Kennedy needs to retire. Half of the SCOTUS needs to retire, for that matter.
It’s not even close, 9th circuit ruled correctly on immigration last time, and they will again.
If we lose, maybe Sessions should fire their staff, and sell their office building out from under them.
Most Americans -- including many Democrats -- are on Trump's side on this one.
What if Trump orders the head of DHS to enforce the ban regardless? The Dems will try to impeach him, which they’re going to do anyway, and let it all play out.
Excellent article. Thank you for posting.
This is an Uber depressing article ...
I fear that our Courts do not understand their role as arbiter of the law. They instead want to rule. How does President Trump nudge them back to their role and re-establish the balance and respective roles of the courts, executive, and Congress. We elected President Trump to change things, yet the court stands there and one judge thinks they have power to stop. Blood on their hands if anyone dies while they posture.
Isn’t it interesting how we all know how ALL of the liberal judges will vote on every single issue? Every one will be politicized and no matter what the law says EVERY Democrat appointed judge will be 100% in lock step with whatever the current Democrat position is. Every time. Yet we still act as if the courts are fair and impartial.
If the route of tyranny keeps being followed by the Left and the Judiciary, the only solution will ultimately be at the point of a bayonet and everyone will wonder how we got to that end game.
> “Still, you may get my drift if you think about the legal theory supporting Trump’s order, and then consider Kennedy’s majority opinion in favor of constitutional habeas corpus rights for alien enemy combatants in the controversial 2008 case of Boumediene v. Bush.”
McCarthy is comparing apples and bananas.
The Boumediene v. Bush case pertained to Habeas Corpus of prisoners held indefinitely in Gitmo. It merely allowed prisoners to PETITION for Habeas Corpus, not to be granted Habeas Corpus.
And if the court would grant Habeas Corpus, it followed that the prisoner would argue why they should be released and if such argument was successful, the prisoner would be released back to their home country or a country willing to take them.
What President Trump is doing is entirely different and his action is entirely separate from any Habeas Corpus challenges by 28 USC 2241 (e)(1) which means no court has jurisdiction over his decision.
And if SCOTUS with Kennedy should give stuff their middle fingers up America’s butt and decide against the President, then fine, all visas are revoked to and from countries the President specifies and to individuals on a case by case basis.
Should Kennedy lead the leftist dunces to take over the issuance of visas and by that, take over the international and foreign policy of the United States, then it’s time for President Trump to pack the frickin high court with some real nasty sonofabitch conservatives.
But even Kennedy is not so stupid. He along with Breyer might spend a night in a ranch house in Texas.
trump should take a page from FDR if they dont go his way threaten to add 3 more judges...see a switch in time saves nine.
Given the shakiness of appealing the order of this idiot leftist district judge (Robart) to the 9th Circus, and then on to the SC, I think an appeal should be engineered from a judge who will interpret the law, rather than legislate from the bench (example: Judge Andrew S. Hanen, Federal District Court in Brownsville, TX), which would be appealable to the 5th Circuit Court of Appeals, which at least has some justices who will follow the law.
If a favorable ruling was had from that court, then an appeal to the SC resulting in a deadlocked 4-4 decision would leave the decision from the 5th Circuit standing. The result would be conflicting rulings from different circuits, which is not unusual at all. That would allow enforcement of Trump’s EO in the states located in the 5th Circuit at least.
Clearing up the conflicting circuit court rulings would have to await the confirmation of Gorsuch. Such a partial interim victory might be the only hope at this time, with the four leftist judges on the SC and Kennedy as the wildest of wild cards.
SCJ decisions are like predicting the weather a week in advance.
If the projected weather looks bad then by weeks end it will be good.
And vise versa.
This is BS. Even the 9th semi follows the constitution. They will overturn Roberts insanely unconstitutional ruling.