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 ...
Agreed.
It turns out that the refugee reduction isn't impacted by the TRO.
Good, but I had read 5d wrong.
I thought Trump was saying in 5D that 50,000 would be detrimental and therefore he was halting the entire refugee program. And that survived whereas the prioritization did not.
50,000 is still a lot of refugees, especially if the courts are going to limit him vetting them.
OTOH, just imagine what would be happening if HRC had been elected.
Thank you for your excellent illumination. I take it you have some legal training?
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