February 9, 2017

"Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss."

The NYT reports, and I'm not at all surprised. 

ADDED: 

246 comments:

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Jon Ericson said...

This post has been disrupted by... Pedro.
See you on another thread!

Quayle said...

Boring.

Cummon CC. Make an effort.

You're losing us.

buwaya said...

Whatever Ritmo.
I am reminded of those Chinese FOB mamas who always come to San Francisco School Board meetings - a generation of those ladies now. They are silent, they speak little English, they always have a spokesman who doesnt do much better than they do; sometimes its one of their teenage kids. Any of them is worth a hundred of the condescending, glib swine on the dais, who perpetually want to screw them over somehow.

That is American education, the battle of the valuable against the glib.

That is exactly what we see in such conflicts as DeVos.

Bleach Drinkers Curing Coronavirus Together said...

I'm more than happy to "lose" any guy who says an entertaining government is what he values most and who names himself after vice presidential joke, Dan Quayle.

Bleach Drinkers Curing Coronavirus Together said...

What you see in DeVos? You see what you what you want to see.

You've already admitted that your words have no value.

Jupiter said...

"From left, Abdulmajeed and his wife, Baraa, Syrian refugees, were greeted by her father at O’Hare International Airport in Chicago on Tuesday."

They will tell you that Abdulmajeed means "servant of the Glorious", but that's bullshit. What it means is "Slave of Allah". Because this charming new American is a member of an organization which denies the legitimacy of our Constitution, and demands that its adherents wage war on us. He is at liberty to renounce his connection to that organization. But he has other plans. They involve the country you live in, but he does not regard it as your country.

Bleach Drinkers Curing Coronavirus Together said...

The Bowling Green Massacre was just words.

Jon Ericson said...

To reiterate what is obvious to all...:

buwaya said...
Whatever Ritmo.

buwaya rules!

Triangle Man said...

Rational basis. Get some. It's good stuff. Demand is currently low, so it's a bargain.

Jon Ericson said...

Naw, Ritmo exudes sort of a: I'm so special: "I'm so smart, so fuck me. pick your hole, call in helpful dong holders. Add meaty (NTTAWWT) pron starz directing port designations and all that other sick shit.
Is that not correct, Insane one?

Michael K said...

God grief ! A Ritmo thread. McDonalds late tonight ?

Jon Ericson said...

הִסתַלֵק

donald said...

The 9th circuit is overturned I believe it is 84 or 86 percent of the time per Neal Boortz.

Either way, if true and he has no reason to lie, that's one helluva fact.

Bleach Drinkers Curing Coronavirus Together said...

God grief ! A Ritmo thread. McDonalds late tonight ?

Well, not until you showed up! I bit into your brain and tasted a big, fat chicken nugget!

Thank goodness you're here, Michael! What would we have discussed without you? I mean, other than how everything you post publicly is to be treated very discretely, and how commenting on it in any other way is mean.

You're a very sensitive guy, aren't you? Is that the way your nursemaid raised you to be, now?

DanTheMan said...

>>You know what else is boring?

Trolls? Name-callers? Fake profiles?


Jon Ericson said...

Keep crankin' CC,
lol

Bleach Drinkers Curing Coronavirus Together said...

I do what I can, Jon. I do what I can.

But Michael makes it easy. Did you see how he walked right into that?

He's a sensitive guy. He can't help himself.

But damn! What an over-rated nobody. If you ever wanted an example of how entitlement and elitism works in this society, just look at him.

Jon Ericson said...

That'll rouse the believers!
Shaking My Head.
Mmm, Mmm, Mmm.

DanTheMan said...

>>I bit into your brain and tasted a big, fat chicken nugget!

What, are you 5 years old??? What's next, calling other commenters "doo-doo heads"?

Jon Ericson said...

I imagine a fat guy sitting on a toilet with $200,000 worth of jewelry.
You?

Bleach Drinkers Curing Coronavirus Together said...

>>I bit into your brain and tasted a big, fat chicken nugget!

What, are you 5 years old??? What's next, calling other commenters "doo-doo heads"?


You're defending a guy whose only response to comments he doesn't like is to tell people that they "work at McDonalds".

But yes, you're the one being respectable here.

Jon Ericson said...

Coke supplies dwindlin' CC?
Down to Meth?
I know it's tuff in DC right now,
but couldn't you fly up to DC to show your support?

Jon Ericson said...

You could punch out those patriots camping out in Head Clown Schumer's boulevard amigo.

Jon Ericson said...

Or help with Warren's book sales.
You could stand outside a bookstore and yell:
"IF YOU ARE NOT AN ASSHOLE, YOU MUST BUY THIS BOOK!

