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Trump administration won’t appeal ruling against immigration order to the Supreme Court
Washington Post ^ | 10 Feb 17 | Washington Post Staff

Posted on 02/10/2017 3:13:46 PM PST by SkyPilot

The Trump administration can wage a legal battle in the lower courts to address more squarely whether the president's immigration directive violates the Constitution. The White House is also mulling whether to rewrite the executive order. No matter what, the administration faces a difficult fight to restore the ban.

This is a developing story. It will be updated.

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


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 9thcircuit; aliens; bordersecurity; courts; first100days; illegals; travelban; trump; trump45; trump7countryban
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To: SkyPilot

Good. Later. Reissue the order reworded. Alan Dersowich said to redo the order.


61 posted on 02/10/2017 3:42:12 PM PST by Hattie
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To: SkyPilot
Next week these leftist losers will really have something to cry about.


62 posted on 02/10/2017 3:42:18 PM PST by dragnet2 (Diversion and evasion are tools of deceit)
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To: Nero Germanicus
In law, an en banc session (French for “in bench”) is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by a panel of judges selected from them. The travel ban was heard by three judges, en banc rules for the 9th circuit would mean a minimum of 11 judges and a maximum of twenty-five judges would rule on the lawsuit.

Thanks for the info.

Well, since we know the decision of the three wack jobs who decided this case from the 9th Circus didn't even make an effort to follow the law, anything might be an improvement.

63 posted on 02/10/2017 3:43:45 PM PST by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: Williams

When would that be? Jut ballpark


64 posted on 02/10/2017 3:44:57 PM PST by dp0622 (The only thing an upper cbrust conservative hates more than a liberal is a middle class conservative)
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To: ichabod1

Let them. Just keep reissuing executive orders with modifications until the 90-120 day ban is achieved. Simple.


65 posted on 02/10/2017 3:45:20 PM PST by guido911 (all)
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To: SkyPilot

The hearing for the restraining order should ONLY have been about the merits of issuing a restraining order, NOT the merits of the EO. And there was NO merit to issuing the restraining order because the plaintiffs could hardly prove standing and didn’t at all prove irreparable harm. Talk about a circus featuring kangaroos in the court. The whole thing is wrong.

The big issue here is the Constitution mandates the feds prevent invasion (Art IV, Sec 4) and that mandate trumps a restraining order, regardless of its validity.

Trump should cite the constitutional mandate (and the errors in this proceeding) in a notification that he will proceed with the EO pursuant to Constitutional law and federal statute.

More on this...

The statute on which Trump based his EO, U.S. Code Title 8, Chapter 12, appears to be contradictory. The clause from which Trump derives his EO, U.S.C. 1182(f)), appears to contradict another clause, U.S.C. 1152 (a)(1)(a) which is an anti-discrimination clause and being used in these challenges.

Not sure how Trump’s writing a new EO will get around this anti-discrimination clause. The DOJ argued very well that the anti-discrimination 1152 (a)(1)(a) clause should not apply to 1182(f) authorizing the President to act at his discretion. The fact is the hearing should never have been about the merits of the EO only the merits of a restraining order which did not appear to have merit. No matter. The Leftist judges ruled basically as they damn well pleased regardless of their legitimate limitations.

Sooner or later, we must confront the massive, ongoing constitutional crisis in the federal courts which long ago went way off the constitutional rails and are basically in free-form with no apparent limitations. IMO, Trump should throw down the gauntlet here and now: call their bluff by notifying the reasons Trump is constitutionally mandated to take this action pursuant to Art VI, Sec 4 and why the courts have not shown a valid constitutionally-based reason for preventing his immigration EO.

Then proceed declaring the court’s ruling null and void. One branch, the executive, notifying the other, the judicial, with a constitutionally-based explanation why the judicial action is unconstitutional and thus null and void maybe giving the judicial branch time to correct their error with a time set where the executive branch will proceed if the error isn’t corrected. Maybe NOW is the time for this.


66 posted on 02/10/2017 3:46:20 PM PST by Jim W N
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To: SkyPilot

The judges are guilty of judicial overreach and violated the US Constitution, for which they took an oath. Congress can impeach them.

