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Federal appeals court maintains suspension of Trump’s immigration order
WaPo ^

Posted on 02/09/2017 3:21:48 PM PST by mandaladon

A federal appeals court has maintained the freeze on President Trump’s controversial immigration order, meaning previously barred refugees and citizens from seven Muslim-majority countries can continue entering the U.S.

A panel with the U.S. Court of Appeals for the 9th Circuit upheld the ruling of U.S. District Judge James Robart, who had decided Friday that Trump’s temporary travel ban should be put on hold. The Department of Homeland Security soon suspended all enforcement of Trump’s controversial directive.

The Justice Department, representing the Trump administration, could now ask the Supreme Court — which often defers to the president on matters of immigration and national security — to intervene. The Supreme Court, though, remains one justice short, and many see it as ideologically split 4-4. A tie would keep in place whatever the appeals court decides.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Breaking News; Culture/Society; Government; News/Current Events; Politics/Elections; US: California; US: Washington
KEYWORDS: 9thcircuit; 9thcircus; aliens; courtofappeals; immigration; ninthcircuit; refugees; ruling; travelban; trump
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To: Deo volente
"He can rewrite another EO.

Another leftist judge can strike that one down too.

The leftist judges are violating established law and the Constitution. They should, by all rights, be ignored and condemned by the other two branches of our government for what they're doing.

The President has all the marbles in this game, and needn't obey the orders of some libtard idiots in black robes, who are willfully ignoring federal law, their own oaths of office, common sense, established legal precedent, and the Constitution.

He MUST push back on this flagrant abuse of power, or he'll be surrendering the executive branch to the activist left. In short - it's a coup by the courts. The President has to assert his legal authority to do his job, and NOW.

121 posted on 02/09/2017 4:01:42 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: SE Mom; SSS Two

FYI, they do not teach constitutional law in law school. The CALL it Constitutional Law, but it is not. It is a survey and ratification of all the unconstitutional “doctrines” the Leftist courts have made up over the years to give the feds sweeping and unlimited power.

Read Robert Bork’s, “The Tempting of America”.

My website, not yet done, also deals with this https://sonsofconstitutionalliberty.com/


122 posted on 02/09/2017 4:02:20 PM PST by Jim W N
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To: exit82

Pass this contact information for m. Turtle and tell him to get on ball 24-7 7 days a week


123 posted on 02/09/2017 4:02:33 PM PST by hoosiermama (When you open your heart to patriotism, there is no room for prejudice.DJT)
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To: exit82

Pass this contact information for m. Turtle and tell him to get on ball 24-7 7 days a week

https://www.mcconnell.senate.gov/public/index.cfm/contactform


124 posted on 02/09/2017 4:02:55 PM PST by hoosiermama (When you open your heart to patriotism, there is no room for prejudice.DJT)
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To: FredZarguna

how long does the chain of standing advocating on someone else’s behalf get to extend?

this is the most disturbing question in this imbroglio...


125 posted on 02/09/2017 4:03:25 PM PST by IrishBrigade
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To: mandaladon

Welcome to CA style governance, where even the People’s vote can be overridden by a gay judge. See Proposition 8.


126 posted on 02/09/2017 4:04:26 PM PST by ggrrrrr23456
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To: Timpanagos1; Pinkbell; romanesq; Boomer One; Lurking Libertarian; DoughtyOne; apocalypto; ...

This ruling is in direct contravention to the Constitutional requirement that, “The United States…shall protect each of [the states] against Invasion” (Article IV, Section 4) which should have trumped the TRO (illegal and potentially dangerous immigration is invasion). Maybe the feds should give notice why these proceedings are an unconstitutional block on constitutional necessary and proper federal action and ignore the ruling and block the immigrants.

The case in the Robart court in Washington wasn’t a good faith challenge to the merits of Trump’s EO but a move to issue a temporary restraining order (TRO) which was issued in bad faith IMO since no irreparable harm was shown to validate a TRO. It’s a TRO//restraining order hearing where they’re arguing the merits of the EO instead of proving the need for a TRO/restraining order and they have failed to do so as I see it. Freaking Leftist courts.

The U.S. Code Title 8, Chapter 12 statue appears to be contradictory because of U.S.C. 1152 (a)(1)(a) (anti-discrimination clause) which is being used in these challenges. Congress needs to clean that up.

Nevertheless, Article IV, Section 4 absolutely trumps the valid or invalid TRO/restraining order.


