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The Justice Department is now reviewing its options -- which include the possibility of appealing the matter to the Supreme Court, asking for a review from a broader panel of judges or taking the dispute back to the lower court. Or the White House could issue a revised order. ~~~~~~~~~~~~~~~~~~~~~~~I think the best option is SCOTUS after Gorsuch is seated.
1 posted on 02/10/2017 7:22:06 AM PST by mandaladon
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To: mandaladon

Unless Trump’s goal is to score political points by riling-up the public against the Federal Judiciary.

(which I hope it’s not, as the terror risk imposed by these people is increasing every day).


2 posted on 02/10/2017 7:24:45 AM PST by Buckeye McFrog
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To: mandaladon

The omission was deliberate. I think the 9th Circus is cocky under the current circumstances given that SCOTUS is split 4-4 and the lib justices are very prone to circle the wagons when it suits them.


3 posted on 02/10/2017 7:25:15 AM PST by dirtboy
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To: mandaladon

But how long is it going to take to get through all the pontificating and get him sworn in?


4 posted on 02/10/2017 7:25:55 AM PST by ichabod1 (The Wise Cracker)
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To: mandaladon

Issue new EO specifically excluding authorized visa holders and residents.


5 posted on 02/10/2017 7:26:15 AM PST by TexasGator
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To: mandaladon

The President could actually have a little fun with them first, say an Executive Order:

In order to maintain the safety of our Jurist’s, ALL members of the Federal Judiciary SHALL be prohibited form having anyone in their employ or employed on their behalf to be in possession of ANY firearm, Weapon, or Ammunition.

FOR THEIR SAFETY!


9 posted on 02/10/2017 7:28:28 AM PST by eyeamok (destruction of government records.)
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To: mandaladon

I think SCOTUS is the right route because it will set the legal precedent for future EOs of a similar nature.

While I don’t mean to imply in any way that a terror attack in the interim would validate Trump’s approach, in fact he is now kind of immunized if it should happen. The court and those who support their action now own this.

If a revised order were issued, it could buy time for Gorsuch to be seated, as I don’t trust the 4-4 split court. And it woudl force them to re-litigate their illegal restraining order which would double-down on this unconstitutiaonal attack on the Presidency.


11 posted on 02/10/2017 7:29:33 AM PST by bigbob (We have better coverage than Verizon - Can You Hear Us Now?)
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To: mandaladon

Or the White House could issue a revised order.

That’s the best option. If they strike that one down issue another. Keep them running.


12 posted on 02/10/2017 7:29:40 AM PST by sheana
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To: mandaladon

No that is a fools errand

Best option is rewrite


13 posted on 02/10/2017 7:31:05 AM PST by Nifster (I see puppy dogs in the clouds)
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To: mandaladon

Trump could stop ALL immigration. I don’t know if there is enough popcorn for that.


14 posted on 02/10/2017 7:32:22 AM PST by bk1000 (A clear conscience is a sure sign of a poor memory.)
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To: mandaladon
See what you think about my comment over here.

It is by no means obvious that Gorsuch will rule for the government in this case (nor is it obvious that Roberts or Kennedy will). He is a member, an obvious member, of the globalist class which is working so hard to destroy popular sovereignty in America, as are virtually all Federal judges and law school graduates since about 1975.

17 posted on 02/10/2017 7:33:10 AM PST by Jim Noble (Die Gedanken sind Frei)
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To: mandaladon

Well of course the court didn’t mention the part of the statutes that grant sweeping power to the president. If they did they would have to rule against the Seattle judge.

I agree with you and Judge Napolitano that going straight to the Supremes is the best course. The 9th’s ruling is so unconstitutional Trump should be able to get a 5-3 ruling to uphold the ban.


19 posted on 02/10/2017 7:34:45 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: mandaladon

I think the ninth circuit opinion does not go far enough. They need to appoint their own Presdent and legislature to make and enforce the law the right way.


21 posted on 02/10/2017 7:36:28 AM PST by AndyTheBear
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To: mandaladon

Issue a revised order... then judge shop so have the order affirmed in the DCA


23 posted on 02/10/2017 7:37:24 AM PST by rwilson99 (How exactly would John 3:16 not apply to Mary?)
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To: mandaladon

Congress certainly should proceed with legislation to break up the ninth “circus court of appeals”. These uber lib turds have long been a poke in the eye to America. 86% reversal record is an absolute disgrace.


24 posted on 02/10/2017 7:38:19 AM PST by GoldenPup
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To: mandaladon
(which was enacted as section 212(f) of the) which was enacted as section 212(f) of the (Immigration and Nationality Act), is entitled “Suspension of Entry or Imposition of Restrictions by President” and states:

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. (Italics emphasis added.)

Apparently the lawyer presenting the Trump case was an underling, all the more capable legal 'giants', Obama/Lynch hold-overs, conveniently were unavailable....these three judges should lose their jobs for playing politics with this...

27 posted on 02/10/2017 7:44:12 AM PST by yoe
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To: mandaladon

“...any aliens or of any class of aliens...”

Wouldn’t that also include religious groups/cults, Muslims, etc.? They would be classes of aliens.

Why are libs, talking heads, judges, etc., so adamant that entry by Muslims can’t be suspended? Why not?


29 posted on 02/10/2017 7:45:05 AM PST by MayflowerMadam (“Great spirits have always encountered opposition from mediocre minds." A. Einstein)
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To: mandaladon
Or the White House could issue a revised order...

Reissue the order to stop ALL immigration and watch the left howl.

34 posted on 02/10/2017 7:49:04 AM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: mandaladon

36 posted on 02/10/2017 7:51:09 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: mandaladon

“...the best option is SCOTUS after Gorsuch is seated.”

I hope we’re not counting on Gorsuch to do the right thing. Already he’s condemned the President. Already he’s said that the judiciary should be exempt from criticism, believing that they’re an elite class.

Please, Pres. Trump, withdraw this guy’s name for a judgeship.


43 posted on 02/10/2017 7:52:39 AM PST by MayflowerMadam (“Great spirits have always encountered opposition from mediocre minds." A. Einstein)
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To: mandaladon

Trump really is in the drivers seat

He can issue a revised order.

He can and probably is already acting by revising detailed on the ground customs procedures with respect to questioning foreign entrees, background research, and other protocols. In all likelihood much of this can be done with existing law because 0bama was so lax and forced these agencies to stand down. Security and morale with customs and border has likely improved.

The refusal of the rogue judges to follow the US code and constitution put more pressure on McConnell to go nuclear because this puts an important issue in front to the SC right away. A 4-4 decision will not leave the issue in flux.

The Democrats now assume complete responsibility for any future Islamic terror attack. Sure, the fake media will always be there to spin, but their credibility is shot.


45 posted on 02/10/2017 7:54:26 AM PST by grumpygresh (When will Soros be brought to justice? Crush the vermin, crush the Left.)
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