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Federal appeals court maintains suspension of Trump’s immigration order
WaPo ^

Posted on 02/09/2017 3:21:48 PM PST by mandaladon

A federal appeals court has maintained the freeze on President Trump’s controversial immigration order, meaning previously barred refugees and citizens from seven Muslim-majority countries can continue entering the U.S.

A panel with the U.S. Court of Appeals for the 9th Circuit upheld the ruling of U.S. District Judge James Robart, who had decided Friday that Trump’s temporary travel ban should be put on hold. The Department of Homeland Security soon suspended all enforcement of Trump’s controversial directive.

The Justice Department, representing the Trump administration, could now ask the Supreme Court — which often defers to the president on matters of immigration and national security — to intervene. The Supreme Court, though, remains one justice short, and many see it as ideologically split 4-4. A tie would keep in place whatever the appeals court decides.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Breaking News; Culture/Society; Government; News/Current Events; Politics/Elections; US: California; US: Washington
KEYWORDS: 9thcircuit; 9thcircus; aliens; courtofappeals; immigration; ninthcircuit; refugees; ruling; travelban; trump
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To: snarkytart

Agreed, this has no vagary to it. Yet he lost a unanimous decision. Confirms my earlier reasoning that unless he challenges the courts directly by refusing to acknowledge their false assertion of jurisdiction, his entire “drain the swamp” agenda will be tied up in these renegade courts until long after he leaves office To whit, DeVos will be sued several times a day if she tries to reform education one little bit.


181 posted on 02/09/2017 5:08:28 PM PST by crusher (GREEN: Globaloney for the Gullible)
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To: Scott from the Left Coast

Np patriot wants any violent conflict (especially when the Marxist was president).

Now I see only one alternative to CW2. Does President Trump have the courage to actually do it? I don’t know.

If the traitors are not ‘permanently disappeared’, they will just re-arm via Soros, etc., and keep coming back to steal our liberty and our nation.

Not only the violent ones in the streets, but the just as dangerous ones in government.

Sad to say, I think the time is almost here. It just looks to me like the hill upon which to take a stand. It’s like our President said: “We either have a country, or we don’t.”


182 posted on 02/09/2017 5:09:46 PM PST by Kalamata
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To: Scott from the Left Coast

I wouldn’t panic, sir. Have faith...


183 posted on 02/09/2017 5:10:02 PM PST by Heavyrunner (Socialize this.)
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To: mandaladon

The court ruling is illegal. We shouldn’t have to follow it.


184 posted on 02/09/2017 5:10:23 PM PST by virgil (The evil that men do lives after them.)
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To: snippy_about_it; Lurking Libertarian
This is one of the more disturbing parts of the decision, IMO.

The idea that universities' desire to keep fleecing foreign students of their dollars should take precedence over the national security judgments of the executive branch is unsettling.

Khalid Sheikh Mohammed was only allowed into this country because a failing college needed cash from foreign students, many of whom were Islamists and jihadists.

185 posted on 02/09/2017 5:11:52 PM PST by OddLane
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To: FredZarguna

I’ve read the opinion.

I THINK it says that all persons on Earth, especially aliens who do not reside in the USA, have due process rights pertaining to a) Visas and b) Sojourning in the US, and by extension c) Green cards and (probably) d) voting.

It definitely says that the People, through their representatives, have NO RIGHT to pass the laws under which they will be governed, or at least no right that any court or Federal judge is bound to respect.

It is naked revolution.


186 posted on 02/09/2017 5:17:19 PM PST by Jim Noble (Die Gedanken sind Frei)
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To: WashingtonFire
I think Civil War II began tonight

YES! But this Civil War starts with getting our butt in gear, getting off our sofa's, and becoming involved!!

Kiddo's, the fight is the trenches. Let's get this done. GET INVOLVED LOCALLY. That's were our power starts.

187 posted on 02/09/2017 5:17:36 PM PST by lizma2
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To: johnny reb

Damage caused by aliens granted residence rights by a court are a very minor part of this decision.

What is at issue is whether or not the People can pass the laws by which they are to be governed, or not. Even if every single alien admitted by the court over a legal and constitutional executive order were a saint, it would be irrelevant to the damage done to our right to pass our own laws.


188 posted on 02/09/2017 5:20:26 PM PST by Jim Noble (Die Gedanken sind Frei)
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To: Professional
Holy cow, we have a coup in progress by the courts. And it appears that Trump put it there on a silver platter for them.

I've been saying since the beginning of this kerfuffle, that the President walked into a trap when he decided to take this to the courts.

