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Friday, February 10, 2017

 

Lots of Commentary on Ninth Circuit Ruling

First three are from attorneys on Powerlineblog.com. Remainder are articles they linked to.

 

A Ninth Circuit footnote
by Scott Johnson
http://www.powerlineblog.com/archives/2017/02/a-ninth-circuit-footnote.php

9th Circuit’s Opinion Is Wrong, But Its Impact Is Limited
John Hinderaker

http://www.powerlineblog.com/archives/2017/02/9th-circuits-opinion-is-wrong-but-its-impact-is-limited.php

The Ninth Circuit’s ruling — limited in impact but full of mischief
Paul Mirengoff

http://www.powerlineblog.com/archives/2017/02/the-ninth-circuits-ruling-limited-in-impact-but-full-of-mischief.php

 

The Ninth Circuit Just Issued a Dangerous Ruling against Donald Trump’s Immigration Order

http://www.nationalreview.com/article/444785/ninth-circuit-travel-ban-donald-trump-ruling

Why The Ninth Circuit Ruled Against Trump’s Refugee Order

http://www.nationalreview.com/corner/444784/why-ninth-circuit-ruled-against-trumps-refugee-order

The 9th Circuit’s dangerous and unprecedented use of campaign statements to block presidential policy

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/02/09/the-9th-circuits-dangerous-and-unprecedented-use-of-campaign-statements-to-block-presidential-policy/?utm_term=.cc858b761c6d

The president should withdraw his executive order

http://www.newcriterion.com/posts.cfm/The-president-should-withdraw-his-executive-order-8351


Comments:
I listened to the most of the oral arguments with the DOJ lawyer and the Ninth Circuit Judges.
The DOJ lawyer was very weak in his defense of the order. I did not hear the DOJ lawyer cite the authority the President has on immigration.
The Ninth Circuit evaded questions to the DOJ lawyer on the Presidents authority also.

Federal Judges love to tap dance. They are wrong in their decision. They basically based the decision on a statement he made during the campaign. I am no lawyer, but I think that is a no-no.
Thanks JAP. I may be wrong on my facts but believe I read the attorneys who were originally to have argued the case before that court had a conflict of interest and other attorneys were selected to do so.
Thanks Carbob. I'm not an attorney either but came across these points presented in one commentary. I hope the Executive Order can be amended and will be validated.

".... The 9th Circuit opinion does not in any fundamental way challenge President Trump’s power to do what he did: stop travel and immigration from certain designated countries.

What, then, did it do? The three judges found that there was a likelihood that someone’s due process rights could be violated by the order. The people in question are not citizens of the seven countries who have never been to the United States, and now want to travel or immigrate here. Those people have no rights under our Constitution, as the Supreme Court has repeatedly held. Rather, the 9th Circuit panel seized on the idea that a few people covered by the order–those who have come here legally already, and now want to return–have constitutional due process rights:....."

".....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....."

http://www.powerlineblog.com/archives/2017/02/9th-circuits-opinion-is-wrong-but-its-impact-is-limited.php
Look what I came across. Again I am no lawyer, but I believe the sitting Supreme Court would give Trump what he wants.

QUOTE-
8 U.S. Code § 1182 - Inadmissible aliens

(f) Suspension of entry or imposition of restrictions by President

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 nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
Thanks Carbob. I've read that statute but argument against has been splitting hairs and it's technicalities that have won or lost cases.

Given the Supreme Court has handed down some rulings that seemed questionable such as Obama Care being a tax, I think it's best to amend and resubmit to the appeals court first as they move toward their nominee for the Supreme Court.

Sounds like a good plan.
Thanks Carbob. I wasn't trying to cut you off but considering past rulings and court trends it's better to be cautious and rethink before proceeding.

Trump should have sent Judge Jenine Pirro.
Jap your right, I thought the Lawyer was a Liberal plant. weak, very weak.
Thanks Sully. She would have presented a strong argument.
Excellent contributions, CARBOB, as unofficial proactive 'amicus usque ad atrium' (friend to court advocate) :-). Have posted about the Inadmissible Aliens Statute a number of times but it doesn't get traction because the 9th Circuit has been CA influenced & liberalized under these past administration's transparent agendas, perhaps the intrepid Trump can overcome:-)

And Bravo konane for stalwart postings.
Thanks Eddessa. Yes commentary I read was they ignored the statute. Seemed like common sense but ....

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