Appeals Court Denies Justice Dept Motion to Lift Travel Ban Restraining Order [9th Rebuffs Trump]

ABCNews ^ | February 05, 2017

[Steelfish]

Appeals Court Denies Justice Department's Motion to Lift Travel Ban Restraining Order By DEAN SCHABNER DAVID CAPLAN Feb 5, 2017 The U.S. Court of Appeals for the 9th Circuit announced early Sunday morning that it has denied the Department of Justice's emergency motion -- filed late Saturday -- to issue an immediate stay on a Washington State judge's temporary restraining order of President Donald Trump's controversial travel ban.

"The court has received appellants' emergency motion (Docket Entry No. 14)," read the order from the appeals court. "Appellants' request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied."

Lawyers from Washington State and Minnesota, who brought the challenge to court in Seattle, have until Sunday at 11:59 p.m. Pacific Time to file a response to the Department of Justice's request. The Justice Department then has until Monday 3 p.m. Pacific Time to file a reply brief.

Lawyers for the Department of Justice argued in the filing that the restraining order is "vastly overboard," and it "second-guesses" the commander in chief.

[Ray76]

The law is crystal clear and there is substantial judicial precedent. These judges are grand-standing prima donnas.

[Lmo56]

This might definitely have to go to the Supreme Court. I do not see them siding against POTUS.

FWIW: If a terror attack was to occur by individuals allowed into the country during the interim, it could be cause for judicial impeachment of inferior judges under Article III.

[StAnDeliver]

I don't understand the panic; I do understand the law.

I could go into detail but I won't, it's just not reasonable to expect anyone but a very few FReepers to understand appellate law.

However, there is a prime oppo in all this:

Unless Gorsuch is confirmed as rapidly as possible, and by all GOP voting yea in a bloc with no defections, then simply promise to take the travel ban to Congress, and remind them they will have to defend their vote either way in 2 years.

[Alberta's Child]

It's worth noting that the union representing the U.S. Customs and Border Patrol officers endorsed Donald Trump in the 2016 election. I believe it was the first time in the organization's history that they ever endorsed a candidate.

Even if the judge's order remains in place, these people have a lot of discretion in turning non-citizen travelers away at the border. I can easily see the DHS leadership advising the front-line officers to abide by the terms of the judge's order until instructed otherwise -- but to "exercise extreme caution" when dealing with travelers from those seven countries.

Heck -- if I were the judge who issued this stupid order I wouldn't feel comfortable traveling out of the country myself anymore.

[Alberta's Child]

P.S.: The Trump administration can always issue a new -- nearly identical -- executive order tomorrow ... and the Federal courts in the 9th circuit can go through this song and dance indefinitely.

Maybe that's the underlying strategy here. Keep them so busy dealing with this nonsense that they don't have any time to do any other damage to this country. LOL.

[Lazamataz]

Federal Judge James Robart overturning this Executive Order is the first substantial challenge to President Trump. There will be many more, but this is the first.

A view of it from my perspective:

• The language of the law is quite clear. The President can decide who, if anyone, is allowed to immigrate. Period. However, the left has never been a fan of the Rule of Law.

• I read that the 9th Circuit Court of Appeals delayed the Emergency Stay, intended to counter the Judge James Robart's order, with an eye towards a ruling Monday or Tuesday. This is the 9th Circuit, so I expect them to uphold the Judge Robart's ruling.

• This will, then, get appealed to SCOTUS. If it is slow-walked, we might be able to get Gorsuch appointed by then. The buzz is he will make it in by April or May. Otherwise, we get a 4-4 split Scotus decision -- unless Kennedy breaks to the side of the Rule of Law. He has before, he may again.

• Even if this becomes a SCOTUS split-decision, where the lower court ruling stands, it is only a temporary glitch. A split SCOTUS decision will only postpone the inevitable, the language of the law is quite clear. Since SCOTUS will have rendered no decision, the case can be brought again (perhaps through the venue of the Federal Judge who agreed that President Trump can actually do Presidential duties), and this ‘push’ will be rectified when we get Gorsuch (April to May of this year).

