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The Hammer Falls (Trump's Executive Order and Judicial Supremacy)
American Rattlesnake ^ | February 10, 2017 | Gerard Perry

Posted on 02/09/2017 9:04:08 PM PST by OddLane

The temporary restraining order against President Trump’s executive order is still in effect, as you probably know. Josh Blackman has a good analysis of the ruling on his website, which I would recommend reading. There are a number of fascinating and disturbing elements of this decision, including the imposition of a “no evidence” standard upon the Trump administration.

Although some are attempting to put the best face on what is a sweeping, unprecedented ruling, the truth is that we are entering uncharted waters. We have the largest circuit court in the federal system essentially erasing the plenary power doctrine as it relates to immigration maters.

The fact that the administration was intentionally hamstrung in its appeal is irrelevant in the larger context, i.e. we are dealing with a federal judiciary that’s unwilling to recognize Congressional and presidential authority to execute immigration law. What’s more, the reasoning, such as it is, behind this decision is so shoddy that it would be laughable if the consequences weren’t so dire...

(Excerpt) Read more at american-rattlesnake.org ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: 9thcircuit; americanrattlesnake; immigration; judicialtyranny; trump
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1 posted on 02/09/2017 9:04:08 PM PST by OddLane
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To: OddLane
immigration maters

What are those anyway?

2 posted on 02/09/2017 9:07:42 PM PST by ROCKLOBSTER (The fear of stark justice sends hot urine down their thighs.)
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To: OddLane

Trump is in control of all of the agencies though.

Order them to ignore an unconstitutional ruling and enforce his immigration order. The GOP isn’t going to impeach.

F em all.


3 posted on 02/09/2017 9:11:20 PM PST by FreedomStar3028 (Somebody has to step forward and do what is right because it is right, otherwise no one will follow.)
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Any restrictions on which EOs Trump cannot strike down? Target rich environment.

Here’s a good one:

OBAMA UNLEASHES INTERNATIONAL COPS ON UNITED STATES

http://freerepublic.com/tag/eo12425/index?tab=articles


4 posted on 02/09/2017 9:12:42 PM PST by Gene Eric (Don't be a statist!)
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To: ROCKLOBSTER
This is why I shouldn't edit these things in the middle of the night.

:-/

5 posted on 02/09/2017 9:12:55 PM PST by OddLane
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To: OddLane

Unchartered. I will read more tomorrow. Thanks for posting.


6 posted on 02/09/2017 9:13:42 PM PST by veracious (UN = OIC = Islam ; Democrats may change USA completely, just amend USConstitution)
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To: veracious

You’re welcome.


7 posted on 02/09/2017 9:16:34 PM PST by OddLane
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To: ROCKLOBSTER

Those are the women who have anchor babies.


8 posted on 02/09/2017 9:18:32 PM PST by Arthur McGowan (https://youtu.be/IYUYya6bPGw)
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To: OddLane

Trump needs to put out on Facebook the entire statute, showing precisely why the court order is illegal. And then order the entire Executive Branch to enforce the law.


9 posted on 02/09/2017 9:20:41 PM PST by Arthur McGowan (https://youtu.be/IYUYya6bPGw)
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To: OddLane

This is a stunning display of Judicial violation of the Law. They should all be arrested and locked up for treason and sedition.


10 posted on 02/09/2017 9:22:27 PM PST by greeneyes
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To: OddLane

Notice how Trump keeps a dozen controversies going at once? Notice that the Democrats get no traction as a result? Seems to me previous Republicans would pick a single fight at a time, and “stay on message.” This maximized the effectiveness of the Democrats’ propaganda.


11 posted on 02/09/2017 9:23:25 PM PST by Arthur McGowan (https://youtu.be/IYUYya6bPGw)
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To: Arthur McGowan
immigration maters   What are those anyway?

Those are the women who have anchor babies.

LOL! Thank you. I needed a good laugh.

12 posted on 02/09/2017 9:23:53 PM PST by ELS
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To: Arthur McGowan

Heh.


13 posted on 02/09/2017 9:23:56 PM PST by OddLane
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To: Arthur McGowan

I think he did that regarding the statute.


14 posted on 02/09/2017 9:28:41 PM PST by madison10 (Pray for President Trump and VP Mike Pence Daily)
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To: OddLane

15 posted on 02/09/2017 9:30:10 PM PST by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: OddLane

IMO Trump has two choices. First fire all of Obama’s generals and put his own in. Then declare martial law and arrest some traitors in the ckngess and judiciary. Right now there are two co-eqhal branches if government and the executive isn’t one of them.

His other choice is to announce That the people are going to have to help him replace most of Congress. And until that is done there’s nothing he can do. The bullies have teamed up against America and won’t stop until they own the play ground.


16 posted on 02/09/2017 9:30:59 PM PST by Terry Mross (Now I understand how dictators gain power. Eventually people want some relief from the idiots.)
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To: OddLane

One thing I don’t understand...

The restraining order blocks 5a-c and 5e. But 5d says 50,000 refugees is detrimental to the US and halts it! And that wasn’t blocked?

Am I reading it wrong. Or is the refugee program blocked in it’s entirety?

Of course, restraining order against 3c stops the travel ban.

Headlines say refugees are flooding in from the 7 states. But are they refugees are people who already had visas?


17 posted on 02/09/2017 9:32:39 PM PST by DannyTN
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To: OddLane

One thing I don’t understand...

The restraining order blocks 5a-c and 5e. But 5d says 50,000 refugees is detrimental to the US and halts it! And that wasn’t blocked?

Am I reading it wrong. Or is the refugee program blocked in it’s entirety?

Of course, restraining order against 3c stops the travel ban.

Headlines say refugees are flooding in from the 7 states. But are they refugees are people who already had visas?


18 posted on 02/09/2017 9:32:40 PM PST by DannyTN
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To: OddLane
..... I'm pretty sure there is nothing preventing Trump from rewording and ammending the executive order into a new draft then sign it as a new one.

....Heck then all of the legal wrangling can take place with the Old one tieing up the liberal legal assets .... While at the same time the new properly edited one would be in effect protecting the nation by preventing the flood of bad elements into the country.

19 posted on 02/09/2017 9:33:22 PM PST by R_Kangel ( "A Nation of Sheep ..... Will Beget ..... a Nation Ruled by Wolves.")
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To: DannyTN
I could be mistaken, but I believe the EO is blocked in its entirety.

There's even a part of a decision where they explain why it's impossible for them to simply strike down individual allegedly problematic parts.

20 posted on 02/09/2017 9:40:41 PM PST by OddLane
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