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9th Circuit Fails To Cite Actual Law In Issuing Its 29 Page Ruling

Posted on 2/10/17 at 7:28 am
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123779 posts
Posted on 2/10/17 at 7:28 am
and never justified standing.

Kind of like the court allowing a state to declare breech of 1st Amendment rights on part of an individual, and then for the court to never reference the 1st Amendment in its ruling.

Applicable Law:
quote:

(f) Suspension of entry or imposition of restrictions by President 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. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
Posted by Centinel
Idaho
Member since Sep 2016
43318 posts
Posted on 2/10/17 at 7:29 am to
9th Circuit gonna 9th Circuit
Posted by sicboy
Because Awesome
Member since Nov 2010
77553 posts
Posted on 2/10/17 at 7:36 am to
quote:

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


Didn't they say the White House failed to prove that there was an actual threat that required the travel ban of these specific countries?
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54202 posts
Posted on 2/10/17 at 7:36 am to
Dershowitz and Turley both say that the law is on Trump's side in this instance.

For those wanting to say Trump is wrong and the 9th is right, I'd say you are low informed wannabe lawyers.
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 2/10/17 at 7:37 am to
quote:

Didn't they say the White House failed to prove that there was an actual threat that required the travel ban of these specific countries?


Yes.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64390 posts
Posted on 2/10/17 at 7:37 am to
They just had a law professor (think he was from Harvard) on Morning Joe. He went down the list of things the 9th did in this decision. Basically the 9th totally ignored the law and instead pulled shite out of their arse to put out a decision that fits their political viewpoint. This decision by the 9th is both laughable and totally unsupportable from a legal standpoint.
Posted by Y.A. Tittle
Member since Sep 2003
101286 posts
Posted on 2/10/17 at 7:38 am to
quote:

Didn't they say the White House failed to prove that there was an actual threat that required the travel ban of these specific countries?


By what authority does a Predident have such a burden?
Posted by sicboy
Because Awesome
Member since Nov 2010
77553 posts
Posted on 2/10/17 at 7:40 am to
quote:

By what authority does a Predident have such a burden?



So there should be no checks in place for any decision he makes?
Posted by Fun Bunch
New Orleans
Member since May 2008
115433 posts
Posted on 2/10/17 at 7:40 am to
The problems he doesn't have to. The statute is clear on that.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64390 posts
Posted on 2/10/17 at 7:40 am to
quote:

By what authority does a Predident have such a burden?





there is no such authority. The 9th. Left the actual law books on the shelves gathering dust when it comes to this decision. Like I said above, they pulled this decision straight out of their progressive asses.
Posted by Y.A. Tittle
Member since Sep 2003
101286 posts
Posted on 2/10/17 at 7:43 am to
That's quite the extrapolation from a single specific question directed to this specific scenario. I realize there's really no good answer to my question that fits your desired results, though.
Posted by the808bass
The Lou
Member since Oct 2012
111496 posts
Posted on 2/10/17 at 7:43 am to
quote:

Didn't they say the White House failed to prove that there was an actual threat that required the travel ban of these specific countries?


The WH didn't try to. They asserted that these decisions aren't subject to judicial review. And normally they wouldn't be. It's just that the 9th and the whackaninny in Washington decided Trump is an existential threat to the country and that they therefore do have review over security decisions with respect to immigration.
Posted by Walkthedawg
Dawg Pound
Member since Oct 2012
11466 posts
Posted on 2/10/17 at 7:44 am to
quote:

So there should be no checks in place for any decision he makes?


According to the law "YES", but the law has been ignored here. It's what communist do, ignore the law and decree what is going to happen.
Posted by BigPerm30
Member since Aug 2011
25846 posts
Posted on 2/10/17 at 7:44 am to
They're not a court of rules. They are a court of policies and politics. And they wonder why they are overturned on a 80% clip. That's embarrassing.
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 2/10/17 at 7:44 am to
What if the president issued an EO that all immigrants from majority white countries had to go live in a camp. Whould that be constitutional? Of course not. It's ridiculous. So we're talking about line drawing. Where is the line of what is and isn't constitutional? If the US could actually prove there was a significant threat that was thwarted by the ban, they would have probably won. But instead they half assed it and hemmed and hawed and here we are.
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 2/10/17 at 7:46 am to
quote:

. They asserted that these decisions aren't subject to judicial review. And normally they wouldn't be.


That's ridiculous of course they are subject to judicial review.
Posted by the808bass
The Lou
Member since Oct 2012
111496 posts
Posted on 2/10/17 at 7:46 am to
quote:

What if the president issued an EO that all immigrants from majority white countries had to go live in a camp. Whould that be constitutional? Of course not.


Correct. But that's not what he did. So that's a stupid point.

The courts overstated the executive's position to pretend that they're the rational ones, IMO.
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 2/10/17 at 7:46 am to
There's a reason why the bunch of clowns are the most overturned court in America.

Posted by Turbeauxdog
Member since Aug 2004
23140 posts
Posted on 2/10/17 at 7:46 am to
quote:

What if the president issued an EO that all immigrants from majority white countries had to go live in a camp


If the camp is in the us that is unconstitutional, if it is outside the us we would probably be violating some international law but not the constitution

ETA i assume you mean potential immigrants
This post was edited on 2/10/17 at 7:48 am
Posted by Strannix
District 11
Member since Dec 2012
48839 posts
Posted on 2/10/17 at 7:48 am to
quote:

So there should be no checks in place for any decision he makes?


Are you retarded?
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