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Trump vs Judge Robart: What Happened?
National Review Online ^ | February 5, 2017 | Dan McLaughlin

Posted on 02/05/2017 9:16:26 AM PST by Yardstick

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Pretty good rundown of the situation with some useful details and background.

Note that there are several embedded links in the source article that don't appear above.

1 posted on 02/05/2017 9:16:26 AM PST by Yardstick
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To: Yardstick

Summary:Democrats are not bound by laws; Republicans are prisoners of the law.


2 posted on 02/05/2017 9:21:57 AM PST by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: Yardstick

Reality is that the left is pushing the right, for a fight. Eventually, it’s going to be a question of who starts using muscle/shooting first.

The left will just continue to use the one thing they have left in this country, the 9th circuit and a bunch of liberal federal judges, along with vast armies of lawyers paid for by Soros and his kind.

At some point, the rest of us need to say enough is enough and incarcerate/remove these people.


3 posted on 02/05/2017 9:23:01 AM PST by Professional
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To: NTHockey
Republicans are prisoners of the law

Yup. And this is a way to tie us up in knots: endless legal arguments effectively preventing anything from happening.

Just an Alinsky tactic: Robart did not follow the law, but engaged in a burlesque of it. His ruling gave no arguments to buttress his assertions. But that will be litigated for weeks, while he chortles and calls his handlers who tell him "well done".

4 posted on 02/05/2017 9:27:16 AM PST by Regulator
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To: Yardstick

Since there is already a law on the books regarding immigration how can these Judges overturn the existing law?


5 posted on 02/05/2017 9:28:51 AM PST by mia
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To: NTHockey
Summary:Democrats are not bound by laws; Republicans are prisoners of the law.

Democrats have stationed themselves to own the Federal Government. Communists Democrats and ISIS are one and the same, TERRORISTS. Most of President Trump efforts will be canceled by the communists local and Federal courts.

6 posted on 02/05/2017 9:28:57 AM PST by Logical me
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To: Professional

Agreed. I googled Judge Robart and he is has left wing as can be. What was Bush thinking of when he nominated this “activist?”


7 posted on 02/05/2017 9:29:30 AM PST by AEMILIUS PAULUS
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To: Yardstick

Trump really should have pushed back on judicial tyranny...by appealing the order but leaving the ban IN PLACE during the appeal, and citing the 1952 law as “longstanding, settled precedent.”


8 posted on 02/05/2017 9:30:09 AM PST by montag813
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To: Yardstick

Judge Robart’s decision, handed down Friday night, did four things. First, it concluded that the States of Washington and Minnesota had legal standing to challenge the executive order.

When did this Judge of this inferior court begin to believe he alone was the Supreme Court??? This is a Case where a “STATE” is a “Party to the action” is it not???

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Shouldn’t he and EVERY OTHER JUDGE that Impersonated the Supreme Court be Impeached and removed from the bench??


9 posted on 02/05/2017 9:30:37 AM PST by eyeamok (destruction of government records.)
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To: Yardstick

A question for anyone who really knows:

Is there any real legal reason why the President cannot apply religion for any reason he chooses in limiting immigration?

Laws that are applicable to citizens of course. But non-citizens? I’m don’t think so.


10 posted on 02/05/2017 9:30:47 AM PST by InterceptPoint (Ted, you finally endorsed. About time.)
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To: NTHockey

The ‘Rats know which of the 677 Federal District Judges are likely to legislate from the bench in sympathy with the ‘rat emotional arguments on any given subject.


11 posted on 02/05/2017 9:32:46 AM PST by Paladin2 (No spellcheck. It's too much work to undo the auto wrong word substitution on mobile devices.)
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To: Yardstick

The GOP Congress and president are in power. Isn’t it time for them to restructure the Federal bench as conservatives have been demanding for years? Specifically, divorcing the 9th Circuit from Arizona, Alaska, Nevada, Idaho, and Montana at the very least.


12 posted on 02/05/2017 9:34:17 AM PST by montag813
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To: Paladin2

Folks, the liberals will just make it up out of thin air if necessary.

Fake news
Fake polls
Fake law


13 posted on 02/05/2017 9:34:49 AM PST by Professional
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To: Yardstick
I would think the burden of proof would lie on the plaintiff, in this case the states of Washington and Minnesota, to establish the unconstitutionality of the immigration suspension. That they failed to do so would also, I hope, render this idiot judge's decision unsupportable, resting, as it does, on no LEGAL pier but merely the whim of a judicial pawn.

This is nothing more than legislation by fiat, the overruling of a clearly authorized presidential edict by one man who can't even be bothered to cite his reasoning (assuming there is any).

I think Trump should take the offensive and instruct all immigration officials to continue to enforce the restrictions. It is not up to him to prove he has the right; it is up to the country's enemies to prove he is wrong.

14 posted on 02/05/2017 9:37:27 AM PST by IronJack
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To: AEMILIUS PAULUS

The Bush family is an enduring curse on this nation. George W. Bush was incompetent and the stooge of his very nasty father.


15 posted on 02/05/2017 9:38:58 AM PST by Scott from the Left Coast
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To: Professional

“Reality is that the left is pushing the right, for a fight. Eventually, it’s going to be a question of who starts using muscle/shooting first.”

This is my fear...the Left, through disruptive violent protests and Leftist judicial activism will create a flashpoint that turns this into an open, and deadly civil war. That is how the Trump restoration program can get hijacked...and the Left knows it. If the Left can’t own the country, they will destroy it violently.


16 posted on 02/05/2017 9:44:31 AM PST by Scott from the Left Coast
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To: Yardstick
"Section 5(e), the only part of the order to address religion, states among other things that “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…”"

If this is the basis for the accusation that the order gives preference to Christians, then the order has once again been misrepresented by its critics. Christians are not even specifically mentioned, and there are in fact Muslim minority groups and heterodox groups (perhaps animists or Druze or Yezidi, for example) who may also face persecution in the specified countries.
17 posted on 02/05/2017 9:47:08 AM PST by Steve_Seattle
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To: Yardstick

If religion cannot be considered by Trump how come it could be considered by Obama. Obama importation of Muslims is by definition based on race.


18 posted on 02/05/2017 9:48:49 AM PST by School of Rational Thought
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To: School of Rational Thought

I meant religion, but one cannot edit a post.


19 posted on 02/05/2017 9:49:19 AM PST by School of Rational Thought
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To: AEMILIUS PAULUS

My guess on all these who were nominated by Reagan, or one of the Bushes, other than in Bork’s case, is that they knew NOTHING about the nominee, but took someone else’s word on how great they were. IMHO, Trump is the first Republican to show due diligence in making his selection.


20 posted on 02/05/2017 9:52:11 AM PST by Tucker39 (In giving us The Christ, God gave us the ONE thing we desperately NEEDED; a Savior.)
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