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Judge's Ruling that New Executive Order Violates the Establishment Clause “Fundamentally Flawed”
ACLJ News ^ | 3/15/2017 | Jay Sekulow

Posted on 03/15/2017 10:54:30 PM PDT by LeoWindhorse

A federal district judge in Hawaii has just issued a Temporary Restraining Order (TRO) blocking the key provisions of the President’s revised Executive order that pauses the refugee program and admittance of foreign nationals from 6 terrorist hotbeds (Syria, Iran, Sudan, Libya, Somalia, and Yemen) until thorough vetting can be put in place.

The court disturbingly ruled that these two provisions – pausing refugees and foreign national entry from 6 nations – target Muslims and violate the Establishment Clause.

The court created a constitutional crisis where none existed. The court’s Establishment Clause analysis is fundamentally flawed and ignores the separation of powers. Worst of all, it puts our national security at risk.

(Excerpt) Read more at aclj.org ...


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; US: Hawaii
KEYWORDS: 9thcircuit; aliens; hawaii; hawaiijudge; idiot; judgederrickwatson; liberals
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To: invinciblebeast

Correct! And that requires a Speaker with courage.


21 posted on 03/16/2017 1:36:18 AM PDT by ReaganGeneration2
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To: LeoWindhorse

If the Establishment Clause applies to foreign people on foreign soil, I DEMAND that we reclaim the billions we have spent rebuilding mosques and helping Muslims in foreign countries.

We don’t use tax dollars to establish Christianity here. Why are we spending tax dollars to spread Islam elsewhere?


22 posted on 03/16/2017 2:03:36 AM PDT by unlearner (So much winning !!! It's Trumptastic!)
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To: Cboldt

Exactly, and two of Mark Levin’s Liberty Amendments deal with tyrannical courts.

First, repeal the 17th Amendment. A majority of state appointed senators will not appoint radical anti-10th Amendment judges.

Second is an amendment to empower states to overturn court decisions on a vote of 34 state legislatures.


23 posted on 03/16/2017 2:08:42 AM PDT by Jacquerie (ArticleVBlog.com)
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To: LeoWindhorse

Yes, they are. But they also have spine, don't back down, and have been itching for a fight. It's about time we forget about the "moral high ground" and get in the mud with them. Let the brawl begin.


24 posted on 03/16/2017 2:19:40 AM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: LeoWindhorse

Amazing how this judge wrote, edited and published a 43 page opinion in only two hours.

A frickin’ genius! /s


25 posted on 03/16/2017 2:21:28 AM PDT by exit82 (The opposition has already been Trumped!)
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To: BeauBo

I wonder if Obama and Judge Wartson have “handlers” from the same organization?


26 posted on 03/16/2017 2:27:05 AM PDT by House Atreides (Send BOTH Hillary & Bill to prison.)
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To: LeoWindhorse; Fred Nerks

The fact remains, the Executive order is a lawful exercise of the President’s constitutional and statutory authority to keep America safe from terrorism. We are now working around the clock, preparing new briefs. This case will go to the Supreme Court.>>>>>>>>>>>>>>>>>>>>>>

Kudos Leo ! Give battle to the lib-tards . I am amazed that the president is thought in nationalist socialist circles not to have authority to regulate immigration to the United States. Another “moral imperative” which supersedes the law?

The much wider question is : “ Do we now live under a system which places a doctrine of supremacy to establish national rule by racial and ethnic minorities as a class of people? That’s really what Derrick Watson has accomplished.Its liberal fascism.

This represents an attempted coup against the executive branch and legislative branch of government by racial and ethnic minorities within the United States.This was the stated policy of the Obama movement, now defeated electorally. We must not allow this coup to be accomplished,. even if we must bear arms against it.

Keep at it Leo, wishing you all the best.


27 posted on 03/16/2017 3:14:35 AM PDT by Candor7 ((Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: hillarys cankles; ExTexasRedhead
Trump needs to tell the public that we will be ignoring these partisan judges because they have no power to stop these orders.

Of course the rulings are a power grab and completely unconstitutional. But they want Trump to defy them. That is the impeachment trap that the RINO traitors and the demonrats are setting.

28 posted on 03/16/2017 3:17:31 AM PDT by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: invinciblebeast
Congress should exercise its power to remove jurisdiction over this issue from the federal courts.

Good luck with that.



29 posted on 03/16/2017 3:20:21 AM PDT by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: ReaganGeneration2

Trump should tweet it and call it out why he will ignore it and it borders on treason. Some vacation!

He should also tweet sympathy for the secret service who has to protect Obama while he plots to destroy this nation.


