Skip to comments.Trump administration won’t appeal ruling against immigration order to the Supreme Court
Posted on 02/10/2017 3:13:46 PM PST by SkyPilot
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Good. Later. Reissue the order reworded. Alan Dersowich said to redo the order.
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.
When would that be? Jut ballpark
Let them. Just keep reissuing executive orders with modifications until the 90-120 day ban is achieved. Simple.
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 didnt 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.
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.
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.
“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.
A cackle from cankles. How appropriate
Melania looked great today, didn’t she? Her smile was electric.. I think she just realized she is the First Lady. LOL
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.
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.
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.
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.
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.
Thanks for the lesson on en banc!!
Trump is creating a whole different battle space, then will release the Kraken
See tagline. And to hell with the courts.
The progressives think they are driving the bus.
The progressives are scared, they will soon be under the bus
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