Posted on 03/15/2017 10:54:30 PM PDT by LeoWindhorse
A federal district judge in Hawaii has just issued a Temporary Restraining Order (TRO) blocking the key provisions of the President’s revised Executive order that pauses the refugee program and admittance of foreign nationals from 6 terrorist hotbeds (Syria, Iran, Sudan, Libya, Somalia, and Yemen) until thorough vetting can be put in place.
The court disturbingly ruled that these two provisions – pausing refugees and foreign national entry from 6 nations – target Muslims and violate the Establishment Clause.
The court created a constitutional crisis where none existed. The court’s Establishment Clause analysis is fundamentally flawed and ignores the separation of powers. Worst of all, it puts our national security at risk.
(Excerpt) Read more at aclj.org ...
A federal district judge in Hawaii has just issued a Temporary Restraining Order (TRO) blocking the key provisions of the President’s revised Executive order that pauses the refugee program and admittance of foreign nationals from 6 terrorist hotbeds (Syria, Iran, Sudan, Libya, Somalia, and Yemen) until thorough vetting can be put in place.
The court disturbingly ruled that these two provisions – pausing refugees and foreign national entry from 6 nations – target Muslims and violate the Establishment Clause.
The court created a constitutional crisis where none existed. The court’s Establishment Clause analysis is fundamentally flawed and ignores the separation of powers. Worst of all, it puts our national security at risk.
As the Supreme Court has rightly held, the United States Constitution is “not a suicide pact.”
As I explained earlier this week when we filed our amicus brief with the court in this case, the order in no way violates the Establishment Clause:
First, the Executive Order (EO) does not even address religion, whatsoever. Second, the order has a secular purpose: our national security. As we explained:
“The EO, on its face, serves secular purposes, and no amount of rehashing of miscellaneous campaign trail commentary can change that. . . . [T]he mere suggestion of a possible religious or anti-religious motive, mined from past comments of a political candidate or his supporters, and intermixed with various secular purposes, is not enough to doom government action (along with all subsequent attempts to address the same subject matter). ‘[A]ll that Lemon requires’ is that government action have ‘a secular purpose,’ not that its purpose be ‘exclusively secular,’ and a policy is invalid under this test only if it ‘was motivated wholly by religious considerations.’ Lynch v. Donnelly, 465 U.S. 668, 680-81 & n.6 (1984) (emphasis added).”
The order singles out no religion for favor or disfavor. To conclude otherwise is unreasonable, and absurd. The six countries whose nationals are impacted by the pause were countries identified by President Obama and Congress as countries of particular concern. Policy disagreements, hurt feelings, and political agendas are not enough to support an Establishment Clause claim.
The court’s flawed order will invariably be appealed, and we will be ready to file crucial amicus briefs once again in federal appeals court.
The fact remains, the Executive order is a lawful exercise of the President’s constitutional and statutory authority to keep America safe from terrorism. We are now working around the clock, preparing new briefs. This case will go to the Supreme Court.
The court created a constitutional crisis where none existed.
So what? It's not the first time, and won't be the last. Roe v. Wade, Obergfell, those too are constitutional crises. Many many others.
As long as the public gives courts this power, the courts will continue to abuse it.
>> target Muslims and violate the Establishment Clause.
Non-citizens on foreign soil... they’re protected by the Establishment Clause?
These are part of the presidents powers.
Trump needs to tell the public that we will be ignoring these partisan judges because they have no power to stop these orders.
Strange that B.Hussein O. went to Hawaii for a ‘vacation’ on Monday, and this order came down on Wed. at the dead line ..
Has Hussein O. ever traveled to Hawaii in March before? he was just there three months ago for a three week vacation..
CONNECT THE DOTS...WAKE UP VOTERS...
If this were 1941 Douglas Chin would be working overtime to allow the Japanese hoards to be allowed to invade the Hawaiian Islands.
Lets not make any mistakes here Hawaii is what is in store for the USA as a whole.
A nation state of Native Hawaiians over run by immigrants and others who now dominate their culture, appropriate it and deny them true representation.
Douglas Chin a True Hawaiian - yeah right
By this logic , we can’t arrest and prosecute any Muslim for any terror act because it would unfairly target Muslims.... So this judge thinks Muslims above the law, not just Trumps law but every law by this flawed logic ?
Nobody gives a flying wombat if immigrants want to bow to Mecca, avoid pork, or hold some illiterate bully with a mole on his back to be a prophet of God. People DO object to immigrants who want to force us to do the same through invasion, lies, terror, misuse of our generosity, and eventually tyrannical force.
The judge who issued this political hack decision, Derrick Watson, went to Harvard Law School with Obama, and graduated the same year. There probably were few other Hawaiians (if any) than those two in the class. Obama went on to appoint Derrick Watson to the federal bench - I guess that chip just got called in.
Derrick Watson has disgraced himself.
Been following the ACLJ on this closely from the beginning. Good to see this post and the ACLJ at the front lines. The judge(s) has to know how weak his position is and is just doing this to go along with the “narrative” being perpetuated by the left. They (judges including 9th circuit) can’t really be that stupid.... I hope. Afterall, they did take a bar exam at some point.
Ultimately this is going to serve as part of a public exhibit of what fools these illiberal “liberals” be.
Trump isn’t panning all Muslim countries or even all Muslims. He’s singling out known hot spot trouble areas. The same kind of thing any competent Commander In Chief ought to be doing.
The term “liberal” is a misnomer here. The people being barred are very illiberal. “Liberal” to the point of suicide isn’t even “liberal” any more. It has become a self-feeding, self-glorifying caricature of “liberal.”
Disgraced his post. I’m not sure it is possible for a person of that kind to disgrace “himself” or that we should be civically exercised about it as long as he chooses to do it apart from such an august post.
Yes, this is true.
But if he does this, they will move to impeach him in Congress. The fact that he is innocent doesn’t matter, as long as they have the votes. This is what they are hoping for.
Until the midterm elections and a few more new SC judges, I don’t see much changing wrt this.
he’s pure Chinese and only marginally American , much less Hawaiian . NOT born here , NOT a ,long time resident
The judge is an Obama law school classmate.
Logic? Nah, seems like a special bleeding fallacy.
Congress should exercise its power to remove jurisdiction over this issue from the federal courts.
Obama was 5 min from his classmate’s home. Some analysis here:
https://www.reddit.com/r/The_Donald/comments/5znffk/hawaii_judge_derrick_kahala_watson_graduated_with/
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