on 02/05/2017 4:17:54 AM PST by ncalburt
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To: Lazamataz

Exactly right. That is why black robed tyranny is so important to them. constitutional judges take note.. why didn’t you do this the last 8 years? Somehow, I think we have fooled ourselves into believing the left is all looney squishy shoes.. looks like they are more intent and more able than we are.


97 posted on 02/05/2017 4:21:42 AM PST by momincombatboots (Pray for Sky, 20, two gunshots to abdomen, college student, hostess, easy prey n transformed US)
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To: SharpRightTurn

…and Gorsuch will not be confirmed before SCOTUS gets this case to enable the Appeals Court to be the final arbiter.


98 posted on 02/05/2017 4:22:04 AM PST by newfreep ("If Lyin' Ted was an American citizen, he would be a traitor.")
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To: silverleaf

If the loyalty of the DHS bureaucracy is your concern, then you might as well point out that Trump’s initial executive order may have been completely ineffective.


99 posted on 02/05/2017 4:27:16 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: nralife

Not really.

Those ####s.

Like I just said in another thread, anyone who is killed/hurt/raped by one of these animals now allowed to come in...their menfolk should be allowed 10 minutes in a room with all the deciding judges and pelosi and reid. One at a time.


100 posted on 02/05/2017 4:28:24 AM PST by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)
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