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

Posted on 2/10/17 at 8:27 am to
Posted by MFn GIMP
Member since Feb 2011
22699 posts
Posted on 2/10/17 at 8:27 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?


No they said that there have been no terrorist attacks in the United States perpetrated by anyone from one of these 7 countries. It completely ignored that 60 some-odd individuals from those 7 countries had been convicted of terror related actions in the United States. A fact that was submitted to the court by the administration.
Posted by oklahogjr
Gold Membership
Member since Jan 2010
40237 posts
Posted on 2/10/17 at 8:28 am to
quote:

Kinda like that law he wrote on droning American citizens without due process?

No that's it's whole own fricked up mess.


This would be more like the time Obama stopped taking refugees for 6 months instead of doing it the silly way like Trump he did what he could that was actually within his authority.
Posted by Damone
FoCo
Member since Aug 2016
32966 posts
Posted on 2/10/17 at 8:29 am to
quote:

This would be more like the time Obama stopped taking refugees for 6 months

That's because he did it without telling anyone. The press didn't even find out until it was basically over. And it was never given any scrutiny whatsoever.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112032 posts
Posted on 2/10/17 at 8:31 am to
quote:

but it is not the Court's job to rewrite the Executive Order to make it Constitutional


Unless it wants to - Chief Justice John Roberts
Posted by GurleyGirl
Georgia
Member since Nov 2015
14394 posts
Posted on 2/10/17 at 8:34 am to
Most overturned circuit. What we need is a competing case that cites damages due to immigration of criminals and a supporting ruling by another Circuit Court of Appeals.
Posted by oklahogjr
Gold Membership
Member since Jan 2010
40237 posts
Posted on 2/10/17 at 8:34 am to
quote:

That's because he did it without telling anyone. The press didn't even find out until it was basically over. And it was never given any scrutiny whatsoever.

It's all about the scope. Obamas action didn't get publicity because the scope was only on new visas. And never haulted all immigration from these countries. Trumps was a blanket overnight stop on immigration green card holder or not.
This post was edited on 2/10/17 at 8:35 am
Posted by AUbused
Member since Dec 2013
7827 posts
Posted on 2/10/17 at 8:37 am to
quote:

Here's the thing. If our vetting process is flawerd, the existence of a visa for someone doesn't mean they've been vetted. So his was still a rational decision to make.


Thats valid logic but it doesn't really address the legality of the EO does it? Additionally, its hard for me to lend and weight to an argument that this EO is about a dire threat given the conspicuous lack of countries in the ban list from which terrorist have actually entered the country.

Im not saying the list of 7 aren't valid at all, but that if we're talking about motivation it should have been expanded drastically to be consistent .
Posted by Y.A. Tittle
Member since Sep 2003
109451 posts
Posted on 2/10/17 at 8:37 am to
quote:

It's all about the scope. Obamas action didn't get publicity because the scope was only on new visas. And never haulted all immigration from these countries. Trumps was a blanket overnight stop on immigration green card holder or not.


There was nothing in the 9th Circuit ruling to indicate "scope" had anything to do with the decision.
Posted by buckeye_vol
Member since Jul 2014
35371 posts
Posted on 2/10/17 at 8:37 am to
quote:

the MOST reversed appellate court in the federal judiciary
I think the raw totals are a result of the large population--which is almost twice the size of the next largest district--and the sheer volume if cases.

Interestingly, the 9th Circuit has a lower reversal rate than 4 of the other circuits; although it's higher than those districts when you add vacated decisions as well.

SCOTUS Judgements by District
Posted by AUbused
Member since Dec 2013
7827 posts
Posted on 2/10/17 at 8:39 am to
quote:

There was nothing in the 9th Circuit ruling to indicate "scope" had anything to do with the decision.


The frick? The vast majority of the decision was surrounding scope of due process to visa, green card holders, and illegal immigrants on US soil in my understanding.
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 2/10/17 at 8:40 am to
Pity reply because you know nobody's gonna read a debunking on page 5
Posted by Damone
FoCo
Member since Aug 2016
32966 posts
Posted on 2/10/17 at 8:44 am to
quote:

although it's higher than those districts when you add vacated decisions as well.

That's a pretty big factor, considering a vacate ruling by SCOTUS guts the entire decision by the court of appeals.
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 2/10/17 at 8:45 am to
Math is hard.
Posted by the808bass
The Lou
Member since Oct 2012
124866 posts
Posted on 2/10/17 at 8:46 am to
quote:

Thats valid logic but it doesn't really address the legality of the EO does it? Additionally, its hard for me to lend and weight to an argument that this EO is about a dire threat given the conspicuous lack of countries in the ban list from which terrorist have actually entered the country.


The court presumes that the visas are all legitimate. That's the problem with them asking questions about previous terror attacks from visa holders from those countries. They are saying we have a process that is working and you disrupted it.

Not completely irrelevantly, they seem to argue we have to let a terrorist attack happen before we can restrict visas.
Posted by UFMatt
Proud again to be an American
Member since Oct 2010
12777 posts
Posted on 2/10/17 at 8:47 am to
All they did was delay the inevitable. Waste of time and taxpayer money.
Posted by the808bass
The Lou
Member since Oct 2012
124866 posts
Posted on 2/10/17 at 8:47 am to
I want to affirm your usage of the alternate spelling of judgment.
Posted by Knight of Old
New Hampshire
Member since Jul 2007
12513 posts
Posted on 2/10/17 at 8:48 am to
I'm not a lawyer but it would take a pretty dim bulb not to see how absurd this ruling is.

That said, the Trump Administration should just re-write the order to address those with valid papers t make it bullet-proof and move forward...
Posted by Turbeauxdog
Member since Aug 2004
24073 posts
Posted on 2/10/17 at 8:49 am to
quote:

ity reply because you know nobody's gonna read a debunking on page 5


How the hell is that a debunking ?
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
85787 posts
Posted on 2/10/17 at 8:53 am to
quote:

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



Why do you think this is true?
Posted by uway
Member since Sep 2004
33109 posts
Posted on 2/10/17 at 8:54 am to
quote:

No but when constitutional rights are allegedly being violated t


Whose constitutional rights?
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