30 posted on 03/16/2017 3:49:32 AM PDT by CincyRichieRich (Drain the swamp. Build the wall. Open the Pizzagate. I refuse to inhabit any safe space.)
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To: Cboldt

“As long as the public gives courts this power, the courts will continue to abuse it.”

Congress determines the jurisdiction of the federal courts. Congress can remove the authority of the federal courts to act in matters of immigration and naturalization.

The Senate approves the appointment of federal judges. The House and Senate acting together can remove federal judges from the bench.

Congress is elected by the public. The public reelects over 95% of Congressmen and Senators each election cycle. Apparently the public is satisfied with their representation and the conduct of federal judges. Congress seems to feel no pressure from the public to do anything about judicial overreach.


31 posted on 03/16/2017 4:01:18 AM PDT by Soul of the South
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To: Cboldt
"As long as the public gives courts this power, the courts will continue to abuse it."

The uniparty and the politicized Judiciary do not intend to allow Trump and the people to rule. The consent of the governed needs to be withdrawn. It may take peoples' courts determining the fate of these rogue judges to restore border sovereignty to the US.

32 posted on 03/16/2017 4:42:41 AM PDT by Truth29
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To: LeoWindhorse

The left is attempting to establish a “right” to emigrate to this country by extending constitutional protections to foreign citizens.


33 posted on 03/16/2017 4:44:15 AM PDT by headstamp 2 (Fear is the mind killer.)
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To: SkyPilot
Good luck with that.

Seriously. The DemocRATs couldn't have wished for a better set of Republicans than that bunch of idiots.

34 posted on 03/16/2017 4:45:44 AM PDT by COBOL2Java ("Game over, man, game over!" (my advice to DemocRATs))
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To: Soul of the South
Congress is elected by the public. The public reelects over 95% of Congressmen and Senators each election cycle. Apparently the public is satisfied with their representation and the conduct of federal judges. Congress seems to feel no pressure from the public to do anything about judicial overreach.

Any why should they? As long as the free stuff flows, most elected officials needn't fear their constituents. With the media feeding the pap and the publik skool system dumbing them down, what is there to worry about?

"Wow, Trump bad!"

The movie "Idiocracy" wasn't meant to be a documentary.

35 posted on 03/16/2017 4:54:10 AM PDT by COBOL2Java ("Game over, man, game over!" (my advice to DemocRATs))
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To: LeoWindhorse

Furthermore, Islam isn’t just a religion. It’s a political war plan masquerading as a religion for the convenience of those higher up in the Muslim hierarchy. The courts refuse to recognize, or even address that.

Back in the 20th century, Communism was like a religion (Marxism still is for many of its most devoted adherents), but never claimed to be, so there was little problem recognizing it as a political threat. With Islam, the political and cultural threat hides behind the cloak of religion.

When a system instructs its adherents to act seditiously and violently, it is well outside what the founders meant by religion in the sense of theology.


36 posted on 03/16/2017 5:06:05 AM PDT by Pearls Before Swine
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To: LeoWindhorse

In other news a federal judge has blocked FDR from attacking the Japs... It would be considered racist to attack a nation of Asians!


37 posted on 03/16/2017 5:13:13 AM PDT by TexasFreeper2009 (Make America Great Again !)
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To: Soul of the South
-- Apparently the public is satisfied with their representation and the conduct of federal judges. Congress seems to feel no pressure from the public to do anything about judicial overreach. --

Or not much pressure. I figure maybe 10-15% of the public actually has a clue. Case in point is the eligibility of born-in-Canada Ted Cruz and Obama with a foreign-born father. I guarantee you that at least some Congresspeople know the law, certainly in Cruz's case, yet they would allow it to be violated because the public accepts it.

At any rate, good additions to my remarks by you. I was using a shorthand by saying "the people allow it," when reality is considerably more complex. In part, that Congress has powers too, that are independent of what the people want.

None of the branches is trustworthy. I don't trust Congress to set wise immigration policy any more than I trust the Courts to apply the law. The governing elite will milk and control the public eventually. It's the way of the world.

38 posted on 03/16/2017 5:25:09 AM PDT by Cboldt
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To: LeoWindhorse

...we will be ready to file crucial amicus briefs once again in federal appeals court...

It doesn’t matter. They didn’t apply the law to the facts. The law makes absolutely no difference to Liberals when n they don’t agree with it. They are their own law.


39 posted on 03/16/2017 5:35:46 AM PDT by Sasparilla ( I'm Not tired of Winning)
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To: MrDaddyLongLegs

Heck yeah, Deceember 7, 1941 we should have had a welcome mat out for the Japanese at Pearl Harbor. They only were seeking jobs and a better life. If only we had signalled for them to land.


40 posted on 03/16/2017 5:37:07 AM PDT by taterjay
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