Posted on 02/12/2017 9:13:00 AM PST by MaxistheBest
Tell #1: When The 9th Circuit Cannot Even Cite The Most Important Law On The Subject
The Constitution delegated expressly to Congress the right to control immigration. Congress in turn gave broad power over immigration to the President. This statute was the cited basis for Trump’s foreign entry ban on select countries. Guess how many times the 9th Circuit even mentioned this statute? Zero! This shows the 9th Circuit knew they had no answer for the law. Instead, they pretend this key law doesn’t exist. Just reading the law exposes why the 9th Circuit hid it....
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Tell #2: When The 9th Circuit Keeps Citing LOSING Opinions As Their Evidence
The second cue was the 9th Circuit’s novel and unsupported extension of standing to states on behalf of people who are neither residents nor citizens of those states, or of any state! The corollary unprecedented act was saying due process rights extend to foreigners in foreign lands. Every major case on this issue, cited in detail by the Boston federal judge, says no such rights exists. Access to America has always been a privilege, not a right. Instead, the 9th Circuit relies on the losing opinions from a range of cases, called “dissents” or minority “concurring” opinions which are NOT precedent. The 9th Circuit cites these losing opinions over and over, a strong tell they know they hold a bad, losing hand on the law.
Tell #3: When No One Will Even Sign The 9th Circuit Opinion Under Their Own Name
No judge would sign this 9th Circuit opinion. Per curiam opinions usually show up in non-controversial cases, not a case like this. When nobody wants to be the author of an opinion like this, it’s a tell that nobody wants to be held responsible for “authoring” this opinion. It really is that bad.
Tell #4: When The 9th Circuit Fails To Even Address Most of the Cases Cited By The Leading Recent Opinion on the Topic
A Boston federal judge detailed the 200+ years of precedent supporting Trump’s order. How does the 9th Circuit address these precedents? Ignore almost all of them. In a trial, when you hide from all the other side’s best evidence, it is a sign you know the other side is right.
Tell #5: When A Fellow 9th Circuit Judge Sua Sponte Says The Decision Needs To Be Undone
En banc review — where all of the judges of a circuit weigh in — is very rare. Even rarer is a judge, sua sponte, on his own, without either side requesting it, demanding such a review. A judge on the 9th Circuit was bothered by the opinion so badly, they demanded the whole en banc panel review. Some judges on the 9th circuit clearly still value being seen as good jurists, not as politicians playing to the peanut gallery.
The 9th Circuit opinion reads like a desparate brief from the losing side of an argument where the writer knows the law is against them. An old trial lawyer’s adage goes, when the facts are on your side, pound the facts; when the law is on your side, pound the law; when neither law nor facts is on your side, pound the table. There was a lot of table pounding by the 9th Circuit, and that may be the biggest tell of all that they know they are wrong on the law, and Trump is right.
This was obstruction. Pure and simple.
Time to put these nut cases on notice.
exactly!
Sua Sponte is a wise Latina.
Perhaps a little background on the three judges who decided the case would help us understand what happened. Here is a video of them in action.
https://www.youtube.com/watch?v=x0CH3ptfW4g
See the link in #35.
Sorry. #45.
All they needed to do was read the law passed in 1952!!!!
1952 Immigration and Nationality Act, a.k.a. the McCarran-Walter Act (An act to revise the laws relating to immigration, naturalization, and nationality; and for other purposes)
The three judges should be impeach, convicted, indicted, tried, convicted, and sentenced to hang for giving aid and comfort to the enemy. And let them rot off the noose to give people time to parade by and spit (or whatever) on their carcasses.”
I would like to get rid of the lawless Judge Robart and our lawless Washington state AG Ferguson as well. Throw in Amazon’s jubilant attorney Zapolsky as well.
Actually I thought it was really stupid of Bezos to let Zapolsky bray out his glee about this illegal TRO. