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Appeals Court Maintains Hold on Trump’s Temporary Immigration Ban

Are these judges privy to intelligence briefings? How is this not an infringement on the executive branch. I don’t see how President Trump is overreaching. But I do know that this will keep these San Francisco judges in good stead with their friends.

Is political correctness again supplanting the Constitution and the rule of law?

From the Washington Examiner.

A federal appeals court decided to keep in place the temporary restraining order halting President Trump’s immigration ban as other proceedings move through the lower courts.

The decision by the three-judge panel of the 9th Circuit Court of Appeals to deny a stay of the restraining order does not serve as a ruling on the merits of the ban itself, but puts the Trump administration in a difficult spot.

Trump’s team could seek urgent intervention from the Supreme Court, but lifting the ban would require winning over five justices on the eight-justice court. If the high court divides evenly along ideological lines, the block of Trump’s ban would stay in place and the immigration ban likely would become a central theme in the battle over Judge Neil Gorsuch’s confirmation to the high court.

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19 Responses to Appeals Court Maintains Hold on Trump’s Temporary Immigration Ban

  1. Well ofcouse…while we were busy watching Barry play golf he was busy stacking the lower courts with progressive America hating marxists. Our work is cut out for us…pray for our President

  2. The 9th circuit court is filled with communist LibTards. This case will have to go to the SCOTUS [but then, we KNEW that, right?]

    The one good thing is that the judges and justices that need to be IMPEACHED while “draining the swamp” are revealing themselves! I thank them for THAT!

    • “This case will have to go to the SCOTUS…”

      Which is why the mad dog lefties in the Senate and the media will try to destroy Judge Neil Gorsuch, or anyone like him, who is nominated for SC justice. This case and many others like it will be on the SC docket sooner than we think.

  3. We can call them the 9th circus, fools, hacks….whatever but as for now 3 libs have told our POTUS to pound sand and I don’t like it at all.

  4. The law/rule does not say “Donald Trump” can do something, it says “the President” can do this.
    The insane libs on the West Coast have just declared a legal management of refugees into the USA is under their purview and not the POTUS’s.
    Their reasoning is ridiculous and unlawful.

  5. President Trump should call for immediate hearings before the SCOTUS. I think they will toss this ruling out because it lacks any justification under the law.

  6. President Trump can avail himself of 4 options:
    1. Appeal it to SCOTUS
    2. Take it back to the original judge and appeal there
    3. Issue another EO, restating it to address the “concerns” of this upheld ban
    4. Issue a brand new EO that states clearly and references his right as the President to do so.

    • He and Sessions need to proceed with deliberate speed. Be very, very careful in next steps. Judiciary unfortunately too political. But Ninth Circuit is overturned by Supreme Court 80% of time. Calexit appearing better and better.

  7. “How is this not an infringement on the executive branch.”

    I think the issue is that the court is saying the executive order (probably) violates the constitutional rights of the states. and that the order should not be effective unless determined constitutional by a future trial. If you want to demonstrate the court is wrong you have to explain why the order does not violate the constitutional rights of the states.

    Powerlineblog has good coverage on this point:

    http://www.powerlineblog.com/archives/2017/02/9th-circuits-opinion-is-wrong-but-its-impact-is-limited.php
    ——————-start quote
    “The three judges found that there was a likelihood that someone’s due process rights could be violated by the order.


    So, the 9th Circuit reasons, Trump’s order might be valid as to 99% of those affected, but if there are 1% who have due process rights, the entire order must be voided. This strikes me as a radical approach.

    I think the administration could pretty easily tweak Trump’s order to meet the relatively minor objections the plaintiffs have put forward, and create a record in the trial court that would make it difficult for even the 9th Circuit (this is known as “judge shopping” by the plaintiffs, by the way) to stand in the way.”
    ————– end quote

  8. Its important to note three things: 1) the 9th Appeals Court specifically DID NOT make any ruling on the religious matter being a ‘Muslim Ban’. In fact it deliberately sidestepped that question. 2) The 9th basically ruled that the FINANCIAL impact of the ban hurts the States and the individuals too much. Washington State claimed income loss if HB1 and students couldn’t be at their businesses and schools. 3) It also ruled that the President cannot deny an appeals process and constitutional rights to those already legally admitted (ie green card holders and student here on visas). The 9th may be right requiring Trump to have an Appeals process but its definitely wrong on subverting immigration rules to somebody here losing some money.

  9. Simple resolution: President Trump issues a fresh EO nullifying the first, rewording, restating, intentions. Do this daily, driving the liberal state AG’s nuts, the liberal judges bonkers. President could drive the left crazy defending their bitching points. Or, just instruct HomeLand Security folks to double check all inbound doc’s from targeted exit points. Slow down the process on suspected individuals.

  10. Don’t know what it going to happen but in the meantime perhaps the Trump Administration needs to seek the 9th circuit court for any treaty, agreement, or lunch / dinner the Executive plans to have with foreign dignitaries.

    The Judiciary in this country is out of control.

    And I am not feeling all that good about Mr. Gorsuch either.