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Started By
Message
Do judges just get to ignore the law and make it up as they go now?
Posted on 2/4/17 at 9:20 am
Posted on 2/4/17 at 9:20 am
By now I'm sure all of you are familiar with this portion of the US Code....
This is still in the books and thus still the law of the land. That being the case, how are these judges just ignoring this law?!?
quote:
8 USC Sec. 1182(f):
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.
This is still in the books and thus still the law of the land. That being the case, how are these judges just ignoring this law?!?
13
Posted on 2/4/17 at 9:21 am to Darth_Vader
2 issues
1. i don't think that the EO would be protected by this with respect to visa holders
2. applying this law in a way to be discriminatory by religion may be unconstitutional
Trump's team wrote a bad EO and led to these challenges (and likely losses)
1. i don't think that the EO would be protected by this with respect to visa holders
2. applying this law in a way to be discriminatory by religion may be unconstitutional
Trump's team wrote a bad EO and led to these challenges (and likely losses)
Posted on 2/4/17 at 9:23 am to Darth_Vader
We really needed another thread on this. Thank you.
Btw, nice melt on the board today.
Btw, nice melt on the board today.
Posted on 2/4/17 at 9:24 am to SlowFlowPro
Iosh posted Washington's petition last night. It looks like Trump is cooked on an APA claim Washington has. They really did a shite job thinking this thing through.
Posted on 2/4/17 at 9:24 am to SlowFlowPro
quote:
2. applying this law in a way to be discriminatory by religion may be unconstitutional
This can't be shown. If there was an intent to ban a specific religion, other countries would have been chosen.
Posted on 2/4/17 at 9:25 am to Darth_Vader
quote:
This is still in the books and thus still the law of the land. That being the case, how are these judges just ignoring this law?
Trump's EO didn't follow that
Posted on 2/4/17 at 9:25 am to mmcgrath
quote:
Btw, nice melt on the board today.
I melted? When? What are you talking about?
This post was edited on 2/4/17 at 9:27 am
Posted on 2/4/17 at 9:26 am to jeff5891
quote:
Trump's EO didn't follow that
How so?
Posted on 2/4/17 at 9:44 am to Darth_Vader
Because the judge issued a TRO and didn't decide the case on the merits. It's entirely possible that states could still lose on the merits.
Posted on 2/4/17 at 9:46 am to CorporateTiger
quote:
Because the judge issued a TRO and didn't decide the case on the merits. It's entirely possible that states could still lose on the merits.
You mean the esteemed legal experts of this message board could be wrong?
Oh my gosh, I may get the vapors!
Posted on 2/4/17 at 9:46 am to Darth_Vader
quote:Not you in particular. But the board has gone melts since the judge ruled last night.
I melted? When? What are you talking about?
Posted on 2/4/17 at 9:53 am to gthog61
I don't really care about this ban one way or the other, but the amount of bad law being thrown around on here is immense.
TRO's against EO's aren't uncommon. DACA and DAPA were both hit with TRO's both program survives (not saying it is good, but this melt is crazy).
TRO's against EO's aren't uncommon. DACA and DAPA were both hit with TRO's both program survives (not saying it is good, but this melt is crazy).
Posted on 2/4/17 at 9:58 am to Darth_Vader
He should be disbarred.
Posted on 2/4/17 at 10:01 am to imjustafatkid
quote:
This can't be shown. If there was an intent to ban a specific religion, other countries would have been chosen.
It can be shown by running tape of Trump saying for months that he wanted to ban Muslims
Posted on 2/4/17 at 10:12 am to Darth_Vader
Been that way forever
Posted on 2/4/17 at 10:14 am to kingbob
Just because a judge rules in a way you don't like, that doesn't automatically mean they are overstepping their authority
Posted on 2/4/17 at 10:22 am to Darth_Vader
Yes. They can and do.
Until judges are held accountable through existing mechanisms or by public shaming and harassment, they will continue.
Until judges are held accountable through existing mechanisms or by public shaming and harassment, they will continue.
Posted on 2/4/17 at 10:36 am to Darth_Vader
quote:
Do judges just get to ignore the law and make it up as they go now?
Why yes yes they do. They have immunity. We seriously need to rein in the power of all judges
Posted on 2/4/17 at 10:37 am to the808bass
What law did he ignore? Please use actual legal citations to authority. People on this board really want the law to be what they think it is, but as Oscar Gamble said "they don't think it be like it is, but it do."
This post was edited on 2/4/17 at 10:37 am
Posted on 2/4/17 at 10:37 am to Darth_Vader
Yes. A federal judge is God. Just ask any of them.
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