Posted on 02/06/2017 6:12:03 PM PST by Innovative
A federal appeals court will hear arguments Tuesday on whether to restore President Trump’s controversial immigration order, marking a critical juncture for the president’s directive temporarily barring refugees and those from seven Muslim-majority countries from entering the United States.
The hearing, which will be conducted by telephone, is to review an order by a lower court judge to put Trump’s directive on hold.
It was scheduled just as Justice Department lawyers made their final written pitch to immediately restore the president’s order — and as tech companies, law professors and former high-ranking national security officials joined a mushrooming legal campaign to keep the measure suspended.
(Excerpt) Read more at washingtonpost.com ...
Don’t bet on it.
twp of the judges hearing the case are out and out liberals.
This is just round one in appeal process. First, a 3 Judge panel hearing, then the loser asks for a full 9 judge Court review. Then, on to SCOTUS. If there are still just 8 Justices by the time it gets to SCOTUS, and the vote is 4/4, then the last appellate Court decision stands. A crapshoot.
Of course there would be no shortage of "great talent" if they were to pay the prevailing wages in the U.S. for Americans to attract them to study science and engineering instead of international and trade law, and public policy and administration. You get what you pay for, and it's American citizens who suffer.
Right. He needs to have a backup plan to circumvent their ridiculous tyranny.
A complete waste of time.
This is just about the TRO. You can let it go back to the trial judge for a final disposition of the case, appeal to the 9th circuit, then appeal to the S.C. at which point, even with the Turtle's desultory Senate calendar we might actually have Gorsuch confirmed.
That might be the wiser legal strategy here.
What should happen is that Jupiter jolt's McConnell's butt with one of his legendary bolt's of lightning who then jumps into action and rams through Gorsuch's appointment in the next couple of days, in time for the short circuit to the SCt. But McConnell is no friend of Trump or the American people.
it's the crazies or left wingers of the 9th . trump will lose here . it's a obvious set up with soros and bezos hands in it too. trump need to have the phony non profit refugee programs stopped today .
those reckless non profit scams need to stop .
Then have the state cancel all visas from Arab areas tonight and wait to reissue ones that pass.
all welfare payments to phony refugee frozen by the state dept tonight too. Have the state dept just it dept paperwork .
If it’s the Ninth Circus I wouldn’t hold my breath....Is it en banc???
The argument goes something like this:
When any law makes a distinction between people (which all laws do), the judicial branch should disallow the law if the judicial branch finds the distinction lacks "a rational basis related to a legitimate government purpose".
In other words, if a judge finds a law unreasonable, it is therefore unconstitutional and should be struck down.
In other words, judges have total veto authority over all legislation based on their personal opinions.
Scalia referred to this as an arbitrary judicial tyranny...
Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court....And we can see that Scalia's prophecy has come true: the ramifications have spread far beyond gay marriage, where it was first applied. The only remedy for this, foreshadowed by Scalia, is a humiliation of the judicial branch by a branch which actually wields power:
Hubris is sometimes defined as o’erweening pride; and pride, we know, goeth before a fall. The Judiciary is the “least dangerous” of the federal branches because it has “neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm” and the States, “even for the efficacy of its judgments.” With each decision of ours that takes from the People a question properly left to them—with each decision that is unabashedly based not on law, but on the “reasoned judgment” of a bare majority of this Court—we move one step closer to being reminded of our impotence.
The problem in this case is whether Trump and the judiciary are ready to go at it.
McConnell's slow pace is neither measured nor tactical, it is rather immediately fatal to the Republican party's future in this country.
Is there some reason such an important hearing can't be conducted inside a courtroom?
In the meantime the President can ban all immigration....no way to say there is discrimination that way.
I would bet that even Kennedy would find for Trump on this issue.
I’ve been saying for days that the President walked into a trap when he decided to take this to the courts.
His authority to restrict travel from ANY country, for ANY reason is well grounded in federal law, historical precedent, and the Constitution.
He should have told the pipsqueak judge to pound sand, and continued doing his job. Instead, we now have a judicial coup of the executive branch.
The judge is out of line, and his restraining order is illegal on its face. The President needs to exert his authority over his constitutionally mandated jurisdiction, and tell the renegade branch of government to kiss his a**.
Sending this back to the courts is a losing proposition. He doesn't need their permission to do his job, and should tell them so, in no uncertain terms. Nothing he's done is outside the law, or the Constitution.
So the MA court order validating Trump’s position is chopped liver then?
What about the decision of the Boston judge?
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