Posted on 02/10/2017 12:51:03 AM PST by Helicondelta
Thursdays broadcast of CNNs AC360, CNN Legal Analyst Paul Callan argued that the 9th Circuit Court of Appeals ruling against President Trumps immigration order said the state of Washington is the representative of virtually anybody across the world whos not an American citizen. And it extends, in some respects, the constitutional rights of Americans, that only Americans are persons in the United States, to the world. And that the court overreached.
Callan said, I think what has surprised all the lawyers who have looked at this decision is that what the court said here is that the state of Washington, because it brings students into its universities, it brings customers into its restaurants, is the representative of virtually anybody across the world whos not an American citizen. And it extends, in some respects, the constitutional rights of Americans, that only Americans are persons in the United States, to the world.
(Excerpt) Read more at breitbart.com ...
Exactly what the 9th Circuit intends is national suicide by Islamic dilution. If the Islamic immigrants have the rights they demand, no one else will have any. Incredible.
Those three judges basically stripped America of her sovereignty. We are, apparently, not allowed to determine who comes into our country and who doesn’t now. To make it worse refugees may stay indefinitely and have an instant pathway to citizenship. This means war afaic.
Pretty much what happened. Non US citizens who have never entered the US now have full Constitutional rights.
Surprised CNN would host a guest who speaketh the truth.
NSS
Judge Napolitano is of the opinion that Kagan may be against the 9th’s ruling. I would have suspected Breyer. Who knows, maybe all of them. Obama was struck down 20 times in 9-0 decisions.
We can’t control who comes over our borders during war time?
Really?
The universities of Washington and Minnesota do not suffer a particularized injury. The injury (actual or potential) suffered by universities of Washington and Minnesota are no different from the injuries (actual or potential) suffered by universities of each and all states. The universities of all states - indeed all universities whether state owned or not - suffer identical injuries (actual or potential).
Executive Order 13769, Protecting the Nation From Foreign Terrorist Entry Into the United States
State of Washington & State of Minnesota v. Trump
https://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/09/17-35105.pdf
They let the libtard universities say, “we are GLOBAL institutions (they wish), therefore America can have no borders”....
The only real “interest” the judges found for WA and MN to give them legal “standing” was that their state universities can receive students and (rarely) faculty from those 7 countries, or any countries.
That is an absurd way to make the border and immigration policies of the USA, and they shredded the US Constitution, Congressional law-making, and executive authority in the process.
Charlatans, dishonest liberal charlatans!!
I am wondering if President Trump goaded them into this ruling to then get the Supreme Court to smack them down? The ruling looks so patently absurd.
VI. Likelihood of SuccessReligious DiscriminationAliens are "outsiders", they are "not full members of the political community" - they are not members of the political community in any degree at all.The First Amendment prohibits any law respecting an establishment of religion. U.S. Const. amend. I. A law that has a religious, not secular, purpose violates that clause, Lemon v. Kurtzman, 403 U.S. 602, 612-13 (1971), as does one that officially prefer[s] [one religious denomination] over another, Larson v. Valente, 456 U.S. 228, 244 (1982). The Supreme Court has explained that this is because endorsement of a religion sends the ancillary message to . . . nonadherents that they are outsiders, not full members of the political community. Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 310 (2000) (quoting Lynch v. Donnelly,
The Court is incoherent. They endow aliens with the rights and protections of citizens.
The States argue that the Executive Order violates the Establishment and Equal Protection Clauses because it was intended to disfavor Muslims. In support of this argument, the States have offered evidence of numerous statements by the President about his intent to implement a Muslim ban as well as evidence they claim suggests that the Executive Order was intended to be that ban, including sections 5(b) and 5(e) of the Order.The Order specifically cites section 8 U.S.C. 1187(a)(12) which was enacted by Congress prior to Trump becoming president.
Did Congress intend a "Muslim ban"? Did the prior president intend a "Muslim ban"?
Sections 5(b) and 5(e) of the Order:
5(b) Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.
5(e)Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest -- including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship -- and it would not pose a risk to the security or welfare of the United States.
This is evidence of a "Muslim ban"?
How many divisions does the 9th Circuit Court have? They will be run over and crushed.
Looks like the elites and TPTB are insistent on following that Greek godlet Thanatos, he of the self destructive tendencies. A reasonable response is to leave the West to its fate, hope for the best, and build elsewhere.
The SECULAR purpose is stated in the EO:
Sec. 3. Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern.There is NO mention of any particular religion.(a) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.https://www.whitehouse.gov/the-press-office/2017/01/27/executive-order-protecting-nation-foreign-terrorist-entry-united-states(b) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security's determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order. The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence.
(c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).
(d) Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.
(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.
etc.
When someone on CNN says the thugs on the Ninth overreached, you know the Ninth overreached.
CNN is to the left of Castro.
It is wholly political and designed to delay.
Robart’s TRO had no analysis, just pronouncements. But that was enough. Now the Ninth Circuit nonsense upholds the TRO. They’re egotistical fools.
Activist judges are bootstrapping for political purposes. Every one these so-called judges needs to be impeached: Robart because of his baseless declarations, and the Ninth Circuit for brainlessly and pompously refusing to stay the idiotic TRO.
I fully concur with you on this. A few friends of mine and I discussed these points earlier this evening. The Senate has introduced a bill that will break the 9th Circuit up. Also Robart does pro-bono work for refugees. That looks like conflict of interest does it not?
The Trump Administration could easily rip up this order and create another, and another and another ad infinitum. So why would they fight all fifty states in court for this thing? I cant see any other benefit to the trump administration why they wouldn’t find another way around this thing. It could be a matter of pride I guess. Maybe DJT doesn’t like to lose or doesn’t like being pushed around in the court system. He is the president after all. It could be that. And i’m fairly certain there’s a lot of democrats that think this the case.
I was thinking that since we’re assigning motives. Lets have a look into the crystal ball. Lets think ahead to when the terrorists launch their attack. Here we find DJT in the middle of a brutal months long court battle to shut down the borders. There is a pattern here. Months into a republican presidency while the democrats are busy playing reindeer games. Meanwhile three achmedz drive a truck bomb into NYC and detonate it downtown in times square. Hundreds of casualties. How’s that gonna play out politically. Suddenly the media will go silent about the previous days headlines. But DJT with his Twitter Machine will go NUTS!!
KAC will come online and appear on Every Station in the Nation talking about how DJT’s mozlum ban would have prevented this attack. Lieberals will be on Defense big time. The law is on the administrations side here. My instinct is that this inoculates them against the inevitable terrorist attack. And DJT’s not going to dismiss it as workplace violence, I think we can guarantee that.
Put another way: Gloablism.
Globalism Is Anti-Christ, Demonic, Theologians Argue
" too few understand the demonic forces driving this ideology."
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