Judicial partisanship won’t stop unless we make Congress stop them.


67 posted on 02/10/2017 3:46:51 PM PST by Lopeover (The 2016 Election is about allegiance to the United States!)
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To: Bushbacker1

“Just reissue an order. Per Dershowitz this morning.”

I think it need to go back down. They had no authority over his EO in the first place.

If he rewrites it, he is implying that they have power over this Constitutional order. They don’t. They can’t make up Constitutional rights for non citizens.

Liberals already have other Circuit Courts challenging this order. It doesn’t matter how he rewrites it, they will keep it tied up and will say he didn’t have the power to issue it in the first place, and that he’s admitting he didn’t have the power by correcting it.

I think they are handling it correctly or else they will be spending all their time arguing cases that should not be challenged when the law is this clear cut.


68 posted on 02/10/2017 3:51:33 PM PST by FR_addict (Ryan needs to go!)
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To: 2ndDivisionVet

A cackle from cankles. How appropriate


69 posted on 02/10/2017 3:54:14 PM PST by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: lilypad

Melania looked great today, didn’t she? Her smile was electric.. I think she just realized she is the First Lady. LOL


70 posted on 02/10/2017 3:54:20 PM PST by CivilWarBrewing (im)
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To: Chaguito
I’ve asked this before, but no answer: If Trump rescinds the first EO and issues another more in line with the Ninth Circuit, doesn’t he by doing so leave the rulings of the court as precedent? This would be absolutely unacceptable.

As I understand it, the Trump administration admitted they erred in not exempting existing green card holders from the entry ban so they were going to have to do a rewrite anyway. I do hope that's what the plan is and in the event the new order is struck down by another hack judge, have a competent constitutional lawyer defend it all the way to SCOTUS if necessary.

71 posted on 02/10/2017 3:55:29 PM PST by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: Bushbacker1

Yep


72 posted on 02/10/2017 3:56:06 PM PST by SecAmndmt (Arm yourselves!)
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To: Psalm 144

Yes, like the saying on here, “The wall just got a foot higher.”

Make a new EO that’s framed better and more bullet-proof and bans immigration for a year and for more countries. Then they’ll want back the “old”, milder order.


73 posted on 02/10/2017 3:56:48 PM PST by GnuThere
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To: SkyPilot

I would issue 7 EO’s - one for each country. Also order addition amounts of documentation for visas to be granted. And every time there is a lawsuit against it, add another country to the list.


74 posted on 02/10/2017 3:58:12 PM PST by jimjohn (This battle is over, but the war to rebuild the America has just begun.)
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To: Jim 0216

All fine and dandy, except the Congress is not aligned solidly at Trump’s back.

Should he proceed as you suggest, they will impeach and convict him.

Every institution in America is corrupted.


75 posted on 02/10/2017 4:00:29 PM PST by Mariner (War Criminal #18)
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To: Jim 0216
Sooner or later, we must confront the massive, ongoing constitutional crisis in the federal courts which long ago went way off the constitutional rails and are basically in free-form with no apparent limitations.

You nailed the Bigger Issue here very well.

These judicial tryants and the left have brought curses and evil to our nation that the voters would never had agreed to.



And they get away with it, year, after year, after year.

I pray that Trump is finally the man to break this cycle of judicial tyranny.

76 posted on 02/10/2017 4:01:34 PM PST by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: Nero Germanicus; RummyChick

Thanks for the lesson on en banc!!


77 posted on 02/10/2017 4:10:59 PM PST by LouisianaJoanof Arc (Proud horrible deplorable)
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To: SkyPilot

Trump is creating a whole different battle space, then will release the Kraken


78 posted on 02/10/2017 4:13:47 PM PST by Steven Tyler
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To: SkyPilot

See tagline. And to hell with the courts.


79 posted on 02/10/2017 4:18:57 PM PST by Responsibility2nd (Trump needs to send the National Guard to our US airports. Now!!)
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To: SkyPilot

The progressives think they are driving the bus.
The progressives are scared, they will soon be under the bus


80 posted on 02/10/2017 4:19:08 PM PST by Steven Tyler
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