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Federal appeals court maintains suspension of Trump’s immigration order

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ICO_SotC

Member
"The decision is political" is the talking point they came up with for Trump supporters to hide behind.

Kind of sad that something as tired and generic as that is all they came up with. I've come to expect a little more super villain bravado from the Trump administration.
 
S

Socivol

Member
It's so funny how these conservatives are saying the judicial system is corrupt now but when minorities say it the same conservatives swear it's the best legal system in the world.
 
B

brau

Member
Cchgxf6.png
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https://twitter.com/SenSanders/status/829834986723430400
 
Monocle

Monocle

Member
Suck on that, xenophobic fascists. We're going to enrich our country and culture with immigrants while you tantrum in the corner. America, fuck yeah.

BiggNife said:
Yeah, this is basically the Justice Department telling Trump to go fuck himself.

C4Qo0PnVMAEiav4.jpg


feels good to actually see a part of our government working as intended for once.
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Swag.
 
B

BY2K

Membero Americo
"Ooooh and I would have gotten away with it if it wasn't for you meddling judges of the Ninth Circuit!"
 
I

Ithil

Member
He really genuinely thought he was free from lawsuits and judges telling him what he can and can't do, like the presidency means he's a king.
 
G

GK86

Homeland Security Fail
Eric Lipton ‏@EricLiptonNYT

DOJ Statement: "Good evening. 'The Justice Department is reviewing the decision and considering its options.' We have no further comment."



They shook.
 
B

BronsonLee

Member
Ithil said:
He really genuinely thought he was free from lawsuits and judges telling him what he can and can't do, like the presidency means he's a king.
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He'll always be King Dumbass to me

GK86 said:
Eric Lipton ‏@EricLiptonNYT

DOJ Statement: "Good evening. 'The Justice Department is reviewing the decision and considering its options.' We have no further comment."



They shook.
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I don't think they want any part of it
 
G

Garrett Hawke

Member
Oh my goooood!

Fantastic news.

It won't stop him for long but every single victory over this fucker and his disgusting regime is life giving.
 
A

Advocatus Diaboli

Member
Balphon said:
To say nothing of the fact that you can't really infer the panel was unanimous simply because the opinion was filed per curiam without dissent.
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To be fair, a per curiam decision without dissent is unanimous in the holding, if not the underlying rationale. (I haven't read the opinion and don't know this particular panel of the Ninth Circuit's juridical makeup, though.)

But as others have mentioned, even if this goes to SCOTUS (and I think Sessions is smart enough to realize it shouldn't), I don't think you get Kennedy and Roberts. Thomas always likes to dissent or concur separately. So yeah, maybe 6-2. But it'd be ill-advised to appeal the TRO.

So, naturally, that's what they'll do.
 
W

whyamihere

Banned
Advocatus Diaboli said:
I guess the smart thing would be to narrowly tailor and re-issue the order, as it should've been in the first place, with proper review by DoJ's OLC (with concurrence of State L), thus rendering moot this current suit on the merits.

Naturally, Trump's going to throw an even bigger tantrum and triple-down on this.
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Exactly. So he won't do that. So, he'll probably have an embarrassing loss at the SCOTUS on the TRO and on the merits. Sad!
 
J

jonjonaug

Member
Reading the decision more: Notably, the 9th Circuit does not directly address the "political" elements (whether or not this is a "Muslim ban"). It simply states that the claims brought by Washington state WRT the potential discriminatory intent of the travel ban are "serious", but that they are reserving consideration of those claims until "the merits of this appeal have been fully briefed". The reasoning for maintaining the stay seem to be mostly based on due process and potential harm grounds from what I can tell.
 
G

guek

Banned
brau said:
http://apps.washingtonpost.com/g/do...-9th-circuits-opinion-on-the-travel-ban/2327/

9th Circuit's opinion on the travel ban.

