free image hosting
Posted on 02/10/2017 11:22:27 AM PST by EveningStar
Full title: The 9th Circuit’s dangerous and unprecedented use of campaign statements to block presidential policy
Generally, the president has vast discretion in issuing visas. One of the major arguments against the executive order is that while in principle a president can limit immigration from the seven affected countries, it would be unconstitutional for President Trump in particular to do so, because in his case the action is motivated by impermissible religious bias. The central exhibit for this argument is his campaign statements about a “Muslim ban.”
While the 9th Circuit did not address this at great length, focusing instead on due-process arguments, it did accept the basic validity of the form of the states’ argument. “The States’ claims raise serious allegations and present significant constitutional questions,” wrote the court.
There is absolutely no precedent for courts looking to a politician’s statements from before he or she took office, let alone campaign promises, to establish any kind of impermissible motive. The 9th Circuit fairly disingenuously cites several Supreme Court cases that show “that evidence of purpose beyond the face of the challenged law may be considered in evaluating Establishment and Equal Protection Clause claims.” But the cases it mentions do nothing more than look at legislative history — the formal process of adopting the relevant measure.
(Excerpt) Read more at washingtonpost.com ...
FLYING PIGS ALERT - Even the Post gets it !!!!
First Chris Matthews. And now this!
Wow. I just got buzzed by a flying pig.
FOOLS. Foreigners have no rights in America. They are not citizens!
Even Morning Joe ripped this decision. I feel like I`ve entered the twilight zone. Happy hour can`t get here fast enough.
We elected Trump and they’re STILL trying to steal our country from us and damned artlessly too... This is pretty much it.
You just can’t get that concept through a liberal’s head - especially a Millennial’s. Government education has inculcated the “citizen of the world” concept too deeply.
Well even the WaPos sees it but they smacked Trump down so it’s OK with them.
Implicit in many arguments about this ruling is the principle that our Constitution applies to alien nations and peoples. Nonsense!
U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part II › § 1182 (f)
This is not the Post's opinion but that of a guest columnist. The Post must have its token non-idiot columnist occasionally to be able to pretend that they are open-minded and thus give legitimacy to its idiot content.
WaPO????????....................
Classic case of getting what you asked for and regretting it.
I am hoping that the Democrats run with this. It proves they have not learned anything from the election.
With Jeff Bezos blessings?
A new level of WINNING.
What color is the sky on the Planet I live on?
Even some liberals recognize that when you go too far in any one direction, you invite strong reaction in the other direction. Heaven forbid, but if this court over-reach results in another major terror attack, there is likely to be a strong public reaction quite unfavorable to the liberal cause.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.