Posted on 02/05/2017 4:55:15 PM PST by UMCRevMom@aol.com
In a major blow to the ACLU, a federal judge in Boston refused to extend an order which temporarily put a stop to a portion of Trump’s controversial “extreme vetting” immigration order. Judge Nathaniel Gorton, a President George H.W. Bush appointee, decided not to renew the temporary restraining order which was set to expire on Sunday. This ruling is significant because it is the first time that the Trump administration has scored a victory after a series of orders nationwide slamming the ban.
The ACLU argued that the Executive Order violated the Establishment Clause of the United States Constitution because it favors Christians over Muslims. However, the judge found that nothing in the order “compels a finding that Christians are preferred to any other group.”
In addition, he found the plaintiffs lacked standing. “Plaintiffs are not, however, refugees seeking admission to the United States and consequently, any future implementation of Section 5 (b) would not personally affect them,” the judge wrote.
Judge Gorton found that while the Fifth Amendment protects “invidious discrimination by the Federal government” against aliens, there is a difference between the constitutional rights enjoyed by non-citizens who have entered the U.S. and those outside of it.
“The decision to prevent aliens from entering the country is a ‘fundamental sovereign attribute’ realized through the legislative and executive branches that is largely immune from judicial control,” the judge wrote (citations omitted). In other words, the President has the right to make immigration decisions, without interference from the courts.
The court’s previous temporary order, which has now been lifted, stopped the deportation not only of two college professors, but also ordered the government to stop blocking deportation of others “similarly situated.” The case is being handled by attorneys from the ACLU and was originally brought on behalf of Mazdak Pourabdollah Tootkaboni and Arghavan Louhghalam, Iranian nationals and associate professors at the University of Massachusetts-Dartmouth. They are both lawful permanent residents of the United States. The case was amended to include five other Iranian nationals and Oxfam America. The judge found that in light of the Trump administration’s statement that the order was not intended to apply to lawful permanent residents, the claims for injunctive relief by the professors are now moot.
This is breaking news. LawNewz will update accordingly.
The ACLU got what it wanted, millions of dollars donated on behalf of civil liberties for Muslims, who enter the USA as a part of Obama’s scheme for demographic invasion of red state America.
But now when a Lib Moron calls it a Muslim ban we can point to this ruling along with the words in the EO. Now if maybe the 9th Circuit actually rules in favor this would be YUGE. Maybe pigs will fly too
Thanks for an excellent summary:
Planned admissions of refugees to U.S. for fiscal year 2017
is 110,000
The temporary ban for 120 days ending May 27th does not affect American citizens:
The order didn’t affect immigrants from the seven countries who had U.S. citizenship and travelled with their American passports.
Green card holders: In the ban’s initial days, there was much confusion over whether citizens of the seven countries with documents proving U.S. permanent residency – widely known as “green cards” – would be barred or not. Border officials detained several green-card holders at airports, but after public outcry over the executive order, the White House and Homeland Security changed tack, saying permanent residents could still cross the border. But the order also gave border officials broad powers to screen and question visitors, and Mr. Kelly, the Homeland Security chief, said permanent residency would be a “dispositive factor in our case-by-case determination.”
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Yeah this is garbage. It’s old news, doesn’t reflect the goings on at the Seattle federal court and the 9th Circuit and sure as hell doesn’t belong in Breaking News. Pisses me off when people do this.
Some people around here give no thought to the articles they post. F’ing idiots.
Now is the time for the 9th Circus to finally be split up. It’s too large and too loony to remain as is.
In my limited experiences, the ACLU has never understood nor backed “American” nor “Civil Liberties”.
This isn’t rocket science. It’s a ban against certain countries that harbor terrorists.
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Soros reportedly gave the ACLU $20 million + to fight Trump in court.
Also known as the Ninth Circus...Often overturned,,IIRC.
Wow!!!!
Soros must face a court. Meddling in our elections, etc....
It has to be illegal.
Bumping this good news
Winning, and I’m not tired.
Interesting Seattle connection - Judge Nathanel Gorton is the brother of former Washington US senator Slade Gorton (who was also the state's attorney general before US senator)
Muslim Jihadists. We do not, do not, DO NOT, want them in
the U.S. They done wore out their welcome. Sorry.
Even if it did, who cares?
Even if it did, who cares?
If you weren’t born here, or you didn’t immigrate here through LEGAL CHANNELS, (or you’re a cry-baby Democrat) The Constitution of the United States of America DOES NOT APPLY TO YOU!
Get out. GET. OUT. GET OUT!!
The so called Muslim Ban is in all acutality, an Iranian war zone containment EO. We are going to war with Iran, this EO was to prevent enemy combatants from entering the country. Once it gets hot, I suppose Iranian proxies will blow up a few airliners, deservedly so at this point.
Does anyone else find it ironic and amazing the left’s sudden newfound concern for religious freedom?
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