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Seattle Fed. Judge grants temporary restraining order on Immigration Ban nationwide

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E

everyday math

Banned
leroidys said:
And now these people have more political power than they've had at any point in modern history.
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Yep. This is why we must stand up for others that can't stand for themselves. Why Organizations like the ACLU are so important right now in this point in modern history.

The moment you become lax about your rights is the moment they'll do anything they can to take them away. Which is probably the most painful lesson that was this election. Many people saying my vote has no effect...

commedieu said:
Now. Wrap that all into one candidate that openly ran on bigotry and hate. Won an election, Then continued to say said rhetoric and hired white supremacists to run his cabinet and is trying to destroy the division of power in our country.

No one is saying elements of bad things have never happened in isolation.
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This was more how do I say it....reflecting on history then anything. Not saying everyone here is, but I think quite a few here are educated enough to know our history.
 
I

Ishan

Junior Member
I'm not certain of which way the case will go presidents normally get lots off leeway with immigration plus all decisions so far have been stays not repeals ..
 
N

Nelo Ice

Banned
everyday math said:
Yep. This is why we must stand up for others that can't stand for themselves. Why Organizations like the ACLU are so important right now in this point in modern history.

The moment you become lax about your rights is the moment they'll do anything they can to take them away. Which is probably the most painful lesson that was this election. Many people saying my vote has no effect...
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Yep and its frustrating me to no end that at least in my network, no one still seems to give a shit. Its like why bother protesting or donating?. Meanwhile most times I'm like the only showing up to protests, town halls, and donating to places like the ACLU.
 
N

nintendoman58

Member
Gutek said:
I remember when the EC was hailed as checks and balances too. And the cabinet hearings.
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Even so, it's unhealthy to assume that everything's gonna go his way just because. The same way it was unhealthy for all of us to assume it was gonna go our way.

It's all about the process. I don't know how this appeal stuff works, so I'm going to ask several questions to determine what the chances are here.

Is Trump allowed to choose his judge for the case?
Does the same judge who struck down the EO get to see over the appeal?
Is this more of a Jury-based thing? If so, do the Republicans choose the Jury here?

How about Lawyers? Where do they factor in this?

I'll wait for answers to these questions before I get a solid grasp on who wins here. Until then, let's stop automatically assuming the worst.
 
F

faisal233

Member
BitStyle said:
smh. No point in rationality, eh?
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It's really not her fault.

"Rational basis" is the lightest test a court can put on the constitutionality of a law. There are much harder tests that can and will be used to determine the constitutionality of the EO. The lawyer is reduced to arguing that there can be no tests put on by the court (because it will fail), and that basically it it outside of judicial review.

She probably just drew the short straw at the DOJ for this, has to legally make the stongest argument she can make and is reduced to bullshit.

In a way, I feel for her for having to spew this bs.
 
Flying Toaster

Flying Toaster

Member
Gutek said:
I remember when the EC was hailed as checks and balances too. And the cabinet hearings.
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The EC being hailed as checks and balances was laughable at best. The Judicial branch enforcing laws is different. I understand the everything is fucked mentality but we do have a system for checks and balances.

Historically this will be the first time the Judicial branch will be this overworked with executive branch shenanigans though.
 
F

faisal233

Member
Flying Toaster said:
The EC being hailed as checks and balances was laughable at best. The Judicial branch enforcing laws is different I understand the everything is fucked mentality but we do have a system for checks and balances.

Historically this will be the first time the Judicial branch will be this overworked with executive branch shenanigans though.
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No one with a passing knowledge of US govt and politics took the appeal to the EC seriously. It was always some pie in the sky dream.

Expecting the judiciary to give up their constitutional powers without a fight is silly. Outside of the obvious unconstitutionality of the EO, lifetime appointed federal judges are not going to let the executive to bully it into giving up their power. POTUS las zero leverage on the courts.
 
Flying Toaster

Flying Toaster

Member
faisal233 said:
No one with a passing knowledge of US govt and politics took the appeal to the EC seriously. It was always some pie in the sky dream.

Expecting the judiciary to give up their constitutional powers without a fight is silly. Outside of the obvious unconstitutionality of the EO, lifetime appointed federal judges are not going to let the executive to bully it into giving up their power. POTUS las zero leverage on the courts.
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I am on my phone. This is a perfect summary of my thoughts on this matter. Thanks.
 
G

Grug

Member
We laugh now but if there is another Bowling Green Massacre as a result of this decision, these so-called judges will have alternative blood on their hands.
 
