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Author Topic: Checks and Balances  (Read 306 times)
Dos Equis
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« on: February 09, 2017, 04:45:00 PM »

President Trump checked x 2.  Will see what happens at the U.S. Supreme Court.

Appeals court upholds ruling blocking Trump's immigration order
Published February 09, 2017
FoxNews.com

BREAKING: A federal appeals court in San Francisco upheld the suspension of President Trump's controversial immigration order Thursday -- a decision that could end up in front of the Supreme Court.

The panel of three judges on the 9th U.S. Circuit Court of Appeals refused to reinstate the order after a federal judge had issued a halt to the order last week.

Trump issued the executive order, which placed a 90-day pause on immigrants from Iraq, Iran, Syria, Yemen, Libya, Somalia and Sudan, on Jan. 27, causing chaos and outrage at airports across the country. The order also imposed a 120-day pause on all refugees, and an indefinite pause on refugees from Syria.

The case was given to the appeals court after a Seattle federal judge last week ordered a halt to Trump’s order. Judge James Robart issued a temporary restraining order after Washington state and Minnesota both sued. Attorneys from the Justice Department appealed Robart’s ruling, arguing that the president’s executive power gives him the authority to place restrictions on people coming into the country.

It is possible the case will next be reviewed by the Supreme Court, although Trump’s nominee for its vacant seat, Judge Neil Gorsuch, is unlikely to be in place by the time it would reach the court. It is also possible that if it goes to the high court, by that time the temporary restrictions would have expired.

Supporters of Trump's order argue it will help keep America safe from terrorists looking to infiltrate the United States from terror hotspots that often have inadequate vetting procedures. Opponents have argued it is unconstitutional and discriminatory – claiming that it is a “Muslim ban” and that it has harmed individuals and businesses.

During arguments before the court, Washington state Solicitor General Noah Purcell argued that Trump campaign statements about a Muslim ban showed discriminatory intent.

"There are statements that we've quoted in our complaint that are rather shocking evidence of intent to discriminate against Muslims, given that we haven't even had any discovery yet to find out what else might have been said in private," Purcell said.

Trump had been outspoken in his criticism of the case, calling Robart a “so-called judge” on Twitter, and on Wednesday warning that “if the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled.”

The Associated Press contributed to this report.

http://www.foxnews.com/politics/2017/02/09/appeals-court-upholds-ruling-blocking-trumps-immigration-order.html
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« Reply #1 on: February 09, 2017, 05:02:53 PM »

In the meantime:

Republicans push bill to split up ‘nutty 9th Circuit’

As judges on the 9th Circuit Court of Appeals weigh the legality of President Trump’s immigration executive order, a Republican push to split up the controversial court -- and shrink its clout -- is gaining steam on Capitol Hill.

Republican Sens. Jeff Flake and John McCain of Arizona introduced legislation last month to carve six states (Arizona, Alaska, Idaho, Montana, Nevada, Washington) out of the San Francisco-based court circuit and create a brand new 12th Circuit.

They argue that the 9th is too big, too liberal and too slow resolving cases. If they succeed, only California, Oregon, Hawaii and two island districts would remain in the 9th's judicial fiefdom.

http://www.foxnews.com/politics/2017/02/09/bill-to-split-nutty-9th-circuit-gains-momentum.html
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Dos Equis
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« Reply #2 on: February 09, 2017, 05:22:18 PM »

Link to the decision:  http://apps.npr.org/documents/document.html?id=3457942-Travel-Ban-9th-Circuit&utm_source=twitter.com&utm_medium=social&utm_campaign=npr&utm_term=nprnews&utm_content=20170209
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« Reply #3 on: February 09, 2017, 06:26:49 PM »

In the meantime:

Republicans push bill to split up ‘nutty 9th Circuit’

As judges on the 9th Circuit Court of Appeals weigh the legality of President Trump’s immigration executive order, a Republican push to split up the controversial court -- and shrink its clout -- is gaining steam on Capitol Hill.

Republican Sens. Jeff Flake and John McCain of Arizona introduced legislation last month to carve six states (Arizona, Alaska, Idaho, Montana, Nevada, Washington) out of the San Francisco-based court circuit and create a brand new 12th Circuit.

They argue that the 9th is too big, too liberal and too slow resolving cases. If they succeed, only California, Oregon, Hawaii and two island districts would remain in the 9th's judicial fiefdom.

http://www.foxnews.com/politics/2017/02/09/bill-to-split-nutty-9th-circuit-gains-momentum.html
Thats pretty bad if even McCain thinks they are too liberal.
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Dos Equis
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« Reply #4 on: February 10, 2017, 12:18:26 PM »

Trump seizes on omission in court's travel ban ruling, plots next move
By  Judson Berger   
Published February 10, 2017
FoxNews.com

President Trump got to work early Friday picking apart a federal court’s decision not to reinstate his controversial travel ban, noting that the detailed 29-page order did not include one mention of the statute he claims gives him broad authority on immigration.

“A disgraceful decision!” Trump tweeted, while quoting an analyst who flagged the omission in a Lawfare blog post.
 
The writer, Brookings fellow and Lawfare editor-in-chief Benjamin Wittes, had noted the order skipped over a key part of the U.S. code on “inadmissible aliens” which Trump had publicly recited on Wednesday in defense of his immigration restrictions.

READ THE COURT ORDER

The statute reads in part: “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.”

