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Source: WH will likely fight travel ban ruling in Fed District Court in Seattle
Posted on 2/10/17 at 4:20 pm
Posted on 2/10/17 at 4:20 pm
No appealing Circuit Court decision and no emergency appeal with Supreme Court.
This was on Fox just now and the five was discussing it.
If that's true, that's the administration pretty much taking the long road through regular routes to the Supreme Court through district and the 9th and biding their time until Gorsuch is on the court.
It's a good strategy and I hope it happens.
This was on Fox just now and the five was discussing it.
If that's true, that's the administration pretty much taking the long road through regular routes to the Supreme Court through district and the 9th and biding their time until Gorsuch is on the court.
It's a good strategy and I hope it happens.
12
Posted on 2/10/17 at 4:22 pm to Sentrius
This is an indication there isn't going to be a fight at all. It's over.
Posted on 2/10/17 at 4:23 pm to Sao
You need to brush up on procedure.
Posted on 2/10/17 at 4:25 pm to Sentrius
That's the right thing. will there be a trial?
Posted on 2/10/17 at 4:26 pm to Sentrius
It might be nice to have a lawyer who is properly prepared next time.
Posted on 2/10/17 at 4:26 pm to BBONDS25
Bookmarked. This decision to fight on the district court level is merely batting practice, not the game. It's over.
Posted on 2/10/17 at 4:26 pm to Sentrius
I don't know that Gorsuch will be of that much help unless the Administration puts on some actual evidence to show that admission of this group of aliens would be detrimental to the United States. If they persist with the argument that courts are without jurisdiction to review executive action, Gorsuch will vote against this.
As has been well publicized, Gorsuch is an original interpretation guy. It has been established since the very first term of the Supreme Court that the constitution empowers the court to review executive action.
As has been well publicized, Gorsuch is an original interpretation guy. It has been established since the very first term of the Supreme Court that the constitution empowers the court to review executive action.
Posted on 2/10/17 at 4:26 pm to Sentrius
Trump never gets tired of losing in courts.
Trump university.
Mar-la-go.
Steaks
Trump university.
Mar-la-go.
Steaks
Posted on 2/10/17 at 4:27 pm to TBoy
quote:
has been established since the very first term of the Supreme Court that the constitution empowers the court to review executive action.
Welp, that's settles it.
Posted on 2/10/17 at 4:28 pm to baybeefeetz
Likely a mini one where they put on evidence. It won't be a full-blown jury trial or anything like that.
While it likely doesn't mean much as far as this particular EO, this long-game will set up for a significant test at the Supreme Court about how much power the executive has in immigration policy.
This is likely the right move. It lets them put on evidence that there is a significant security threat (contrary to what the judges have said so far) and that this was warranted. By the time that makes it up there, Gorsuch will definitely be on.
While it likely doesn't mean much as far as this particular EO, this long-game will set up for a significant test at the Supreme Court about how much power the executive has in immigration policy.
This is likely the right move. It lets them put on evidence that there is a significant security threat (contrary to what the judges have said so far) and that this was warranted. By the time that makes it up there, Gorsuch will definitely be on.
Posted on 2/10/17 at 4:28 pm to TBoy
What if the gov't has all kind of evidence but it is deemed classified. How do they submit that in a trial?
Posted on 2/10/17 at 4:28 pm to Sao
The game was taking the TRO to the Supreme Court? Arguing the merits is the batting practice?
Posted on 2/10/17 at 4:33 pm to BBONDS25
You're looking at this initial 90 day EO in the wrong way. This was a litmus test and they failed. The real goal wasn't 90 days, it was open ended. Fight the TRO where they want for all I care. This is an acknowledgement of concession. They'll rewrite and present a new idea down the line when the dust settles.
Posted on 2/10/17 at 4:33 pm to Janky
The government has always had the ability to submit classified intel.
Posted on 2/10/17 at 4:33 pm to TBoy
quote:
I don't know that Gorsuch will be of that much help unless the Administration puts on some actual evidence to show that admission of this group of aliens would be detrimental to the United States.
They don't need to as its solely within the President's authority to issue this travel ban according to the text of the law itself.
That should be the administrations argument and its one that conservative law scholars are repeating.
quote:
It has been established since the very first term of the Supreme Court that the constitution empowers the court to review executive action.
They also review what authority and discretion the president has under the law and it could not be any more crystal clear than it is in this case.
Posted on 2/10/17 at 4:35 pm to mahdragonz
Do the judges have security clearance to see the classified info?
Posted on 2/10/17 at 4:36 pm to Sentrius
Don't really give a shite, but after exhausting the 9th circuit and getting an 11 judge panel to decide for the plaintiff it will wind up even more embarrassing for the 9th circuit when they are overturned again at SCOTUS
Posted on 2/10/17 at 4:36 pm to Janky
quote:
What if the gov't has all kind of evidence but it is deemed classified. How do they submit that in a trial?
Good question. This is also one of the losing arguments that Trump attorneys made to the Ninth Circuit, which had no problem addressing it. Seems that Article III judges can have access to all of the same classified stuff that Article II presidents have access to. If there is any issue of national security or classified information, the evidence is presented under seal or for in camera review. In other words, it don't mean crap if the President says that the order is based on "all kinds of classified stuff" unless they also seek an order shielding the classified stuff from disclosure and make a classified showing of the classified stuff to the judge.
The Article II and Article III branches of government are equal.
Posted on 2/10/17 at 4:37 pm to Sentrius
This EO died last night.
It will likely be reborn again in a new EO next week.
It will likely be reborn again in a new EO next week.
Posted on 2/10/17 at 4:37 pm to Sao
you're dumber than a bag of shite
quote:just sit over there in the corner until somebody calls your name....if you do not hear your name called, then keep your mouth shut
his is an indication there isn't going to be a fight at all. It's over.
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