Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Ninth Circuit’s Power Grab
National Review ^ | 2/10/2017 | The Editors

Posted on 02/10/2017 11:32:43 AM PST by b4its2late

The Ninth Circuit’s decision against President Trump’s immigration order is worse than wrong. It is dangerous.

To review, Trump issued an executive order blocking entry by refugees and aliens from seven Muslim-majority countries. The travel restriction is to be short-lived: a period of months while better vetting procedures are developed. The administration, moreover, did not pluck the seven countries from its allegedly anti-Muslim imagination. They were cited in a statute enacted by Congress and signed by President Obama, based on the richly supported conclusion that these countries — Iran, Iraq, Syria, Yemen, Libya, Somalia, and Sudan — are riven by anti-American jihadism, besides having governments that are either non-functional or implacably hostile to the U.S., rendering any efforts to screen their citizens uniquely difficult.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 9thcircus; immigration; judicialtyranny; middleeast; ninthcirclejerk; refugees; syria; travelban; trump
Navigation: use the links below to view more comments.
first 1-2021-25 next last

1 posted on 02/10/2017 11:32:43 AM PST by b4its2late
[ Post Reply | Private Reply | View Replies]

To: b4its2late

It isn’t a real power grab - it’s their way to help Chucky Schumer and company obstruct and delay the inevitable. They’re so used to being overturned that they know their “power” is fleeting.


2 posted on 02/10/2017 11:35:50 AM PST by trebb (Where in the the hell has my country gone?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: trebb
It IS a power grab. It IS a coup by the Judicial branch on what is SOLELY Executive branch authority.

It IS dangerous because it sets a precedent for courts stripping the Executive branch of its Constitutional authority.

Did we vote for a President as a mere figurehead? NO.

3 posted on 02/10/2017 11:40:23 AM PST by CivilWarBrewing (im)
[ Post Reply | Private Reply | To 2 | View Replies]

To: trebb

You’re right. When they lose, they get feisty and they also have prepped the courts for this time for the last 8 years. I can see why Harry Reid (that evil one) did what he did in the Senate by taking away the 60 votes for judges.


4 posted on 02/10/2017 11:41:05 AM PST by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: b4its2late
worse than wrong

Physicist Wolfgang Pauli sometimes declared things to be "not even wrong". This really describes bad science which is illogical and impossible to test for validation. Doesn't precisely fit for court decisions, but still ... great phrase.

5 posted on 02/10/2017 11:43:19 AM PST by ClearCase_guy (Abortion is what slavery was: immoral but not illegal. Not yet.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CivilWarBrewing
I guess it is a power grab in a way - but they already know they are on the losing end of the stick. All they can do is obstruct and delay and they know it.

Trump will be wearing them out with modified versions until the whole deal is finally settled - probably wants Gorsuch in SCOTUS before it gets to them.

6 posted on 02/10/2017 11:43:31 AM PST by trebb (Where in the the hell has my country gone?)
[ Post Reply | Private Reply | To 3 | View Replies]

To: b4its2late

Judicial coup!


7 posted on 02/10/2017 11:47:38 AM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
[ Post Reply | Private Reply | To 1 | View Replies]

To: b4its2late

The SCOTUS will reverse the 9th circus by a vote of 5-3 or better. They have ruled against Obama many times. Trump should request an emergency ruling based on national security.


8 posted on 02/10/2017 11:48:29 AM PST by New Jersey Realist (The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke)
[ Post Reply | Private Reply | To 1 | View Replies]

To: b4its2late

The hearing for the restraining order should ONLY have been about the merits of issuing a restraining order, NOT the merits of the EO. And there was NO merit to issuing the restraining order because the plaintiffs could hardly prove standing and didn’t at all prove irreparable harm. Talk about a circus featuring kangaroos in the court. The whole thing is wrong.

The big issue here is the Constitution mandates the feds prevent invasion (Art IV, Sec 4) and that mandate trumps a restraining order, regardless of its validity.

Trump should cite the constitutional mandate (and the errors in this proceeding) in a notification that he will proceed with the EO pursuant to Constitutional law and federal statute.


9 posted on 02/10/2017 11:48:30 AM PST by Jim 0216
[ Post Reply | Private Reply | To 1 | View Replies]

To: b4its2late

The 9th did not just repudiate Trump, they also repudiated Obama and Congress.


