Posted on 02/04/2017 5:13:41 PM PST by ColdOne
Even the 9th circuit semi follows the Constitution. There is not even a single precedent for the Seattle judge’s ruling. The SCOTUS has spoken to this issue previously. It will be a quick overturn.
Why doesn’t Trump use Obama’s little trick: instead of issuing EOs, which have to be based on the law and are numbered and recorded, Obama used something called the Presidential Memorandum option. They have the SAME power as EOs, but are not recorded, do not have to be based on a current law and as some Dem said, “it sounds a lot nicer than an Executive Order, which can bring to mind Imperialism”....
So is there a reason Trump is not using this ‘method’?
Its a rogue circuit. You cant trust it or a scotus missing a justice that ends in a tie.maybe 9th will do the the right thing...but dont count on it.
Trying to understand how a judge can overturn an presidential executive order AND if it was just that easy why did 44 get away with what 45 is trying to do ? Precedent was set by multiple administrations ..... confused. If ya have time ....
He should have ignored the order or just delayed it indefinitely.
Then sent strict orders to his employees mangers to terminate any one that violated his orders like President Reagen did with the air controllers. When a few dozen lost their jobs this would have stopped.
He still needs to fire everyone who disobeys his orders
You can't run all those law enforcement agencies or the armed services when everyone from the janitors to department head or going to refuse or debate every order you give.
If he doesn't maintain his authority the democrat and republican establishment are going to make him totally unable to effectively do his job.
The people he appoints needs to get some tough managers in those offices and put them people to work and those that want to cause trouble or play politics need to be dealt with quickly and firmly.
So at this point what keeps some judge from ruling against any of his EO? Such as the pipelines or any of the EPA stuff? Everyone knows how wacko the environmentalists are!
As an aside, this is the 2nd CNN article I’ve seen from Valerie Jarrett’s daughter (CNN employee since Sept) in the last few days.
Thanks for the link. The bases for the order are not concrete bur it is only a TRO. I’m ok with having or government’s orders tested.
Give me a break.
Immigration law being the Executive Branch's domain is codified in granite. Just 5 years ago SCOTUS smacked down AZ for merely ordering their law enforcement to follow the same laws as the Feds.
Look, this country is at a tipping point. If Trump would have defied this judge, the powder keg would have exploded. I for one don't mind that it does, because we need to deal with it sooner or later, but Trump's presidency is just days old.
Let the judges and the Left enjoy their Pyrrhic victory. My prediction is that even the 9th Circus will uphold Trump's order and if it goes to SCOTUS they'll smack it down as well.
Trump has aces up his sleeve. Trust me.
I look forward to Trump pushing back on the fake and false “mooselimb” ban meme.
Heck, the current vetting is non-existent.
Challenge the msm perpetuating the smear. Ask them how they know the migrants are actually Muslim???? The vetting is SOOOO weak we cannot determine their actual religion
Looks like your prediction fell flat, and mine was right on the money.
The 9th Circuit has, as I predicted, denied the DOJ's motion to lift the lower court judge's restraining order. It will now have to go to the USSC, which will deadlock 4 to 4, upholding the 9th Circuit's decision.
Result? The President is nullified.
Exactly my thought, as well. The left is going to attempt to nullify this president through near constant lawsuits.
The President should have told this judge to pound sand.
The Seattle judge based his ruling on rational review which requires the law making branch to prove with facts in court that their position is the correct one. This obviously goes against separation of powers and attempts to bring congress under the purview of the judiciary. There are numerous precedents against this and SCOTUS has ruled against this previously. None of the appellate courted will uphold this ruling. Not even the 9th.
Damn...
It appears now, that the 9th Circuit denied the emergency stay of the lower court judge's ruling, pending a full review by the court, so your prediction hasn't completely failed at this point.
That said, we're talking about the most liberal circuit court in the country. I still believe they're going to agree with the Seattle judge, which will then automatically throw the appeals process to the USSC, which will then deadlock 4 to 4.
This is a dead end trap for the President. If I were him, I would instruct the DOJ lawyers to hold off on filing the final appeal to the USSC, and just enforce the travel ban while the case sits in limbo.
I don't really know if that tactic will work, but this is a true constitutional crisis. The President must somehow exert his legal, constitutional authority over the executive branch, or he's effectively nullified and deposed.
If there is a terrorist incident involving otherwise banned travelers from the 7 banned countries, there will be an massive awakening of middle America’s Trump supporters. No more of this whining, pouting and protesting. The left will only do so at the risk of life and limb.
By doing it this way the 9th prevented Trump from going directly to Kennedy where had a fighting chance of prevailing. The left is winning this thing no doubt about it. McConnel cut him off at the knees today with the Judge and voter fraud. That plus the idiotic thing he said on the O’reily interview adds up to a very bad couple of days. His numbers are going to tank in the short term l just hope it doesn’t cost him the AG or DeVos.
I think Trump has more of the 'right stuff' to do this job than anyone in living memory. He just needs to be who he is, and get on with it. Everything else will fall into place.
I'll continue in prayer for him.
He will need to work hard with the public to educate them about how our system of government is supposed to work, and to wean them away from accepting that a judge will "fix" laws that other people voted on and that a vocal few don't like (e.g. Prop. 8 and Prop. 187 in California).
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