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.
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.
Judicial coup!
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.
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.
The 9th did not just repudiate Trump, they also repudiated Obama and Congress.
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.
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.
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.
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.
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.
Coup
The day after the ruling, those judges should have had Federal Marshals in their offices handcuffing them.
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.