His authority to restrict travel from ANY country, if he feels it's in the country's national security interest to do so, is firmly grounded in the law, precedent, and the Constitution.

He should have defied the Seattle judge's restraining order, and condemned him for judicial overreach. Instead, he allowed the matter to go to a higher court, which then automatically granted the judicial branch authority over the executive branch, in a matter that is literally beyond their jurisdiction to rule on.

What a mess...

189 posted on 02/09/2017 5:24:26 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: OddLane

If the court’s ruling was partially based on the EO’s effect on college admissions, or whatever, it is clearly, fatally flawed. The LAW says nothing about the effects of a presidential ruling on any subset of immigrants; the discretion is with the president. The court is legislating from the bench and usurping the executive authority.


190 posted on 02/09/2017 5:26:34 PM PST by Steve_Seattle
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To: Windflier

You are absolutely correct.

I’m holding out by a thread of hope, that any minute now, Trump has some sort of poker hand he throws down and blows this all away. As each minute passes, it appears not to be the case...

When the left realizes just how empowered they’ve become from this? Damn...


191 posted on 02/09/2017 5:26:41 PM PST by Professional
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To: mandaladon

Recess the senate, make recess appointments. Can this be done? Personally I would rewrite the EO and ignore the courts, the law is on his side.


192 posted on 02/09/2017 5:30:25 PM PST by saturn
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To: All

Stop already. We are acting as badly as the snowflakes who supported Hillary.

This is not over. Trump has numerous ways to circumvent the 9th Circuit decision. Everyone knows the Ninth is the most reversed Circuit court and this will too not likely stand up to scrutiny by the SCOTUS.

Look at this way. The District and Circuit courts are now in the position of hoping NOTHING of a terrorist nature happens. This is across the board. Should an attack happen in Europe, it only shows Trump was right in his assessment of the failure of the current vetting process.

If the Justice Department takes it to Justice Kennedy, he could reverse the Ninth and reinstate the EO since the Ninth falls under his jurisdiction.

Worst case, the EO could be re-written in a form that would pass judicial muster.

Imagine if an Ohio State or San Bernardino would happen in the next couple of weeks by a “refugee”. What would Schumer and the Democrats say then?

Most of us are not attorneys and we don’t have all the information available to our President. Let’s quit the hand-wringing and see what happens. I support our President and will give him the benefit of the doubt.


193 posted on 02/09/2017 5:30:47 PM PST by offduty
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To: gogeo
Sessions is onboard.

Onboard with what - taking this to the next level of judicial entrapment and dissolution of the executive branch?

I sincerely hope not.

I would hope that Trump's cabinet and senior members of congress, understand the full gravity of what's happening here, and counsel the President to pull back and stand firmly on his recognised legal authority to do his job without seeking permission from a branch of government that has shown itself to be in a state of insurrection against the Constitution.

194 posted on 02/09/2017 5:34:12 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Windflier

Exactly correct!


195 posted on 02/09/2017 5:35:02 PM PST by Professional
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To: Steve_Seattle
You don't just go and "break up" a federal court.

Congress has the constitutional authority to do just that.

196 posted on 02/09/2017 5:36:03 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: offduty

When you have a permission slip, never ASK for permission.

Trump had legal authority to close the border to who and what he saw fit. Instead the fool has asked the 9th for permission to do his job!??


197 posted on 02/09/2017 5:36:36 PM PST by Professional
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To: Scott from the Left Coast
"Effectively, Trump is now a neutered President. Every decision can now be taken to the same judge and overturned. The Democrats will force Trump to disobey the courts, and when he does...wham impeachment. The Republicans will never do it, their necks are on the line too."

I hate to say it, but you might be right. Somewhere in the country, there is a liberal court that will veto anything Trump tries, no matter how clear the law and precedent are.

But . . . I think of Nixon. He was president during a time of rampant, left-wing lawlessness, and he decided, "Hell, then I can break the law, too." He couldn't, and was forced to resign.

Trump and his supporters must resist the temptation to defy the lower courts, no matter how wrong they are. What matters is to get one more constitutionalist into the Supreme Court.
198 posted on 02/09/2017 5:37:11 PM PST by Steve_Seattle
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To: Trumpisourlastchance

People should say this loud and clear. These judges will be responsible!


199 posted on 02/09/2017 5:37:51 PM PST by dhs12345
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To: Steve_Seattle
The No Evidence Standard In Washington v. Trump
200 posted on 02/09/2017 5:38:53 PM PST by OddLane
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