127 posted on 02/09/2017 4:05:47 PM PST by Jim W N
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To: 9YearLurker
Donald J. Trump ‏@realDonaldTrump 19s20 seconds ago SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!

See you in court?

No, a thousand times no. The court is in treason to the law, historical precedent, and the Constitution! They need to be condemned, and their illegal pronouncements IGNORED!

Trump HAS the legal authority to do what he did. He doesn't need to prove it in a court of law. It's ALREADY on the books!

What he needs to do, is call out the court for being in a state of rebellion against the law and our Constitution. They're the ones violating the law, not him!

128 posted on 02/09/2017 4:06:27 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Jim 0216
aliens outside of the United States have Constitutional rights

The order comes very close to saying that very thing. It is at the link. Read it, and see if you don't conclude that the 9th is claiming that people outside of the US are entitled to Constitutional protections when they engage with the government of the United States, even when they are non-citizens outside US soil.

129 posted on 02/09/2017 4:06:46 PM PST by FredZarguna (And what Rough Beast, its hour come 'round at last, slouches toward Fifth Avenue to be born?)
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To: snippy_about_it

yup, just about the whole of the case by the two states hinges on the CRAP claim that their universities are terribly harmed if ppl from those 7 dunghole countries can’t travel here to utilize the facilities of those universities.

What a pantload! They get hardly anyone from those countries and SHOULDN’T take anyone from those countries if the POTUS indicates a national security problem.


130 posted on 02/09/2017 4:07:14 PM PST by Enchante (Hoping the Clintonistas are gone from our public life forever!!)
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To: exit82
Even if Ted Cruz argued the case, these judges would have ruled this way.

Correct, it is clear that they not only ignored the policy modifications made to the order (for visa holders and legally resident aliens), but to every argument made by the government.

So much for the Bush appointee.

131 posted on 02/09/2017 4:09:28 PM PST by FredZarguna (And what Rough Beast, its hour come 'round at last, slouches toward Fifth Avenue to be born?)
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To: FredZarguna

Yes, of course, that is a Leftist theme. But aliens, especially those outside U.S. soil, have NO Constitutional rights. That is absolutely harebrained.


132 posted on 02/09/2017 4:10:16 PM PST by Jim W N
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To: DaveA37
instead we are no better than the 3rd world countries people are leaving.

This is exactly what the left wants, a 3rd world country here with "social justice" for all.

This is agenda 21 in action.

133 posted on 02/09/2017 4:10:29 PM PST by MarMema
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To: mandaladon

The friggin’ courts really are setting up Civil War II!


134 posted on 02/09/2017 4:11:14 PM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: IrishBrigade
The reductio ad absurdum of the Court's fourth party standing claim is that any lawyer willing to take a case has standing if a client somewhere down the line can make a case of actual harm.
135 posted on 02/09/2017 4:11:38 PM PST by FredZarguna (And what Rough Beast, its hour come 'round at last, slouches toward Fifth Avenue to be born?)
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To: Jim 0216

I only browsed over the decision but it seemed that most of the cases they cited were in the past 15-20 years. The courts have been very busy making stuff up, continually expanding the purview of our unelected legislators aka judges!


136 posted on 02/09/2017 4:12:16 PM PST by Enchante (Hoping the Clintonistas are gone from our public life forever!!)
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To: samantha
I think that we will have the new supreme ct justice by the time it gets there.

Again...

President Trump doesn't need a court ruling to give him permission to do his job.

Unlike these kangaroo jurists, he's done nothing illegal - they have - by usurping authority from the executive branch that they do not have.

It is not within this court's purview to even rule on this matter, as the President's authority over immigration is solidly rooted in standing law, precedent, and the Constitution!

137 posted on 02/09/2017 4:12:43 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: FredZarguna

Wow.

How quickly can the Senate get Gorsuch confirmed?


138 posted on 02/09/2017 4:13:02 PM PST by 9YearLurker
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To: conservativepoet

How about a $10,000 a head immigration processing fee to be paid to homeland security and held in trust for any deaths or damage caused by a “un-vetted immigrants.


139 posted on 02/09/2017 4:13:23 PM PST by johnny reb
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To: ggrrrrr23456
That's right. Check out CA prop 187. The election was held and the people of CA voted for it overwhelmingly.

Until the feds working in concert with their CA state co-conspirators, burned the ballots and declared the election illegal.

The results of this government intrusion can now be seen from coast to coast, in every town and city.

140 posted on 02/09/2017 4:14:23 PM PST by dragnet2 (Diversion and evasion are tools of deceit)
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