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Today travel ban Appeals hearing will take us to the SCOTUS

Posted on 3/26/17 at 6:07 pm
Posted by Jjdoc
Cali
Member since Mar 2016
53436 posts
Posted on 3/26/17 at 6:07 pm
And because we have an infestation leading the Sen, Trump's nominee may not be confirmed.

What will be the backlash from the population if we see that happen?


This post was edited on 3/27/17 at 10:22 am
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 3/26/17 at 6:14 pm to
Who? What? What?

WTF
Posted by Jjdoc
Cali
Member since Mar 2016
53436 posts
Posted on 3/26/17 at 6:20 pm to
4th circuit will hear the appeal on the travel ban.

If the President wins, the left will seek the SCOTUS.

If the left wins, Trump goes to the SCOTUS
Posted by deltaland
Member since Mar 2011
90499 posts
Posted on 3/27/17 at 8:24 am to
He is saying the Dems will stall out Gorsuch nomination in the event that the travel ban reaches the SC
Posted by Bourre
Da Parish
Member since Nov 2012
20188 posts
Posted on 3/27/17 at 8:27 am to
Even if they stall, Trump will win at SCOTUS. Kagan, Alito, Thomas, Kennedy, Roberts would all side with the Federal government over the states
Posted by cahoots
Member since Jan 2009
9134 posts
Posted on 3/27/17 at 8:32 am to
If the original travel ban had gone into effect, there would only be one month left. By the time this goes to the SC, the administration will have had 3 months to come up with better vetting/immigration procedures. What is the point of pursuing this further? Maybe precedent, because it's certainly not national security any more.
This post was edited on 3/27/17 at 8:33 am
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 3/27/17 at 8:35 am to
I think the hearing is in May man. I could be wrong though.
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 3/27/17 at 8:55 am to
Doesn't matter. They have foreseen this and wrote the bill specifically to win unanimous in the SCOTUS.

SCOTUS will look at the written words of the ban AS IT IS WRITTEN. No other factors will be considered, like some stupid ducking far reaching play on words from speeches a year ago.

It's a slam dunk once in SCOTUS hands.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 3/27/17 at 9:11 am to
quote:

Doesn't matter. They have foreseen this and wrote the bill specifically to win unanimous in the SCOTUS.

SCOTUS will look at the written words of the ban AS IT IS WRITTEN. No other factors will be considered, like some stupid ducking far reaching play on words from speeches a year ago.

It's a slam dunk once in SCOTUS hands.
I think the "religious" ban argument is an easy win for the Trump administration, but I'm curious about this provision added in the amended Immigration and Nationality Act of 1965:
quote:

No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.
There seems to be two competing issues within the same law at hand.


Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 3/27/17 at 10:15 am to
How does nationality compete with place of residence? I do not see it.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67007 posts
Posted on 3/27/17 at 10:17 am to
Kagan ain't siding with Trump. Kennedy is dubious as well.
Posted by Jjdoc
Cali
Member since Mar 2016
53436 posts
Posted on 3/27/17 at 10:20 am to
quote:

I think the hearing is in May man. I could be wrong though.




It's today at 1:30pm
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 3/27/17 at 10:33 am to
quote:

How does nationality compete with place of residence? I do not see it.
They don't. I was pointing those out as possible points that could stand against the authority of the EO..
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 3/27/17 at 10:41 am to
quote:

It's today at 1:30pm


Where are you seeing that? Everything I've seen says May 8th.
Posted by Bourre
Da Parish
Member since Nov 2012
20188 posts
Posted on 3/27/17 at 11:03 am to
I don't think Kagan is as ideological as the other democrat appointed justices. She voted against Obama 51.5% of the time. She was the only democrat appointed justice to vote against Obama over 50% of the time. I think she is more reasonable than the other leftist who mostly vote based on ideology instead laws.

Supreme Court Justices’ Loyalty to the President
This post was edited on 3/27/17 at 11:05 am
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67007 posts
Posted on 3/27/17 at 12:36 pm to
True, but she was typically ruling against him for taking overbroad, executive action.
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 3/27/17 at 3:43 pm to
Oats not a ban in people who are nationals of that country. It's a ban of ANY people trying to travel here from the banned country.

Lets take Syria. A French guy cannot fly to the US from Syria. Not without going thru a country with strict vetting. Right?

So it's not blocking him because of his nationality, he's being block because he is flying from a country that has a travel ban on it for ANYONE travelling from there.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 3/27/17 at 3:47 pm to
quote:

Oats not a ban in people who are nationals of that country. It's a ban of ANY people trying to travel here from the banned country.
That may be a plausible winning argument; I'm just saying it's not as clear as your arguing.
This post was edited on 3/27/17 at 3:48 pm
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 3/27/17 at 4:17 pm to
quote:

That may be a plausible winning argument; I'm just saying it's not as clear as your arguing.


They planned on this going to appeals and the SCOTUS. That's why the restarted it, actually, it's the only reason. They made it in language that would have to be read that way by SCOTUS,

There isn't language in it about nationality or religious affiliation. And on top of that, we have CLEAR law stating the preside t can do this when deemed necessary. They CANT shoot it down as long as the law is there. That would mean we could never ban a country, ever, under any conditions.
And once it wins, he'll add other countries.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 3/27/17 at 4:18 pm to
quote:

There isn't language in it about nationality or religious affiliation. And on top of that, we have CLEAR law stating the preside t can do this when deemed necessary.
And a clear law that says he can't ban based on those specific categories, including place of residence.
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