Posted on 02/08/2017 3:15:32 PM PST by TigerClaws
Trump knew that the temporary ban on travel from the seven majority-Muslim nations would be challenged legally.
He knew that the Democrats would pick the 9th Circuit (most liberal one) to challenge the travel ban.
Some have suggested Trump has no plan in place to defend the law and the B-team argued it before the liberal 9th Circuit.
But is this all part of Trump's master plan? Is he 3D chess-ing it?
Consider the following:
1. Trump's pick to replace Scalia was approved by 99-0 in the Senate (with votes from Hillary and Obama) and is a lock.
2. Kennedy wants to retire. Laura Ingraham said Trump would get another pick within the next 4-5 months and I assume that's the one retiring, unless Thomas has health issues of which we aren't aware.
3. Ruth Bader Ginsburg is aging and not in good health. She's passing out on the bench (falling asleep) and will be 84 this year.
Merrick Garland was likely nominated so the Democrats can make the case that the "Ginsburg" seat should stay with at least a 'moderate' Obama pick like Garland.
That will be a huge fight. The left will accuse Trump of 'stacking the Court.'
4. Trump's given us the list of 20 picks and now we'll have 19 left after Gorsuch is approved.
IF the 9th Circuit rules against Trump over the travel ban, Trump can make the case to the American people that we need SCOTUS picks that will protect Americans and respect the Constitutional balance of power between the three branches.
So my question: did Trump see all this coming and was it part of his plan?
Bios of the SCOTUS Justices:
https://www.supremecourt.gov/about/biographies.aspx
Could be. We can assume Ginsberg is kicking her own ass right now for not retiring when she had a chance under obungles. Now she has to stay right up to the minute she dies sometime in the near future. Word is she is sick again; I’m assuming the cancer is back but I haven’t seen corroboration yet.
DJT may get to swear in 4 Supes in the first 4 years.
I think iti s highly likely, either figured it out or intuited it. He does those things.
You are kidding, right?
Why make 3 bad apples out of one?
Better to appoint Constitutional Judges to the 9th, and help that Circuit heal.
You mean "shoe mirrors" like Pee Wee Herman, Wayne and Garth?
Good analysis.
There’s no downside for Trump and YUUUUUUGE risk to leftists from all this.
I see three — possibly FIVE — SCOTUS picks by Trump.
Three for sure.
Democrats are being set up. Trump can go to his ‘List of 20’ to fill slot after slot.
95-0. Thank you for the note of correction.
Obama and Hillary were two of those. votes. Genius pick by Trump.
I find that hard to believe.
The obvious Democrat move was cherry picking the most liberal jurisdiction — 9th Circuit - and filing there to get the law knocked down.
Trump could have gone to other jurisdictions and filed to have the law clarified.
Just seems like too big of a ball to drop not to have been planned.
I think the ‘chaos’ is orchestrated.
If Thomas wants to retire in 5 years, he needs to retire NOW.
We have the “Biden Rule” of no new SCOTUS picks in last year. Trump may lose political capital by year 2 or 3 as well.
NOW is the time for him to retire and be replaced with one from the list of 20.
Exactly my position as well.
The 9th Circuit won’t be able to help itself but to overreached.
That’ll justify Trump reigning them in and the RBG seat will be filled from the List of 20 submitted during Trump’s campaign. Keep working that list.
That’s why there’s a delay right now. They realize they are boxed in here.
One terrorist attack and Democrats / the over-active judicial branch get ALL the blame.
You made another point worth discussion re Trump’s right to pick anyone from his list for SCOTUS.
The left is going to RIOT if Ginsberg dies or is unable to continue and Trump puts up another Scalia-style judge.
The real chess game is for that seat.
The 9th tossing out the EO would help Trump long term.
The RINOs in the Senate might also cave that we have to be ‘fair’ and ‘each side gets a choice’ - even though we won the election.
I’m hearing the same thing about Ginsberg. She really screwed up not retiring 3-4 years ago. Good news for us.
Her health is declining.
Does Trump pick a ‘moderate’ (Garland or someone acceptable to Democrats) or double down and stick with his list of 20 he campaigned on?
THAT is the biggest fight we will have in the next year or two.
That’ll determine the laws we live under for the next 20-30 years.
Chaos is not to Trump’s advantage. Straight forward progress is. He doesn’t need to make the case to the American people for Gorsuch, the American people are not against Gorsuch. What they are against is gridlock. And chaos hampers progress on the agenda, and helps gridlock. Trump didn’t want chaos, he wanted to move his program forward.
This long-game trickery stuff is all just made-up stuff with no evidence behind it.
It’s not a chess game for the Ginsburg seat. It’s straight forward, appoint the person you want. The Left will riot regardless of who it is...they will pour out their angst on Left wing city streets. No matter. He doesn’t need game theory...he has majorities, a steam roller will do.
The 9th tossing the EO out is meaningless as a tactic (and harmful to him to boot), because he already has all the public support he needs. That continues with victories, not game-playing defeats. The 9th throwing out the EO is a defeat...even if it might be a temporary one and Trump needs victories. He didn’t plan to take a wink-wink defeat. He doesn’t need anything it would provide and it won’t change the reaction of his enemies one iota.
What about the squishy middle of the Republican party? 2 Senators voted against DeVos.
Would any oppose a SCOTUS pick by Trump if he picks a Scalia-style conservative to replace Ginsberg?
Republicans have the ability to steamroll. Trump has the balls to do it. The RINOs have too many people funding their campaign and are setting up their K Street gigs.
Boehner is lobbying now for China. Speaker a year or two ago. Now lobbyist for our biggest economic enemy.
The clearer the existing courts are as an enemy to Trump the easier his political sell will be when these SCOTUS picks come up.
“Would any oppose a SCOTUS pick by Trump if he picks a Scalia-style conservative to replace Ginsberg?”
Maybe, but the courts ruling against him on the EO will not change that one iota. Occam’s Razor applies here, the simplest solution is the right one. He was caught off guard by the Democrats going nuclear on him using their most friendly environment and judge-shopping. Patty Murray provided the judge. He didn’t anticipate that because he used the countries Obama had already identified as being without a functioning government. He didn’t realize that they’d be more than happy to be hypocrites in order to get at him. He’ll never make that mistake again. He’ll realize that they are treacherous devils. Now he’ll just have to take more time to get his immigration security program in place...maybe. Getting caught off -guard now just means delay and a valuable lesson learned.
When he was voted on (By the U.S. Senate) to join the 10th (?) circuit as a justice their.
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