Jon Ericson said...

שמאָק

The Cracker Emcee Refulgent said...


"Strangely Trump wins. The pushback is from the elites and no-one is more elite than judges. Trump ran against the elites and he gains strength if the elites continue to oppose him. The judicial branch had better hope that no-one come into the country as a result of this decision and causes mayhem. If I were Chief Justice I would be very concerned. The judicial branch has placed itself in a very, very vulnerable position."

Exactly. I find this a very strange hill for the Left to choose to die on, not just legalistically, but because future Muslim terrorist attacks are a certainty. I understand that Leftist hysteria has it's own momentum. Clearly the Left itself has lost the ability to channel it. What a gift to Trump.

M Jordan said...

This is disturbing to me on many levels but I do say this, I appreciate Trump attacking judges. They are ideologues in robes. To hell with all of them.

And while I'm on a roll, I'm done with this Gorsuch fellow too. What a pussy. Can't even stand up against the biggest prig in the Senate, Richard Blumenthal.

Jon Ericson said...

Hmm.
3D or failure?
Commence pissing.

Jon Ericson said...

A fake to the right on the first down?

Unknown said...

Full basket tonight, I can see. Ann, I read the order and it seems a very straightforward application of established jurisprudence applied to fundamental Constitutional rights.

I'm being lazy here, but what would you identify as the biggest relative "stretch" or expansion of existing precedent? Without a bunch of research I'm left with the following as best candidates for Judicial activism arguments: 1) The ruling that the TRO could be cast as a preliminary injunction and therefore subject to appeal in the first place - putting the ball on the ninth Circuit tee for a meaty swing/order, and 2) Not stopping at the Due Process analysis. I honestly don't see how the government expects to get past that one with the current E.O.

If there is any bubble gum and kite string holding any of this together, where is it - lost my free Westlaw years ago....

Thanks!

Anonymous said...

Solomon tried this? Got to good result by offering to cut the baby in two and give half to each defendant. needless to say, the issue sorted itself out quickly. Same should happen here. You want my job run for election. Then you will be responsible for overriding my best judgement. How do we divide the baby in this situation? I say "bring back the duel" then on of the aggrieved parties, a family member of someone who died, can challenge those other than the appointed decision maker to a duel at dawn. I'd also do the same for the press. Embarrass my children in front of their mother. See you at dawn. As Andrew Jackson regularly did, and killed most with only a few wounds to himself. The nice thing about a duel is the outcome is uncertain so everyone becomes very polite. A large component of civil society. Where without a civil, self-dependent and self-reliant society America can never be great again..

C T said...

Page 20 of Ninth Circuit ruling will make them and many other lawyers a laughingstock for years to come. Did you see how they said the executive order blocked legal permanent residents and non-immigrants? Everyone from the DHS to the DOJ to the Ninth Circuit has been making the same dumb mistake since the day after the order was signed. A legal permanent resident doesn’t get “admitted” to the USA as an “immigrant” unless they’ve done one of a very few things that can put their LPR status in jeopardy. “Immigrants” are people traveling to the USA on an immigrant visa; “immigrants” are not people who have already immigrated, at least not technically.

Here’s the law behind it all:

Immigration and Nationality Act (INA): ACT 101 – DEFINITIONS Sec. 101. [8 U.S.C. 1101]
(a) As used in this Act-
(13)(A) The terms “admission” and “admitted” mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.
(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition proceedings,
(v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240A(a), or
(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.

The executive order reads as follows:
(3) (c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).

Put these two things together, even you non-lawyers, and you can see that the executive order doesn’t apply to green card holders because they’re not “immigrants” needing admission to the USA under the INA (unless they’ve done one of the above-enumerated things that puts their LPR status in jeopardy). Yet the 9th Circuit and the White House counsel and the DOJ and everyone else is still in the dark on this point and claiming that the order as originally written barred green card holders. These are the “elites” running our country. They can’t even read the definitions section of the relevant federal law to see that LPRs aren't "immigrants," a difference so basic any DHS agent working a port of entry could school them on it. Absolutely shameful.

james conrad said...

It's my understanding that the 9th circuit has a reversal rate of 80% of the cases reviewed by the SC. So 8 of of 10 cases the supreme court reviews, the 9th gets it wrong, why not just do away with these guys? A computer i bet would get a better pass rate than that and at much less cost.

james conrad said...

Looking at it from Trump's point of view, he needs to get before the SC asap, he's got an 8 in 10 chance of winning! I like those odds.

Achilles said...

And the left continues to self-immolate. Their judges are obviously political and can't read. When you know with 99% certainty what the decision will be from a group of judges because of their political orientation the "law" is dead.