Easy D.
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some choice quotes

We therefore conclude that the States have alleged harms to their proprietary interests traceable to the Executive Order. The necessary connection can be drawn in at most two logical steps: (1) the Executive Order prevents nationals of seven countries from entering Washington and Minnesota; (2) as a result, some of these people will not enter state universities, some will not join those universities as faculty, some will be prevented from performing research, and some will not be permitted to return if they leave. And we have no difficulty concluding that the States’ injuries would be redressed if they could obtain the relief they ask for: a declaration that the Executive Order violates the Constitution and an injunction barring its enforcement.
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Although our jurisprudence has long counseled deference to the political branches on matters of immigration and national security, neither the Supreme Court nor our court has ever held that courts lack the authority to review executive action in those arenas for compliance with the Constitution. To the contrary, the Supreme Court has repeatedly and explicitly rejected the notion that the political branches have unreviewable authority over immigration or are not subject to the Constitution when policymaking in that context. Our court has likewise made clear that “[a]lthough alienage classifications are closely connected to matters of foreign policy and national security,” courts “can and do review foreign policy arguments that are offered to justify legislative or executive action when constitutional rights are at stake.”
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Nonetheless, “courts are not powerless to review the political branches’ actions” with respect to matters of national security. To the contrary, while counseling deference to the national security determinations of the political branches, the Supreme Court has made clear that the Government’s “authority and expertise in [such] matters do not automatically trump the Court’s own obligation to secure the protection that the Constitution grants to individuals,” even in times of war.
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The Government has not shown that the Executive Order provides what due process requires, such as notice and a hearing prior to restricting an individual’s ability to travel. Indeed, the Government does not contend that the Executive Order provides for such process. Rather, in addition to the arguments addressed in other parts of this opinion, the Government argues that most or all of the individuals affected by the Executive Order have no rights under the Due Process Clause
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Even if the claims based on the due process rights of lawful permanent residents were no longer part of this case, the States would continue to have potential claims regarding possible due process rights of other persons who are in the United States, even if unlawfully
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The Government has not shown that a stay is necessary to avoid irreparable injury.Although we agree that “the Government’s interest in combating terrorism is an urgent objective of the highest order, the Government has done little more than reiterate that fact.
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The Government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States.
7 Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all.8 We disagree, as explained above.
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fucking ethered
 
A

Armaros

Member
GK86 said:
Eric Lipton ‏@EricLiptonNYT

DOJ Statement: "Good evening. 'The Justice Department is reviewing the decision and considering its options.' We have no further comment."



They shook.
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If you read some of the reasoning behind the verdict. The judges basically said 'the justice department had no reasons for why the EO should stand only that we shouldn't be even looking into the EO at all' 'We disagree'.
 
A

Angry Grimace

Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
whyamihere said:
I really don't think there are 5 votes on the SCOTUS to find the EO constitutional on its merits. So he's fucked either way.
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The issue isn't that the District Court determined the Ban was unconstitional. It's that the District Court granted a stay so that it could determine whether the ban was constitutional before it allowed it to continue to take effect due to irreparable harm suffered by those banned.

The argument which was submitted to the Ninth Circuit (the Appellate Court) by the Trump Administration was that the Judiciary literally does not have the power to determine whether the Executive's immigration policies are Constitutional (essentially because it invokes the Political Question doctrine). There's no way whatsoever this gets overturned.

That doesn't mean the original Court might not determine that the Ban doesn't violate Constitutional rights. But I doubt you'll find out either way for quite a long time.
 
I

Ithil

Member
Really think about how his twitter looks now, it's not just the American populace who see it now, you can assume many world leaders, governing bodies, elected officials, around the world see him reacting to a ruling like this like a little whiny angry baby.

The amount of damage just him tweeting must be doing to the reputation of the US internationally must be quite severe.
 
V

VeryGooster

Banned
Kelly O'Donnell
@KellyO (NBC News)
@realDonaldTrump in hallway convo "Well we will see them in court...We have a situation where the security of our country is at stake..."

Trump tells @NBCNews he learned of tonight's decision through news media, per @HallieJackson
 
A

Advocatus Diaboli

Member
So, this is what we need to understand: the judiciary is the only thing preventing executive overreach and Congressional fuckery.

Everyone should read the opinion: http://apps.washingtonpost.com/g/do...-9th-circuits-opinion-on-the-travel-ban/2327/.

Everyone should read every resulting opinion that's generated from a Trump lawsuit.

If you don't understand something, PM me. Or post here, and I'm sure we can hash it out. it's important for all of us to be precise and thoughtful in how we express ourselves.
 
G

GK86

Homeland Security Fail
Cecillia Wang ‏@WangCecillia

True. Our nation's security, liberty, and constitutional form of govt are at stake. That's why we'll keep seeing YOU in court, Mr. Pres.


She works for the ACLU.
 
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