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To: 11th_VA
Trump needs to have a 5-4 court (at a minimum) before he moves ahead at this point.

You are missing the point.

The President is operating on settled law and the Constitution. He doesn't need the permission of ANY court to restrict immigration into this country.

It is the court that is out of line here. They have overstepped their constitutional limit, and don't have any authority to stop the President from doing his legal duty.

You're granting power to the court that they do not have.

51 posted on 02/10/2017 8:28:46 AM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: Windflier
Correct.

It's clear that Robart's original decision granting the injunction has no actual basis in law.

The circuit court's decision to treat his temporary injunction as a de facto preliminary injunction (which was, we must assume accidentally, correct reasoning) should have led them to issue mandamus to the lower court vacating the injunction on the basis that the plaintiffs had ZERO chance for success going forward. That they did not do so, and indeed argue exactly the opposite against all precedent tells you that they also intend to proceed to strike down the EO against all existing precedent, the clear wording of the statute, the President's powers under Article II, and the rule of law.

60 posted on 02/10/2017 11:02:17 AM PST by FredZarguna (And what Rough Beast, its hour come 'round at last, slouches toward Fifth Avenue to be born?)
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