U.S. appeals court upholds suspension of Trump travel ban

[Srikcir]

1 hour ago, Srikcir said:

Remember the case before the courts now is the Temporary Restraining Order on Trump's ban. It is not a court ruling on the merits of the ban. The US Supreme Court is unlikely to accept the ban for review before the case has been fully litigated in the District Court.

 

In the Court of Appeals Record is the government's answer to the Appeal Court's request for evidence of the government's claimed imminent attacks by people from the seven designed countries without the ban - (paraphrasing) the Court has no right to request such evidence as Presidential Orders are "unreviewable" by the courts.

 

The Courts decision says in part that such review is in the court's perview. But the bottom line is that the government's defense based on REAL merits (aka FACTS) was not yet developed. With as a minimum an incomplete court record of the merits of the government's position (vs. substantial evidence by the Defendent the State of Washungton and "Friends of the Court") and no District Court decision, acceptance of review of the Temporary Restraining Order is premature. Denial for review by the USSC automatically sends the legal issue of Trump's ban back to the District Court while sustaining the TRO.

 

Who knows? Maybe the District Court will rule in favor of the government? If not it will issue a Permanent Restraining Order against the ban as it was written in the Presidntial Order. Then that court ruling together with the Court Record can be forwarded to the Appeals process up through the USSC for review.

 

 

Should the case go back to the District Court for trial, expect discovery (including tweets, emails, phone calls) and testimony from Giuliani, President Trump and possibly President Obama, current and former Secretaries of State, Homeland Security and NSA Directors. Better than Thai soap operas!

[stander]

Republicans are now pushing to break up the liberal ninth circuit court which is the most reversed court in the country. Republican Senators Jeff Flake and John McCain have introduced legislation to “carve six states out of the San Francisco-based court circuit and create a brand new 12th Circuit.

http://www.foxnews.com/politics/2017/02/09/bill-to-split-nutty-9th-circuit-gains-momentum.html

[Ramen087]

3 hours ago, Somtamnication said:

Please resign. Mr. Trump. Get Arnold in that office. 

 

Arnold Schwarzenegger is prohibited by law to hold the Office of the Presidency. Birthplace, mate.

[stander]

President Trump can deny the Left their attempted power grab by rescinding this Executive Order and issuing stronger multiple replacements as stand alone orders.

[NanLaew]

1 hour ago, stander said:

The president needs to dump these refugees in Washington State. Obama routinely dumped them into heavily conservative areas, obviously to tip the voting balance in those areas. 

And refugees automatically get voting privileges? Right....

[NanLaew]

1 hour ago, pitrevie said:

And all these so called judges are probably from Mexico or have been on holiday there.

Or the really dangerous ones that admit they like Mexican food.

[craigt3365]

30 minutes ago, Srikcir said:

No.

The ruling applies to the ENTIRE order.

Trump can choose to re-write the order or amend the order in hopes of making it more likely to pass judicial review. But he might view such action as a defeat and Trump never loses! He has indicated he'll go forward on the current order - double down.

If he decides to go forward with this in the court, he should pay the legal fees for this ridiculous endeavor.

[NanLaew]

19 minutes ago, stander said:

Republicans are now pushing to break up the liberal ninth circuit court which is the most reversed court in the country. Republican Senators Jeff Flake and John McCain have introduced legislation to “carve six states out of the San Francisco-based court circuit and create a brand new 12th Circuit.

http://www.foxnews.com/politics/2017/02/09/bill-to-split-nutty-9th-circuit-gains-momentum.html

In other words right wing gerrymandering of part of the state legal system that respects the Constitution and refuses to follow their mantra.

[yardrunner]

3 hours ago, ezzra said:

This presidency position become a mockery

it is a mockery because Trump is a mockery of a president, he has continued as president the same way he did business, no wonder Scotland wanted to ban him when he was just a buisness man that tried to use improper pressure on Scots local government.

[stander]

In 2015, 80% of 9th Circuit's decisions were reversed. That's an 80% FAILURE rate. Total waste of time and money.