B

BronzeWolf

Banned
The only thing that bugs me is that the Atty Gral is basically just an employee to the president.

This was not abused before due to tradition, but it sure would be nice to not have things depend on tradition.
 
RPGCrazied

RPGCrazied

Member
BronzeWolf said:
The only thing that bugs me is that the Atty Gral is basically just an employee to the president.
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Trump can't fire him. The only way to remove this judge is by the house of representatives, and good luck with that. This judge was appointed by Bush, and had a 99-0 senate vote.

He's good.
 
S

sonicmj1

Member
nintendoman58 said:
It's all about the process. I don't know how this appeal stuff works, so I'm going to ask several questions to determine what the chances are here.

Is Trump allowed to choose his judge for the case?
Does the same judge who struck down the EO get to see over the appeal?
Is this more of a Jury-based thing? If so, do the Republicans choose the Jury here?

How about Lawyers? Where do they factor in this?

I'll wait for answers to these questions before I get a solid grasp on who wins here. Until then, let's stop automatically assuming the worst.
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Trump does not get to choose his judge. The same judge does not preside. There is no jury.

An appeal means the case will go in front of a group of judges who serve on that circuit (in this case, the Ninth Circuit). The judges will decide based on the facts put before the District Court judge whether or not that court's judgment stays in place. Attorneys from both sides will file written briefs in support of their position, and they may get to argue before the judges to try to persuade them.

The judicial process exists to be insulated from political pressure. The Department of Justice isn't going to win unless they make good arguments, which so far seem to have escaped them completely.
 
T

theignoramus

Member
Alexandra Schwartz ‏@Alex_Lily 1h1 hour ago
More
Just went through customs at JFK. CPB agents loudly discussing the ban as they process travelers. "I think it might be back on next week!"

Alexandra SchwartzVerified account
‏@Alex_Lily

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In front of me in the citizens & green card line at JFK, a CPB agent says to woman: "Why should my tax dollars pay for your medical bills?"

Alexandra Schwartz ‏@Alex_Lily 1h1 hour ago
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He repeats this line, again and again.

Alexandra Schwartz ‏@Alex_Lily 1h1 hour ago

I have often noticed rude and aggressive CPB behavior at JFK, accusatory towards ppl who have trouble w English. This was next level.


Alexandra Schwartz ‏@Alex_Lily 1h1 hour ago
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Anyway, he escorted her aside to a booth for more processing. Why he needed to intimidate, editorialize & harass beforehand, unclear.
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Trump's only been in office 2 weeks, but people should be very afraid about what could happen if he and Bannon spend the next few years building a Praetorian Guard within USG agencies.
 
R

RaidenZR

Member
sonicmj1 said:
The judicial process exists to be insulated from political pressure. The Department of Justice isn't going to win unless they make good arguments, which so far seem to have escaped them completely.
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"So unfair! The system is rigged!"

Seriously though, Trump is being an even bigger child-idiot than usual and that's saying something. The "so-called" judge comment -- is that an attempt to delegitiamize the ruling in the eyes of his crowd? Such a petty, transparent slimeball.

At what point do even the staunchest defenders realize he cry, cry, cries over any sliver of dissent, opposition, or resistance? I can't wait for some of the drama to go on long enough where he turns on those closest to him in the WH. I didn't think that was a possibility before but I think it's bound to happen within 4 years.
 
C

chromatic9

Member
Tovarisc said:
MNQUBWF.png

https://twitter.com/realDonaldTrump/status/827981079042805761
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Not quite.

OBq3POm.jpg


Among those standing to benefit most from the suspension of the ban is four-month-old Fatemeh Reshad, an Iranian infant with a heart defect who will now receive life-saving surgery in the US after all.

US doctors have pledged to treat her for free, New York Governor Andrew Cuomo said. .
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O

Ogodei

Member
theignoramus said:
Trump's only been in office 2 weeks, but people should be very afraid about what could happen if he and Bannon spend the next few years building a Praetorian Guard within USG agencies.
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CBP needs a top-to-bottom cleaning once Trump's out. Send through "secret shoppers" basically, and anyone caught being insensitive based on race, linguistic skill, or national origin gets fired, first offense.
 
L

liquidtmd

Banned
"This so-called 'US federal appeals court' for backing up this so-called 'Judge' - are they blind? I'm going to refer the Appeals Court to another court until I get the right answer. RIGGED"
 
L

Lord Frieza

Member
But Rudy...you said you made it legal?

I mean, there will undoubtably be more horrible shit, but damn it all if this isn't a new breath after a shit-filled couple of weeks.
 
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