That's a tough call, SCOTUS is split right down the middle and Trump just appointed a judge that slants it potentially in his favor. Worse yet if he feels some sense of loyalty to the president. The new judge is a 'strict' constitutionalist so Trump could be in for a surprise.
Trump delivers again; bans immigration from 7 Muslim countries.
- Thread starter Greenie
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That's a tough call, SCOTUS is split right down the middle and Trump just appointed a judge that slants it potentially in his favor. Worse yet if he feels some sense of loyalty to the president. The new judge is a 'strict' constitutionalist so Trump could be in for a surprise.
It's far from clear to me how a single district court judge can bar application of a Presidential directive for the entire country. He could perhaps invalidate it for the actual parties to the lawsuit or within his district, but applying it nationally seems seriously overbroad.
I would advise Trump he is under no duty to respect this order. This judge would appear to be a good candidate for impeachment proceedings to send a message to other would-be judicial tyrants.
It is the power of the rule of law which has been exercised repeatedly in recent years. Some of Obama's orders to defer transportation of aliens have been blocked in the same way. On one occasion his order was found unconstitutional by a single Judge in Texas. Transgender orders have been blocked by single district judges.
In America a single Judge, if he or she concludes an executive order to be unconstitutional or unlawful even when applied to people around the world, does have the power to block. The Founding Fathers made it that way for good reason that no one, including a President, shall ultimately be above the law. Without this recourse to law with one supreme head of state, there would in all intents and purposes be an unimpeachable ruler.
Lower courts are disagreeing about whether this executive order is illegal and unconstitutional. A Judge in Boston decided it is not unconstitutional because of the security interests of the US, although it is still to be shown how those features of the order have anything to do with actual security as it applies to valid full visa holders, other than in an apparent hysterical stoking of fear.
However there also remain a series of core Statutory and Constitutional challenges to do with violation of the prohibition of wrongful discrimination on religious grounds, as it seems to be favoring Christian refugees, and an unconstitutional classification based on alienage. As there are no real or actual terror threats being made by any of the counties listed and therefore it is unlikely to accomplish any of its purpose.
The Washington Judge has concluded there is a high chance the ban is unconstitutional, so if Trump cannot change the Court's mind at a hearing on Monday, an appeal can be made to the 9th circuit Federal Appellant Court. There are other States which have found the order to be in violation of the law and some that don't, so it can eventually be taken to the Supreme Court but by then, the ban which is a temporary one will have expired anyway.
Trump has already scaled the order back so in any case it does at the moment have all the hallmarks of an ill thought out move done in haste without consideration to the due process of law.
In my opinion you should better temper what you call for. Without the rule of law being respected by everyone, including and especially presidents who want to bring about radical changes, you get tyranny.
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Immigration is under the sole authority of the president under the constitution
This judge didn't cite what Chapter and verse which denies the president that right. Nor did this judge cite chapter or verse which gives him authority over the executive to block enforcement of presidential orders.
Fox News cited law which gives the president near total authority to block any category of persons from entering the United States if deemed a security threat.
Think about how ludicrous the judges decision. Judges now say America and the president have no authority to control immigration.
It won't fly. The judge was a bush appointment. Same bushes trump destroyed politically. Could be payback etc
Trump. Has to step up quick. That all agencies followed in line with the judges order is very strange to me
This judge didn't cite what Chapter and verse which denies the president that right. Nor did this judge cite chapter or verse which gives him authority over the executive to block enforcement of presidential orders.
Fox News cited law which gives the president near total authority to block any category of persons from entering the United States if deemed a security threat.
Think about how ludicrous the judges decision. Judges now say America and the president have no authority to control immigration.
It won't fly. The judge was a bush appointment. Same bushes trump destroyed politically. Could be payback etc
Trump. Has to step up quick. That all agencies followed in line with the judges order is very strange to me
Berkeley police arrested zero rioters, which tells us whose side the police are on
Judge Who Blocked Trump's Immigration Order Was Praised for Representing Refugees
The praise came during his confirmation hearings.
Federal judge [Robart] declares ‘black lives matter’ during hearing over Seattle police reform
UC Berkeley Thug Who Beat Conservative and Bragged About It Online – Is University Staff Member
Judge Who Blocked Trump's Immigration Order Was Praised for Representing Refugees
The praise came during his confirmation hearings.
Federal judge [Robart] declares ‘black lives matter’ during hearing over Seattle police reform
UC Berkeley Thug Who Beat Conservative and Bragged About It Online – Is University Staff Member
Achilles must be absolutely fuming right now. He can't even speak, he is currently undergoing some serious seizures.
Well @AAAintheRustbelt, what can we say? That we are glad that you are not advising Trump?
Well @AAAintheRustbelt, what can we say? That we are glad that you are not advising Trump?
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Chapter and Verse? Lol, this is absolutely hilarious. I will write a tweet to let the judge know that he must cite all the chapters and verses to satisfy an anonymous Internet troll.
You just got back from mass and stopped by the bar on the way home?
You just got back from mass and stopped by the bar on the way home?
So, as you can see this is all theater. A paper president who virtually represents less than half of all Americans while society just continues to run its course. You are just dreaming Trump is in power and he himself dreams as well. Nobody actually cares about the president other than less than half the people on the Internet.