[klauskunkel]

3 hours ago, GinBoy2 said:

Twitter is as we speak, beefing up bandwidth, trembling, waiting in dreaded anticipation of the forthcoming tweet deluge from Twitter Central, aka the WH Presidential Bedroom.

 

Curious times we live in!

I wish there was an app that would visualize the foaming at the mouth and spray of spittle of the twittering Trump

[Gecko123]

2 hours ago, stander said:

Judges that refuse to actually follow the law and churn out opinions based on personal preference or political agenda are the very definition of corruption--part of the swamp needing drained.

 

"The Federal Appeals court upheld the suspension of President Trump's travel ban and argued that the government didn't show evidence that any alien from the seven barred countries had carried out an attack on U.S. soil." (Reuters)

 

Stander: The Federal Appeals court was "following the law" in requiring the government to provide evidence that the ban would actually help protect the safety of the American people, which it failed to do. The unanimous decision was scarcely based upon "personal preference or political agenda", but a fundamental tenet of the law, the need to support your case with evidence.

 

 

Edited February 10, 2017 by Gecko123

[jollyhangmon]

3 hours ago, tx22cb said:

These so-called Appeal Justices have made a Yuuuuge mistake. So unfair. I won't say that they are crooked (ha!). They have put American lives in Bigly danger.  They have worse intellects than 8 year-olds.  

Anyway, my travel ban just got 10 months longer, and the crooked media will pay for it.  Very SAD.  

 ... you're aware of the competition to be 'Second'? I trust you are, it's hilarious, it's huge, lot's of knock-offs on youtube already, here's the originals ... it's true, i can prove it.

 

 http://everysecondcounts.eu/ 

[aslimversgwm]

2 hours ago, Caps said:

What a complete chopper he is, fancy tweeting 'see you in court', how childish and how not like a President of a so called leading country of the world.  The clown is definitely leading the circus 

or have the lunatics really taken over the asylum? It appears so.

[alex8912]

1 hour ago, stander said:

This ruling only applies to visa holders and other specific categories (green card, refugee card). What happens when these expire? What if State Dept issues no more? What if Trump shuts it all off just to demonstrate his power? 

Courts and Dems hold losing hand. Trump has the Aces.

What if the sky falls? What if the taxi won't use his meter?.....

Have you ever thought "What if some real bad guys did not get into the USA over the last two weeks that were planning to?" Or "What if the President of the USA using Obamas list of terrorist countries knew something I didn't know?"  Or many many other what ifs. 

The ban is for 90 short days. Get over it for once and for all. 

[whaleboneman]

1 hour ago, stander said:

Judges ruled that TEMPORARY travel ban caused irreparable injury. Something TEMPORARY is NOT irreparable.

Really. If you had sold everything and were about to board a flight to your new home in America and at the last minute denied entry...how would that be repairable?

[ilostmypassword]

3 hours ago, stander said:

The Ninth Circuit is the most liberal court in the country, and is the most reversed court in the country. With an 87% reversal rate, these hacks aare obviously incompetent and should be impeached with a record like that.

Are you claiming that 87% of the Ninth Circuit's decisions are reversed? Really?

[DriveByTrucker]

52 minutes ago, stander said:

President Trump can deny the Left their attempted power grab by rescinding this Executive Order and issuing stronger multiple replacements as stand alone orders.

All of this to uphold the democracy I assume?

[Andaman Al]

2 hours ago, stander said:

Judges that refuse to actually follow the law and churn out opinions based on personal preference or political agenda are the very definition of corruption--part of the swamp needing drained.

yet now you are one who is probably concerned about a Supreme Court ruling being a 4-4 split because the 9th is not in place yet? And a 4-4 split is because of ...............Political Preference, that is why you want Gorsuch in place so that you feel comfortable with a 5-4 decision. What a complete Joke.

