U.S. court denies request to immediately restore travel ban

MSN Reuters ^ | February 5, 2017

[SMGFan]

WASHINGTON, Feb 5 (Reuters) - A U.S. appeal court late on Saturday denied a request from the U.S. Department of Justice to immediately restore a immigration order from President Donald Trump barring citizens from seven mainly Muslim countries and temporarily banning refugees.

The court ruling dealt a further setback to Trump, who has denounced the judge in the state of Washington who blocked his Jan. 27 order on Friday. In tweets and comments to reporters, the president has insisted he will get the ban reinstated.

[Gaffer]

This is nothing more than abuse of judicial power and revenge for losing the election. Personally, I think the entire federal judiciary bench needs replacing.

[Lazamataz]

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:

• The language of the law is quite clear. The President can decide who, if anyone, is allowed to immigrate. Period. However, the left has never been a fan of the Rule of Law.

• I read that the 9th Circuit Court of Appeals delayed the Emergency Stay, intended to counter the Judge James Robart's order, with an eye towards a ruling Monday or Tuesday. This is the 9th Circuit, so I expect them to uphold the Judge Robart's ruling.

• This will, then, get appealed to SCOTUS. If it is slow-walked, we might be able to get Gorsuch appointed by then. The buzz is he will make it in by April or May. Otherwise, we get a 4-4 split Scotus decision -- unless Kennedy breaks to the side of the Rule of Law. He has before, he may again.

• Even if this becomes a SCOTUS split-decision, where the lower court ruling stands, it is only a temporary glitch. A split SCOTUS decision will only postpone the inevitable, the language of the law is quite clear. Since SCOTUS will have rendered no decision, the case can be brought again (perhaps through the venue of the Federal Judge who agreed that President Trump can actually do Presidential duties), and this ‘push’ will be rectified when we get Gorsuch (April to May of this year).

• This is where Obama and Trump differ. Let us say the roles were reversed, and Obama wanted this Executive Order to be carried out. Obama would purposefully pack the crew being imported with hardcore terrorists (and maybe even equip them and instruct them to act immediately) to show how right he was. He'd gladly let America take a few shots to get his way (eventually). Trump won't.

• Trump could take some strong actions, such as banning ALL immigration, but I feel that would be very bad optics. If I'm him, I let it play out. We win in the end.

[knarf]

I think these are actually good events in America.

I believe Trump is on solid Constitutional ground and that every court decision against him will ultimately get before the Trump nominated and installed SCOTUS, where it will finally be decided THEY are not the law makers !

Too many courts all over the country act and opine as if they are Congress passing a law and stupid public school "educated" buy it.

[Sooth2222]

"Traditionally, the President selects a nominee in consultation with the Senators who represent the state in which the judge will serve."

In other words, Bush needed to appoint many liberal judges. (So did Reagan.)

In theory, Obama needed to appoint conservative judges, but he seems to have crammed through more than his fair share of liberals.

[Dr. Scarpetta]

Exactly right.

[duckman]

As soon as I heard it was the 9th Circuit in SF, I new there would be an appeal rejection.

[raybbr]

To heck with an act of terrorism. What about the idea that these people will become another drain on our society never contributing and living like leeches off our taxes. Then their offspring will be citizens and vote more stuff for mommy and daddy at our expense. We have to stop being the welfare system for the world.

[raybbr]

To heck with an act of terrorism. What about the idea that these people will become another drain on our society never contributing and living like leeches off our taxes. Then their offspring will be citizens and vote more stuff for mommy and daddy at our expense. We have to stop being the welfare system for the world.

[kelly4c]

But it doesn’t matter. DM is running an article showing people are hurrying in while the ban is unenforced. It’s maddening what’s going on in this country!

[SkyPilot]

Amen to your post.

Can you give us insight of the way ahead if the cowardly House Republicans stick to their current "plan", which is "Do - Nothing"?

What are Trump's options?

1. Can he issue another order?

2. If the 9th "Circus" refuses to act, can he appeal to the SC?

3. Can he order agencies to comply in such a way as to go around the Seattle judge's order?

What's next?

I fear that if Trump is defeated on this, he will be severely weakened politically.

[Jimmy The Snake]

So the issue is really if a already issued visa is still valid, or can you say sorry not anymore get back in line

[jazminerose]

Works for me.

[SkyPilot]

•Trump could take some strong actions, such as banning ALL immigration

I thought the same thing Laz. Yes, it would probably be a mistake. The MSM would pummel him, Spicer, Kelly Ann, and we would not be able to fire our salvos effectively.

If, however (and God forbid) there is a major terrorist attack on this nation.....then I think Trump will act very decisively, courts be damned.

I had a dream a few weeks back that there was an attack on a large group of people gathered in one place, with many deaths. I usually don't remember my dreams, but I remembered that one.

[faucetman]

President “Bannon”? I thought “Trump” was president!

Oh, wait, I forgot Bannon = Trump’s “BRAIN” /s

[proudpapa]

Not if but when.

[Lazamataz]

If the terrorists have a clue, they will not act right now... .but nobody has credited those inbred morons with intelligence.

So we can probably expect an attack during the time that this order is suspended. It won't be attributable to the refugees, but to the public, that WILL NOT MATTER.

[hoosiermama]

Thank you for speaking up.
Book marking your post

[Yo-Yo]

How is it that a federal district judge in Washington State can make a ruling that has nationwide effect over a Presidential Executive Order?

It was always my understanding that it was only the DC district that could rule on federal issues.

If any federal district judge can make a nationwide ruling, then the other side will judge shop an issue all over the nation until they get the ruling they want, exactly as what happened in this case.

[ncalburt]

this is what is flooding our country with Muslims.

Stop these Payments on Monday.

Freeze all refugees opcharity scams now.

No visas for relatives of refugees .

The new State head should freeze all if it and use this mess as excuse.show they left wing rat party who is in charge.

stop all refugees visas now,

[FlipWilson]

Any act of terrorism committed on our soil is now ON them. The American people know it. They understand what this travel ban is aimed at.