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 ...
Blood will be on their hands if someone is hurt.
Are there any constitutional lawyers on here? What can be done with judges who make decisions for political reasons? Everyone knows what the dems could not do with illegals, the courts are doing for them... that is not their job. Just like Roberts on the health care.. no one raised a fuss over what he did.. Isn’t it time we raise a fuss? Isn’t it time we get activated against these judges? Can Sessions do anything with this?
What I heard from the gov lawyer in Washington state, it was not as hard hitting as should have been.. but we are fighters now that we have Trump... what is there that can be done with this. I HATE to be beaten by the other side using corruption and tricks. We can’t lay down and take it. It takes the sails right out of the momentum... and they are attacking on all fronts... Give them hell!
This is not games any more.. we are going to have so many in our country that we are going to live under attacks any time they damn well please...
About 10% of federal judgeships are currently vacant, not just the Supreme Court seat. And Trump will put his appointees into every single one of them.
Whatever the President’s next step is, it should be second only to firing the POS lawyer who argued this case on behalf of We, The People.
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
LOL, Trump had this planned the entire time.
He gave them the false order. Now? This one is bigger and more inclusive and he will not give one shit what a court says. It will also include language about those that try to defy the order.
Check Mate....
This is beyond outrageous. The 9th circuit are nothing less than black-robbed judicial terrorists. Blood will be on their hands.
Believe it or not, there are some “legal scholars” who believe exactly that..
What a bizarre time with LIB lunatics running amok...from the streets to the courts. These judges really act as if they above the Rule of Law. Time will tell if we are to be “ruled” by judicial fiat. I hope each judge involved gets sued by the family of persons murdered or injured by illegal aliens.
That’s what I said too! Keep the EOs coming!
That’s one idea.
The idea I had is a specific work up of USC 1182 Immigration act which he used which specified it was POTUS perogative...just define that further and put in...no advice an consent needed and no Judicial interference this decision when it comes to national security is the PRESIDENTS ALONE
whichsi what this law says
the ruling discusses hardshipa an a whole pile of caca that is not even relevent......activist judges make me fume!
Freegards
LEX
Blood is already on the judiciary’s hands. More blood will be on their hands after this.
Agreed. The court is ruling in defiance of statute law, historical precedent, prior Supreme Court rulings, and the Constitution.
They don't have a leg to stand on, but are doing it anyway, which is the very definition of insurrection.
The other two branches of the federal government have just taken a cannonball to the water line. I hope they react accordingly.
Then why does it sound from his tweet as if he’s simply taking this up to the deadlocked SC?
(Though I must admit I like the idea of Trump getting even by vigorously executing all the immigration laws we have on the books—and coming up with another executive order that accomplishes what these clowns are trying to stop him from accomplishing.)
Paul Ryan’s House? Mitch McConnell’s Senate?
Make no mistake, this a de facto coup, with rule from the Bench that will be backed up by Ryan and McConnell. I predict judges will make millions of citizens from non-citizens by the 2018 election.
Let me expand that. The entire opinion seems premised on the fiction that aliens outside of the United States have Constitutional rights.
And to think, I just wish I had Constitutional rights when I go to Mexico.
Can the President cut off all aid to illegals? Stop the welfare, stop paying for their housing.. stop giving them health care.. stop everything.. they come here, they are on their own... it used to be that way... why can’t it be that way now. Who pays for their plane trip here? anything the gov pays.. cut it! make those who bring them here, pay. the last bunch brought in were vetted by the UN... give them to the UN... but don’t make it so sweet to get off that plane!
From page 28:
By contrast, the States have offered ample evidence that if the Executive Order were reinstated even temporarily, it would substantially injure the States and multiple “other parties interested in the proceeding.” Nken, 556 U.S. at 434 (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)).
When the Executive Order was in effect, the States contend that the travel prohibitions harmed the States’ university employees and students, separated families, and stranded the States’ residents abroad. These are substantial injuries and even irreparable harms.
See Melendres v. Arpaio, 695 F.3d 990, 1002 (9th Cir. 2012) (“It is well established that the deprivation of constitutional rights ‘unquestionably constitutes irreparable injury.’” (quoting Elrod v. Burns, 427 U.S. 347, 373 (1976))).
If the president keeps going to court, he plays right into their lawless hands and they’ll simply continue to overturn him. They must be put in their place somehow. This cannot continue.
This ruling is in direct contravention to the Constitutional requirement that, “The United States…shall protect each of [the states] against Invasion” (Article IV, Section 4) which should have trumped the TRO (illegal and potentially dangerous immigration is invasion).
The case in the Robart court in Washington wasn’t a good faith challenge to the merits of Trump’s EO but a move to issue a temporary restraining order (TRO) which was issued in bad faith IMO since no irreparable harm was shown to validate a TRO. It’s a TRO//restraining order hearing where they’re arguing the merits of the EO instead of proving the need for a TRO/restraining order and they have failed to do so as I see it. Freaking Leftist courts.
The U.S. Code Title 8, Chapter 12 statue appears to be contradictory because of U.S.C. 1152 (a)(1)(a) (anti-discrimination clause) which is being used in these challenges. Congress needs to clean that up.
Neverteless, Article IV, Section 4 absolutely trumps the valid or invalid TRO/restraining order.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.