 

 

 

Edited February 10, 2017 by Andaman Al

[stander]

Fiallo v Bell already decided what will happen and who has power over immigration. https://www.law.cornell.edu/wex/fiallo_v._bell

[Andaman Al]

4 minutes ago, stander said:

Fiallo v Bell already decided what will happen and who has power over immigration. https://www.law.cornell.edu/wex/fiallo_v._bell

So should Trump also put out a blanket ban on anyone who is a bastard? Is that what your link says. Explain to us what you think the link says. I bet you have just picked up that link from infowars or from some other right wing nut job phone in talk show.

[Pib]

1 hour ago, stander said:

In 2015, 80% of 9th Circuit's decisions were reversed. That's an 80% FAILURE rate. Total waste of time and money.

 

No, the Circuit Courts made many more decisions that above.  Above only reflects the small percentage of circuit court cases which the Supreme Court decides to review.  

 

Each year 7,000 to 8,000 cases are filed with the Supreme Court for consideration, but less than 2% are accepted.   So above reflects the results of that 2% coming from the District Courts.   The Supreme Court usually only accepts cases which their initial review indicates there are actual constitutional  issues or possibly they feel the Circuit Court did make the wrong decision.

Edited February 10, 2017 by Pib

[stander]

 

2015 was not an anomaly.  Here is the Ninth Circuit's embarrassing reversal rate from 1999 through 2008:

 

Edited February 10, 2017 by stander

[Bluespunk]

All is not well in trumptopia.

 

Who'd have thought it eh...

[Andaman Al]

8 minutes ago, stander said:

 

 

2015 was not an anomaly.  Here is the Ninth Circuit's embarrassing reversal rate from 1999 through 2008:

 

Come on admit it, you don't know how this Supreme Court stuff works do you? You are so utterly desperate to defend the Orange one that you will grab at anything. The only good coming out of your endeavours to defend President Bannon is that maybe you will actually be learning some real bits of information (though you wouldn't admit them) while your fingers frantically press away in search of any Google gems that might support your tilted views.

[Pib]

 

[JemJem]

What if Trump issues another executive order similar to this one, in the near future, after that new guy starts work at the Supreme Court ?! Similar things would happen after the issue, but in the end, Trump would win at the Supreme Court.

 

 

[stander]

                                                                                                                                                                                                                                                                               President Trump will win in the end. In the mean time If even ONE terrorist attack happens in the future
the 9th Circuit OWNS it
The blood lies on the hands of a bunch of debased radicals
who sided against the safety of 330 million citizens
Because, wait for it...
Some foreign college students couldn't go to school

Edited February 10, 2017 by stander

[Andaman Al]

1 minute ago, JemJem said:

What if Trump issues another executive order similar to this one, in the near future, after that new guy starts work at the Supreme Court ?! Similar things would happen after the issue, but in the end, Trump would win at the Supreme Court.

 

 

I think Grosuch will prove to be a big disappointment to Trump and his pack of synapse challenged followers. Once he takes his Supreme court seat he is there for good and I do not think he will support the Orange one as much as people think at all.

[Andaman Al]

Just now, stander said:

President Trump will win in the end. In the mean time If even ONE terrorist attack happens in the future
the 9th Circuit OWNS it
The blood lies on the hands of a bunch of debased radicals
who sided against the safety of 330 million citizens
Because, wait for it...
Some foreign college students couldn't go to school

The safety of 330 million citizens being kept safe from 7 countries that have never threatened their safety. That all makes sense then. The person that will OWN it is Trump for starting the religious based argument in the first place. As I have said before, If Saudi, Egypt and the UAE were on the list then ok, but they are not, why not? Hell even the UK should be on the list before any of the 7 countries Trump is banning, didn't we send the 'underpant bomber'? So lets see a ban for Saudi, Egypt, UAE and UK if you want Trump to protect your security and see where we get to with the rest. And lets save 30K deaths a year in the USA by getting Trump to take all your guns off you - that will improve internal security. Oh but it's ok for Trump to trample on the Constitution until he might trample on that 2nd Amendment bit.

 

The key to all these problems and skewed thinking - Education! Oh but that's another story with Davos. Things just don't look good.