Wittes wrote that this statute speaks to one of two “big questions” on which the case will turn.

He said the statute indeed gives Trump “sweeping power” to restrict entry, writing: “Remarkably, in the entire opinion, the panel did not bother even to cite this statute, which forms the principal statutory basis for the executive order (see Sections 3(c), 5(c), and 5(d) of the order). That’s a pretty big omission over 29 pages, including several pages devoted to determining the government’s likelihood of success on the merits of the case.”

The Trump administration has pointed to that statute for days in defending the controversial move to suspend refugee admissions as well as travel and immigration from seven mostly Muslim countries.

CLINTON TROLLS TRUMP

A three-judge panel of the 9th Circuit Court of Appeals, though, declined to lift a lower-court ruling that suspended the policy on other grounds.

In their unanimous decision, the judges generally referred to the government’s position that such presidential decisions on immigration policy are “unreviewable” – but rejected that argument. 

“There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy,” the judges wrote. “…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.”

The ruling did address what Wittes said was the other “big” question at play: How statements from the president and his campaign team could “render an otherwise valid exercise of this power invalid.”

This aspect pertains to past statements by Trump and his advisers that they were looking at ways to suspend immigration to the U.S. for Muslims. While the administration now insists this is not a “Muslim” ban, the states challenging the order say it violates the establishment and equal protection clauses of the Constitution because it was meant to target Muslims – pointing to the president’s past statements and other factors.

The court wrote: “The States’ claims raise serious allegations and present significant constitutional questions.”

The Justice Department is now reviewing its options -- which include the possibility of appealing the matter to the Supreme Court, asking for a review from a broader panel of judges or taking the dispute back to the lower court. Or the White House could issue a revised order.

Trump tweeted overnight, “SEE YOU IN COURT,” without specifying which court.

Wittes argued that the 9th Circuit was right to leave the restraining order in place, “for the simple reason that there is no cause to plunge the country into turmoil again while the courts address the merits of these matters over the next few weeks.”

Before the measure was put on hold, Trump’s order caused chaos at airports amid confusion over which travelers were affected. Green-card holders initially were thought to be included in the freeze, though the Homeland Security Department later made clear they were exempt.

Wittes cautioned in his post that the fight over the merits is different than the battle that just played out in San Francisco: “Eventually, the court has to confront the clash between a broad delegation of power to the President—a delegation which gives him a lot of authority to do a lot of not-nice stuff to refugees and visa holders—in a context in which judges normally defer to the president, and the incompetent malevolence with which this order was promulgated.”

http://www.foxnews.com/politics/2017/02/10/trump-seizes-on-omission-in-courts-travel-ban-ruling-plots-next-move.html
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« Reply #5 on: February 10, 2017, 02:02:01 PM »

Andrew Napolitano: 9th Circuit Ruling ‘Intellectually Dishonest’
by Pam Key
9 Feb 2017
 
Thursday on the Fox News Channel, in reacting to the 9th Circuit Court ruling upholding the blocking of President Trump‘s executive order banning immigrants from seven Muslim-majority countries from entering the United States, network senior judicial analyst Andrew Napolitano called the ruling “an intellectually dishonest piece of work.”

Napolitano said, “The statute specifically says the president on his own, by proclamation, meaning he doesn’t have to consult with anybody else, can make the decision. The decision to ban is not reviewable. Judges are incapable of second-guessing the president on it. For that reason, he may be thinking the Supreme Court is going to invalidate it.”

“I don’t know which way the Supreme Court is going to go and I don’t know which court he had in mind, but this is an intellectually dishonest piece of work the 9th Circuit has produced tonight because it essentially consists of substituting the judgment of three judges for the President of the United States when the Constitution unambiguously gives this area of jurisdiction, foreign policy, exclusively to the president,” he added.

http://www.breitbart.com/video/2017/02/09/napolitano-9th-circuit-ruling-intellectually-dishonest/
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« Reply #6 on: February 10, 2017, 02:05:21 PM »

Andrew Napolitano: 9th Circuit Ruling ‘Intellectually Dishonest’
by Pam Key
9 Feb 2017
 
Thursday on the Fox News Channel, in reacting to the 9th Circuit Court ruling upholding the blocking of President Trump‘s executive order banning immigrants from seven Muslim-majority countries from entering the United States, network senior judicial analyst Andrew Napolitano called the ruling “an intellectually dishonest piece of work.”

Napolitano said, “The statute specifically says the president on his own, by proclamation, meaning he doesn’t have to consult with anybody else, can make the decision. The decision to ban is not reviewable. Judges are incapable of second-guessing the president on it. For that reason, he may be thinking the Supreme Court is going to invalidate it.”

“I don’t know which way the Supreme Court is going to go and I don’t know which court he had in mind, but this is an intellectually dishonest piece of work the 9th Circuit has produced tonight because it essentially consists of substituting the judgment of three judges for the President of the United States when the Constitution unambiguously gives this area of jurisdiction, foreign policy, exclusively to the president,” he added.

http://www.breitbart.com/video/2017/02/09/napolitano-9th-circuit-ruling-intellectually-dishonest/

Judge Andrew Napolitano is one of the most sensible voices on Fox News.
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Dos Equis
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« Reply #7 on: February 10, 2017, 02:25:46 PM »

Judge Andrew Napolitano is one of the most sensible voices on Fox News.

Yeah I like him. 
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