The Conservative Cave
Current Events => Breaking News => Topic started by: HAPPY2BME on February 05, 2017, 08:45:57 AM
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Appeals Court Denies Request To Immediately Stop Restraining Order Against Travel Ban, But Further Decision Pending…
You’ll see this being erroneously reported as them denying the travel ban. The appeals court judge is asking for the emergency motion against the Seattle judges restraining order to have written arguments, with opponents brief due today, DOJ’s brief due Monday afternoon. Likely decision Monday night.
Beyond the question of the travel ban is the greater question of the right of the executive branch to decided such matters in general and not to have that power usurped by the judicial branch.
WASHINGTON — A federal appeals court denied early Sunday the Justice Department’s request for an immediate reinstatement of President Donald Trump’s ban on accepting certain travelers and all refugees.
The 9th U.S. Circuit Court of Appeals in San Francisco instead asked challengers of the ban respond to the appeal filed by the Trump administration late Saturday night, and for the Justice Department to file a counter-response by Monday afternoon.
The Trump administration declared that a federal judge in Seattle overstepped his authority by temporarily blocking the ban nationwide. Now the higher court’s denial of an immediate stay means the legal battles will continue for days at least.
Acting Solicitor General Noel Francisco forcefully argued Saturday night that the president alone has the power to decide who can enter or stay in the United States — an assertion that invokes the wider battle to come over illegal immigration.
“The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control,” the brief says.
http://www.weaselzippers.us/323412-breaking-appeals-court-denies-request-to-immediately-stop-restraining-order-against-travel-ban-but-further-decision-pending/
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Can anyone explain the legal rationale for letting people from those 7 countries resume travel? I would certainly hope it's something based in actual law.
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Can anyone explain the legal rationale for letting people from those 7 countries resume travel? I would certainly hope it's something based in actual law.
Not a damn thing. This is 100% usurpation of the true powers of the Executive Branch by a liberal judge.
This order even has historic precedent which makes it double egregious.
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Not a damn thing. This is 100% usurpation of the true powers of the Executive Branch by a liberal judge.
This order even has historic precedent which makes it double egregious.
ok. Why didn't the appeals court overturn the stay?
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ok. Why didn't the appeals court overturn the stay?
It's the Ninth Circuit . . . :whistling: :whatever:
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It's the Ninth Circuit . . . :whistling: :whatever:
aka the Circuit that the SCOTUS uses as a whipping boy.
Aren't like 80% of their decisions overturned?
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Can anyone explain the legal rationale for letting people from those 7 countries resume travel? I would certainly hope it's something based in actual law.
It really is a coordinated effort among tech companies.
They are using the thin argument that they are being injured as a result of the travel order. You can't sue unless you can prove you are being harmed. I guarantee you, they coordinated this a long time ago and were just waiting... just look at the list of jerkwads behind this.. google, facebook, etc. There's big money backing and they shopped for the right court.
In the end, I personally believe it will get shut down, those companies have a plentiful pool of valid citizens to pick from for hires. But, we've all seen stuff far more stupid go through... who knows.
If we just look at the odds only, there's about a 70-80% chance this will get shut down by a higher court. That's the rate of rulings from the 9th getting overturned in the higher courts.
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It really is a coordinated effort among tech companies.
They are using the thin argument that they are being injured as a result of the travel order.
They shouldn't have built their business in the United States on the backs of non Citizens.