Posted on 02/04/2017 4:35:48 AM PST by NYer
Federal district Judge James Robart of Seattle ordered a complete, nationwide temporary restraining order against President Trump's temporary ban on visitors from seven Middle Eastern countries. If you read the ruling as I have, you can see this is clearly unconstitutional on its face, and constitutes a judicial coup against President Trump and the executive branch.
1) The standards for granting a temporary restraining order are quite high. The plaintiff must show that he is likely to succeed on the merits, and would suffer irreparable harm if the injunction were not granted. Here the people from the excluded countries cannot show irreparable harm, only that their entry to the United States would be delayed. And they are unlikely to succeed on the merits, because the President has no obligation to let foreigners into the country. On the contrary, there may be irreparable harm if the temporary travel ban is lifted, as terrorists may enter the country and kill people.
2) By the way, the plaintiffs here aren't even the people from the excluded countries. They are the states of Washington and Minnesota who claim their citizens would be harmed if the temporary ban were not lifted; perhaps Microsoft is being deprived of some cheap labor. It's a flimsy argument at best. This ruling has no substantial effect on states' residents, contrary to what Judge Robart has said.
3) President Trump clearly has discretion to decide who to admit to the United States and who not to, when it comes to admitting people who are not citizens. Foreigners do not enjoy the protection of our Constitution. The fact that a citizen may incidentally benefit from a foreigner coming to America doesn't mean that that citizen has standing.
(Excerpt) Read more at americanthinker.com ...
Trump should have ignored this order....otherwise evey single time he does anything at all, some judge is going to stand up and stop it.
I am sure he knows this....and the reason he didn’t ignore it is because Trump knows that a lot of his new found friends in the GOP would not back him up if they saw a chance that he could get impeached....and then replace him with one of their own.....and right now there is NO ONE LIKE TRUMP. We would get a biz as usual GOPer.
So TRUMP SHOULD .....FULL SPEED AND DAMN THE TORPEDOES.
GO BIG OR GO HOME TRUMP. TELL THE JUDGES TO EAT CRAP AND MAKE THAT JUDGE THE LAUGHING STOCK OF THE WORLD. DON’T WORRY ABOUT THE BACKSTABBERS, KEEP ON THE ATTACK MY BROTHER!!!!!!
WE GOT YOUR BACK. REMEMBER U.S. THE PEOPLE
Trump could've completely closed off the borders to every single foreign national, except those on diplomatic missions and their families. That would be entirely within his authority under 8 US Code 1182.
I agree. Going to court over this unconstitutional order gives it credence. It should simply be ignored. It was already found to be legal by the DOJ. And it’s already legal for the President to decide matters of immigration to this country. President Trump should simply ignore the order.
It’s amazing how they found “standing” so quickly, but no one anywhere in the US had standing in any court to investigate Obama’s birth certificate
Like I say, they’re trying to set that scenario up. They want that card on the table among other cards. Everything they say and do seems to revolve around either impeaching him, killing him, undermining him, or controlling him. They were talking about impeachment before he was even sworn in. Every House seat will be contested in 2018 as well as 33 senate seats. Their plan is clear.
They’re gonna need bigger Kevlar catcher’s mitts.
Sadly this is a Bush appointed judge but from what I read sometime last year; the obama admin loaded the federal judgeship’s with liberal judges. This is obviously a serious, possibly critical, hole in our constitutional system of justice that needs to be addressed by congress and the sooner the better.
In other words; Houston We Have A Problem.
They judge shop!
They judge shop!
If a district judge has the power to “judge” nationwide then what’s to stop one from simply taking over the country?
If a district judge has the power to judge nationwide then whats to stop one from simply taking over the country?
++++
Ultimately the Supreme Court.
The fact that this Court Make a ruling Cover Ying the whole country was a surprise to me too. But Trump is honoring the decision and preparing the appeal. That appeal will certain involve a request for a stay on the execution of the ruling. If Trump wins then it will be over assuming that we will have a 5 to 4 advantage with the Supremes by the time the case get to them.
So This is about news that never happened and will not happen. It exists only in the drugged out mind of the so called reporters/journalist/mediots writing this non news.
So, it doesn't even qualify as fake news! .
I have a new tagline when I reply to a post about news that never happened nor will happen. It doesn't even qualify as fake news!
Unfortunately after this last year, I don't think that was an honest mistake.
I wouldn’t count on the SC even with Gorsuch. You Roberts is STILL compromised.
This means if President Trump allows this to stand, our election is null and void, and we are ruled over by a handful of tyrant Judges who rule by decree.
Our Republic is dead.
When Newt ran last time he had a solution for these lessor courts and Judges, I wish someone had listened.
No, by design. These cowards have used the Courts to hide their true agenda for decades. Anyone remember when little Jebby washed his hands of the Terri Schiavo murder case? Saying the Court had ruled and his hands were tied. Jeb wasn't the only one that hid, so did the whole of Congress, because they are in agreement with the concept.
Exactly. I'm no lawyer or legal scholar so I have the same question: How does a Federal DISTRICT Judge have the power to implement a Nationwide Ban on anything?
Absolutely — so the Court of Appeals is the liberal Ninth Circuit...
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