Garrett Hawke
Member
Those are the medias words, those are their words. Fake news!Someone disagrees with you.
-
Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.
Federal appeals court maintains suspension of Trumps immigration order
- Thread starter bangbang i'm a timpani
- Start date
- Status
CrunchyFrog
Member
They'll seek an emergency injunction like they did at the 9th circuit I suspect, which would bring the case to trial ASAP. But even then the ban will be more than halfway over. This decision was the real victory. It'll still take weeks for a SCOTUS appeal to even start.
Its interesting to consider that this just grew so much larger than just the immigration ban.
This in the Supreme Court will be a battle on just what authority the courts have with regard to EO etc. Have a hard time believing even a republican stacked court would rule to limit the courts ability to be a check to Executive power
This in the Supreme Court will be a battle on just what authority the courts have with regard to EO etc. Have a hard time believing even a republican stacked court would rule to limit the courts ability to be a check to Executive power
Angry Grimace
Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
Sure they do.
The problem is that the stated reasoning the States are arguing the ban is unconstitutional is largely on a violation of the Establishment Clause except a blanket ban on granting visas to an entire country isn't facially invalid under the Establishment Clause because a blanket ban on a country isn't religious in nature (even if it is, in reality).
I tend to doubt the Supreme Court will even take this particular ruling and will just wait for a merits based ruling.
V
Vilix
Unconfirmed Member
Trump talking. Says "We'll win."
hammysaurusrex
Member
Not only is this a great refutation of Trumps horseshit, but I also appreciate that it's a big fuck you to the idiot liberals that have been trying to carry water for Trump by doing the "you guys, I don't like it but it's not a Muslim ban... you guuuys" mental gymnastics. Section VII demonstrates the courts recognized that the intention of the law and Trump's anti-Muslim rhetoric matched.
The "it's only discrimination if it impacts a majority of the members of a religion" argument is such a profoundly poor legal litmus test; it was embarrassing seeing people on the left try and use it.
The "it's only discrimination if it impacts a majority of the members of a religion" argument is such a profoundly poor legal litmus test; it was embarrassing seeing people on the left try and use it.
Username1198
Member
Stay losing easy d you pos
That is probably the plan, yes. Those "temporary powers" don't usually go away. Turkey is in a state of emergency since many years and France also extends theirs.
So just for "keeping the country safe", which is his theme, he would extend the duration of the ban and since nothing bad happens, he would continue to do so until the end of time, because is clearly works etc. etc.
SerTapTap
Member
I mean, they have it. Period. It's the whole point.
Pai Pai Master
Banned
yeah yeah yeah
fuck your bitch ass trump
BROWN PEOPLE UNITE
fuck your bitch ass trump
BROWN PEOPLE UNITE
RPGCrazied
Member
All caps is hilarious. I've been on the internet long enough to know that someone is livid. I love it.
OriginofHysteria
Banned
Even more glorious when it's a unanimous decision and Gorsuch yells 'yank on that fucker'
Nydius
Member
Yep. Even if every court strikes it down and it ends up eventually erased entirely, the mere act having been done was enough to give extremist organizations a new recruiting message for at least another 4 years, if not longer.
Yea that'll take longer to decide. It would honestly be in his best interest to pull this EO back and draft another one that's more specific. But he fucked up
Of course. They do have it. But that's why Donald wants to keep fighting it because he hopes to have lackey judges who would be willing to limit their own power
Common Knowledge
Member
As easy as it's already been for him!
The Supreme Court would have to willingly restrict the power of the Judicial Branch to protect trump
OriginofHysteria
Banned
Maybe like 5%
easy d already backfired once. double or nothing i guess.
fabricated backlash
Member
I would worry more about your (still)former allies than an enemy that would recruit new acolytes anyway.
Back-In-Black
Banned
Yes.
If the case is ever heard on the merits I don't believe that the entire ban will be struck down as unconstitutional. A subset will likely be carved out for alien residents/visa holders already in the United States but the rest of the ban will likely be upheld as it applies to new alien visa applicants and refugees.
probably but does he have the ability to listen to someone more reasonable that may suggest this? Survey says, no.
Your opinion clearly is irrelevant as you said that about the appeal you just lost.
Advocatus Diaboli
Member
I mean, based on my read, there are two things that I find interesting:
- DOJ's assertion that the EO was unreviewable by the judiciary.
- The usage of extrinsic evidence (or at least, failure to reject considering it), such as Trump and Rudy referring to the EO as a "Muslim ban."
So basically not happening, especially for this piece of garbage.
Angry Grimace
Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
The problem is that I don't think the is facially invalid because its scope is so wide that it targets country and not a religion because on a technical level it applies to non-muslims in those countries.
I would be surprised if the states actually won at the District Court level.
I doubt there would be a carve out for existing visa holders either because the Supreme Court has already held that a visa isn't a constitutionally protected right and the reason for revoking it isn't religious on its face.
Highly unlikely. Of the conservatives, Alito is such a partisan hack that I could see him going along with this, and I don't know what Thomas' arcane ideas about the Constitution would dictate in this case, but Roberts and especially Kennedy would have no interest in going to bat for this.
jellies_two
Member
Right after this news the news guy said they found a truck with enough chemicals to make a billion ecstasy pills
I wonder What Donald would be like rolling on molly
I wonder What Donald would be like rolling on molly
Also wouldn't it set precedent for decades to come if they protected this EO?
lastplayed
Member
whyamihere
Banned
I mean, again, on the merits, I don't think there are 5 votes to uphold the EO's constitutionality.
themagicalkitsune
Member
Our president literally became an Ace Attorney Villain.
I was thinking of Damon Gant more. He's all orange too.
metalslimer
Member
You're right. Didn't even thonk about that
Can GAF ease off the pedal a little when saying that "checks and balances will be destroyed" due to Trump? Americans should have a bit more faith in their system of government. It's far larger than any one man or any one office. Of course, the presidency is a big deal, and Trump is a cause for concern.
But our system of government is built precisely to withstand this sort of situation as today has (somewhat) shown.
But our system of government is built precisely to withstand this sort of situation as today has (somewhat) shown.
NYCmetsfan
Banned
Before it works its way back up or they argue on merits? I can't see a way. Its well written to pretty much give one out, rewrite the E.O. or have it judged on merits
They court also uses some conservative cases to directly appeal to the court. (uses Kennedy's cases ) They'd have to get 5 votes. I don't think they can. Roberts and Alito might not even join
So the next step is either introducing an EO that can fire Federal judges, or simply round them up and have them vanish into the night. Does he have ANY legal options left at this point, or are his only choices all illegal now?
RastaMentality
Banned
Hillary keeping count of Trump's Ls
Bobby Roberts
Banned
I just at a minimum try to expect some consistency because even though this ruling is of the same opinion that I have I still think the judicial system is a fucking mess.
- Status
Similar threads
- Locked