• This is where Obama and Trump differ. Let us say the roles were reversed, and Obama wanted this Executive Order to be carried out. Obama would purposefully pack the crew being imported with hardcore terrorists (and maybe even equip them and instruct them to act immediately) to show how right he was. He'd gladly let America take a few shots to get his way (eventually). Trump won't.

• Trump could take some strong actions, such as banning ALL immigration, but I feel that would be very bad optics. If I'm him, I let it play out. We win in the end.

[ncalburt]

I will dig around.

Smells like one of those Uniparty Clinton hacks that McCain
help ran thru with the Rat party but that label Bush.

It’s the Bush uniparty era.

[Dave W]

That is a good question. I remember reading in National Review several years ago, how the Courts had grown more powerful than the Constitution intended. The article had examples in which the President just ignored the Supreme Court and nothing happened. The article maintained that was appropriate since all three branches are supposed to be equal and the SC was never intended to dictate to the rest of us. It was not supposed to have the final word since the Presidency is co-equal. All the examples used in the article were from the 1800s. I can't remember the examples used but it was interesting.

However, today, it is different. If a president ignored the SC, the media would crucify the president as being rogue, etc. There would be riotous calls for impeachment and conviction and I think that Congress would oblige. The public today is brainwashed into thinking the SC is the final law and we are forced to follow it. I don't see a way around it.

The only thing I see that can fix this is to impeach judges that are rogue, such as Ruth Bader Ginsberg some years ago saying it is OK to refer to other countries constitutions to determine if a US law is constitutional. Many people think that impeachment and conviction is the result of a crime and that is not necessarily true. Anyway, Congress will never do it.

[silverleaf]

Do we even know yet how deep is the loyalty of the DHS bureaucracy to General Kelly? Does he know? 2 weeks in his cabinet post and the boom drops
The optics of this chaos are not good to,the general public

[TheStickman]

“Trump is too fast out of the gate on his own on too many fronts !!!!”

Bullshite! Trump is doing just fine. I know it’s hard to some to accept that a President would actually do what he said he was going to do but they need to get over themselves asap for the good of our nation.

“I would think a CEO knows more about delegating”

Unless you are a successful billionaire who’s run Trump’s organization I’m certain you know way less about being a CEO than Trump does.

[bill1952]

What will stop the same judge from ruling that unconstitutional as well?

“Can’t the Pubs put up a bill and have DJT sign it on Monday?”

[Ray76]

Don’t play their game.

Ryan & McConnell can pass a bill which mimics the EO.

Is a judge going to say that Congress does not have plenary power over immigration?

[ncalburt]

It’s time for Trump to completely scratched earth,

Stop all those non profit refuges program we are funding immediately.

No more State dept paying that phony Lutheran or Catholic charities scam for Muslims .

No welfare refugees.Have the dept freeze those programs on Monday.

Shows the Demcrats is over .
Scratched earth is here and then Hand over Soros to the Russian govt who want to extradite him .

[ncalburt]

scorched earth

I had apple iPad misspell check .

[Old Retired Army Guy]

9th Circuit. Predictable. Justice should go straight to Supreme Court and bypass the 9th.

[ncalburt]

agreed.

ask for a stop from them and them arguments in May .

[momincombatboots]

Exactly right. That is why black robed tyranny is so important to them. constitutional judges take note.. why didn’t you do this the last 8 years? Somehow, I think we have fooled ourselves into believing the left is all looney squishy shoes.. looks like they are more intent and more able than we are.

[newfreep]

…and Gorsuch will not be confirmed before SCOTUS gets this case to enable the Appeals Court to be the final arbiter.

[Alberta's Child]

If the loyalty of the DHS bureaucracy is your concern, then you might as well point out that Trump’s initial executive order may have been completely ineffective.

[dp0622]

Not really.

Those ####s.

Like I just said in another thread, anyone who is killed/hurt/raped by one of these animals now allowed to come in...their menfolk should be allowed 10 minutes in a room with all the deciding judges and pelosi and reid. One at a time.