Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Twice rejected, Hawaii goes to court AGAIN to halt Trump Travel Order implementation
Legal Insurrection ^ | July 8, 2017 | William A. Jacobson

Posted on 07/09/2017 8:32:19 PM PDT by bobsunshine

We previously wrote how the State of Hawaii (with co-plaintiff Dr. Ismail Elshikh) struck out in Hawaii federal court and in the 9th Circuit, in seeking “clarification” of how Trump’s Travel Order No. 2 was to be implemented in light of the prior court injunctions and the Supreme Court’s substantial overruling of those injunctions:

Judge Denies Hawaii request to halt Trump admin interpretation of SCOTUS Travel Order ruling 9th Circuit DENIES Hawaii request for Emergency Injunction over Trump Travel Order.

The key problem identified by the court was the Hawaii’s request for “clarification” was not proper. The District Court ruled that if Hawaii wanted clarification of a Supreme Court Order, it should seek such clarification from the Supreme Court.....

And sure enough, Hawaii late Friday night filed a new request, a Motion to Enforce or Alternatively Modify (pdf.) the District Court’s prior injunction, and a supporting Declaration (pdf.). Full copies of each are embedded at the bottom of this post. The Court entered an Order on the docket:

The Court is in receipt of Plaintiffs’ Motion to Enforce or, In the Alternative, to Modify Preliminary Injunction. Dkt. No. 328. Defendants shall file their opposition by Tuesday, July 11, 2017.

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


TOPICS: Extended News; News/Current Events
KEYWORDS: aliens; hawaii; travelban; trump
Navigation: use the links below to view more comments.
first previous 1-2021-31 last
To: bobsunshine

A judge should slap them with sanctions for filing a frivolous lawsuit.


21 posted on 07/10/2017 2:29:08 AM PDT by ilovesarah2012
[ Post Reply | Private Reply | To 1 | View Replies]

To: bobsunshine

Hawaii is turning into an outsized pain in the ass. Cut it loose from the union and sell it to the highest bidder.


22 posted on 07/10/2017 2:36:22 AM PDT by ScottinVA
[ Post Reply | Private Reply | To 1 | View Replies]

To: bobsunshine

Our federal tax dollars, fighting our federal tax dollars...


23 posted on 07/10/2017 5:15:48 AM PDT by Dixie Yooper (Ephesians 6:11)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Carthego delenda est

The Supreme Court has spoken on this Now STFU!


24 posted on 07/10/2017 5:25:09 AM PDT by Renegade ( Wax)
[ Post Reply | Private Reply | To 13 | View Replies]

To: bobsunshine

They are ensuring that SCOTUS delivers a no-doubt-about-it smackdown when the full case is heard this Fall.


25 posted on 07/10/2017 5:51:24 AM PDT by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

To: bobsunshine

This court is pretending that these relatives get automatic entry without vetting. They do not. They must be vetted, and it must be absolute assurance that results from that vetting. The USA is not under court order to admit a “son” if that son is a suspected terrorist or is unable to give valid assurance that he is not.

That takes time.

The restriction is for only 90 to 120 days.

When all in-laws and all secondary or tertiary kin are added, it clearly swamps the government’s ability to perform extreme vetting...which must be done.

Nor can Hawaii claim that the fed can expand its extreme vetting resources in Syria (for example) — with training both on this side and expansion of Syrian resources on that side — in such a short period of time as 90 to 120 days.

Therefore, the Trump admin’s list is really more a prioritized listing of those near kin that can be handled, given the time constraints, as it is a listing of those who are banned. IOW, if you’re a number 1 priority you’re in a better position than a number 6 priority, and you’re certainly better off than a number 14 priority that didn’t make the top 7 list.

Anyone who’s ever flown military standby knows all about being on a priority list. Active duty families get priority over old, retired vacationers. Tough, but the logic of it makes sense.


26 posted on 07/10/2017 6:56:27 AM PDT by xzins (Retired US Army chaplain. Those who truly support our troops pray for their victory.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: P-Marlowe

This court is pretending that these relatives get automatic entry without vetting. They do not. They must be vetted, and it must be absolute assurance that results from that vetting. The USA is not under court order to admit a “son” if that son is a suspected terrorist or is unable to give valid assurance that he is not.

That takes time.

The restriction is for only 90 to 120 days.

When all in-laws and all secondary or tertiary kin are added, it clearly swamps the government’s ability to perform extreme vetting...which must be done.

Nor can Hawaii claim that the fed can expand its extreme vetting resources in Syria (for example) — with training both on this side and expansion of Syrian resources on that side — in such a short period of time as 90 to 120 days.

Therefore, the Trump admin’s list is really more a prioritized listing of those near kin that can be handled, given the time constraints, as it is a listing of those who are banned. IOW, if you’re a number 1 priority you’re in a better position than a number 6 priority, and you’re certainly better off than a number 14 priority that didn’t make the top 7 list.

Anyone who’s ever flown military standby knows all about being on a priority list. Active duty families get priority over old, retired vacationers. Tough, but the logic of it makes sense.


27 posted on 07/10/2017 7:00:20 AM PDT by xzins (Retired US Army chaplain. Those who truly support our troops pray for their victory.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cabbieguy

I think we need new leaders in both houses of congress.

Along with a bunch of new followers.


28 posted on 07/10/2017 7:00:23 AM PDT by Stentor
[ Post Reply | Private Reply | To 5 | View Replies]

To: bobsunshine

The White House should counter file with a “litigious harassment” suit.


29 posted on 07/10/2017 7:09:01 AM PDT by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bobsunshine

This is when AG Sessions is supposed to file an official complaint for “abuse of process” against the Lawyers involved and let the BAR association DISBAR them.


30 posted on 07/10/2017 7:39:43 AM PDT by eyeamok (Idle hands are the Devil's workshop)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bobsunshine

For gawd’s sakes, Hawaiians, WAKE UP

These idiots are wasting your tax dollars


31 posted on 07/10/2017 7:48:05 AM PDT by A_Former_Democrat ("Liberalism is a mental disorder" On FULL Display NOW! Boycott Mex/Can, nba NFL PepsiCO Kellogg's)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-31 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson