Posted on 02/05/2017 8:11:52 PM PST by bobsunshine
James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried.
Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States.
Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground.
(Excerpt) Read more at washingtonexaminer.com ...
Has the government presented their case already? I thought Monday was their day.
Impeach this so-called judge, and abolish the 9th circuit while we’re at it.
Obama’s only enduring legacy seems to be that America has forgotten what the rule of law is. Our government is now filled with people who think they can pick and choose which laws to obey and enforce, or just make up new ones as they go along.
Was the Ninth Curcuit envanc when they upheld the judge’s ruling?
#BLM Bush Judge
No. They were in San Francisco
Robard...treason. Prison.
Indeed, as the Ninth Circuit (which includes Seattle) has held, “that statute specifically grants the President, where it is in the national interest to do so, the extreme power to prevent the entry of any alien or groups of aliens into this country as well as the lesser power to grant entry to such person or persons WITH ANY RESTRICTION on their entry as he may deem to be appropriate.” [emphasis added]
Didn’t a Boston court void the stay?
There is just something about The Donald that makes some people lose their freakin' minds and forget their social graces, lose their sense of fair play, and betray even their oaths of office. I can't explain it-- but I do observe it.
Bump
We do not want military coups in this nation and we sure as hell do not want judicial coups. This “judge” needs to be removed.
The Brady comeback was a sign ... This is going to hurt the left when it gets over turned
I agree completely; any judge who oversteps his authority like this should be removed from office.
The were apparently arguments last week. The Judge chose to go with his emotions late Friday.
this "so-called" judge
Probably many more to follow. I want them cleaning sewers.
The legal argument is solid. But, this will be heard by the ultra liberal bat crazy 9th Circuit court. And when it moves on to SCOTUS, a 4/4 tie lets a wrong appeals court ruling stand.
No, only two. I thought you needed three, but it wouldn’t surprise me at all that en banc would be needed to see the law fairly applied.
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