The media thinks they have more power than they actually do. Illegal immigration is universally unpopular all over the world. The globalists that own the media have been pushing a borderless world for years but they have lost. The entire left is in it's death throws. France is going to have a run-off between a Conservative and La-Pen. Merkel is not going to survive the next election in Germany. And in the US? Democrats are looking at 38 seats in the Senate after 2018. It will be fun watching dem's try to switch parties over the next couple of years to save their worthless hides.

This decision is a win-win for Trump. The 9th circus looks stupid. The activist judge who wrote a 7 page double spaced decision with no useful citations in Seattle over rules several judges who disagreed with him making the entire judicial system look stacked in favor of the globalists trying to import cheap labor.

And when the next terror attack comes? It will be Judge Robards and the 9th circuits fault. Immigration reform becomes topic #1 and there will be no ignoring the 80+% of Americans who want to see an end to illegal immigration.

C T said...

Before I go off to bed, I must clarify something I gave the wrong impression about above. Every "alien" is called an "immigrant" under the INA unless they have proven that they fit into a "nonimmigrant" category; "immigrant" is simply the default term. However, when it comes to admission (which means entry with authorization) to the USA, LPRs do not have to be admitted under the INA as either immigrants or nonimmigrants. They have already gone through the process of having an immigration petition approved and acted upon to grant them legal permanent residency. When they come into the USA afterward, they are simply coming home as entitled per their LPR status. Hence an executive order suspending immigration benefits, including admission, under the INA is irrelevant to LPRs.

Immigration law is a beast, and no lay person should feel bad for getting it wrong. I won't say the same for the DOJ, DHS, and the 9th Circuit.

readering said...

Worst Supreme Court decision of past 100 years generally thought to be Korematsu (1944), which the dissent termed "legalization of racism". Judiciary (divided 6-3) deferred to Executive ipse dixit regarding wartime national security that turned out to be bogus (contemporaneous documents showed there was no real military belief that Japanese at large posed a threat on the lower 48).

So Trump has to do a better job of substantiating the national security threat. The threshold is not high. But there is a threshold.

David Baker said...

Obviously, there's no language or precedent that will satisfy the courts when it comes to Donald Trump (re; my "We're a country of men, not laws"). This includes the Supreme Court, which will come down 5-3 or 6-2 - even possibly 8-0 - in support of the 9th Circuit.

I believe that in order for President Trump to defend the country -and- uphold the Constitution, he should ignore the courts in this matter.

readering said...

This reversal rate discussion is misleading. The Supreme Court only takes a few cases that are offered to it--the ones it is inclined to reverse. To quote the Supreme Court press:

"Getting a case heard by the Supreme Court is considerably more difficult than gaining admission to Harvard. In 2010, there were 5,910 petitions for a Writ of Certiorari filed with the Supreme Court, but cert was granted for only 165 cases. That is a success rate of only 2.8%. (In contrast, Harvard admitted 5.9% of its applicants in the year 2012)."

james conrad said...

This reversal rate discussion is misleading.

Granted, the SC only reviews a small number of cases but still, an 80% reversal rate of the 9th speaks for itself. That is a hideous number and speaks to a judiciary that is insulated and arrogant, they simply don't give a damn what the law is, they care about the policy outcome.

Kevin said...

I didn't know Korematsu was about halting immigration from Japan during the war...

Owen said...

I need to read up on Korematsu but didn't FDR's order apply to US citizens of Japanese origin? "Nisei" is (or was) the term referring to US-born children of Japanese immigrants. Full citizens, but sent into the camps. Because!

So: somewhat different and much more egregious facts than a 90-day suspension of applications to enter by ALIENS from 7 countries previously identified by Congress and Obama as high-risk.

If we were talking about carriers of Ebola virus rather than terrorists, I think the discussion would be remarkably different.

readering said...

Issue of Korematsu different but in both Government relying to win on judicial deference to executive determinations on national security. In Korematsu deference turned out to be misplaced since Government lying.

mockturtle said...

A Japanese-American friend from years past was born in an internment camp in WA state. Her father's business was confiscated and the whole family was imprisoned. Not our finest hour. But this has nothing to do whatever to do with Trump's EO.

ccscientist said...

The courts are making their rulings on specious grounds. Like claiming that a president cannot limit how many people can immigrate from a particular country. Of course he can. There are overall immigration quotas and quotas for individual countries. And this "ban" was only temporary in order to tighten up the vetting.
On the other hand, being so hasty the Trump team put forth lousy arguments.
Idiots all the way around.

Known Unknown said...

Words have value but are cheap when compared to the investment one must make with their actions.

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