10 posted on 02/10/2017 11:48:36 AM PST by joshua c (Cut the cord! Don't pay for the rope they hang you with.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: b4its2late

Although I have little confidence in the GOP’s having the stones to do anything so bold, Congress could quickly checkmark the nutty 95th by establishing a new article III court to hear all immigration, naturalization and citizenship cases, and reassign all pending such cases to that court, which can have been staffed with a new crop of Trump appointed judges, selected with an eye to finding jurists inclined to derive their decisions from the law and the constitution instead of the “thinking” of La Raza, MSNBC, and Saturday Night Live.

Congress under Thomas Jefferson created a new article III court and reassigned pending cases. In that case, they even dissolved the previous court, leaving the judges on the defunct court without a job, notwithstanding their supposed lifetime appointments. The Supreme Court upheld the action (Stuart v. Laird, 1803).

While I doubt that Congress would want to, or even get away with it if they did, imagine the reaction of the loony left if Congress threatened to disolve the 9th and reassign all pending cases to a newly established and suitably staffed court of appeals. They’d go bat-s**t crazy.


11 posted on 02/10/2017 12:12:23 PM PST by Spartan79 (I view great cities as pestilential to the morals, the health, and the liberties of man. Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Spartan79

“checkmark” = “checkmate”. I swear, I think Soros’ minions have taken over autocorrect.


12 posted on 02/10/2017 12:15:30 PM PST by Spartan79 (I view great cities as pestilential to the morals, the health, and the liberties of man. Jefferson)
[ Post Reply | Private Reply | To 11 | View Replies]

To: b4its2late

I honestly think (no tin foil wrapped around my head), that thier ruling was an outright declaration to secede from the United States ala South Carolina’s Declaration of the Immediate Causes in 1860.

States and cities who support the 9th’s ruling, and declare they are sanctuary cities/states have said they will not follow the laws of the US. That being said, ala the South in 1860, they are no longer part of the USA.

On one hand, you could say this is an argument of state’s rights vs the federal government. But when the State of Arizona tested that a few years ago with their own immigration laws under state’s rights, the courts ruled against them as NOT having the power to regulate immigration. Only the Feds have that power.


13 posted on 02/10/2017 12:17:41 PM PST by llevrok (A group of baboons is called a "congress.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: joshua c
The 9th did not just repudiate Trump, they also repudiated Obama and Congress, the Constitution, and We The People of the United States.

There. I expanded your thought to the genuine limits on their expansion of this Left-wing judicial tyranny.

This needs to be put down quickly and hard - or the United States will no longer be a Constitutional Democratic Republic, answerable to the law and the people!

14 posted on 02/10/2017 12:19:25 PM PST by Gritty (Journalism is about covering important stories. With a pillow, until they stop moving. - Iowahawk)
[ Post Reply | Private Reply | To 10 | View Replies]

To: b4its2late

Donald Trump knows what he is doing. He is maneuvering and inducing the other side to make moves such that he will get what he wants and it will be more than reinstating this particular EO. They are constructing their ballistae to knock down the walls while his sappers have already tunneled under it.


15 posted on 02/10/2017 12:29:07 PM PST by arthurus
[ Post Reply | Private Reply | To 1 | View Replies]

To: b4its2late

According to these judges

Washington and Minnesota are likely to succeed, even though alleged injuries are not particularized and even though law and judicial precedent does not support them.

The United States are not likely to succeed, even though law and judicial precedent supports them.


16 posted on 02/10/2017 12:31:12 PM PST by Ray76 (DRAIN THE SWAMP)
[ Post Reply | Private Reply | To 1 | View Replies]

To: b4its2late

According to these judges

Washington and Minnesota are likely to succeed, even though alleged injuries are not particularized and even though law and judicial precedent does not support them.

The United States are not likely to succeed, even though law and judicial precedent supports them.

They never even address the statute cited as authorizing the EO.

These so-called judges are political hacks. Their action endangers the lives of Americans.


17 posted on 02/10/2017 12:42:01 PM PST by Ray76 (DRAIN THE SWAMP)
[ Post Reply | Private Reply | To 1 | View Replies]

To: b4its2late

Coup


18 posted on 02/10/2017 12:43:46 PM PST by Java4Jay (The evils of government are directly proportional to the tolerance of the people.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: b4its2late

The day after the ruling, those judges should have had Federal Marshals in their offices handcuffing them.


19 posted on 02/10/2017 12:51:02 PM PST by Little Ray (Freedom Before Security!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: b4its2late

The federal courts need to be reined in hard. One way is to strong arm Trump conservative appts to the many vacant court seats that are currently out there. They can all be filled with a simple majority vote. Splitting the 9th Circuit into two districts is another way to help.


20 posted on 02/10/2017 12:58:31 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-25 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson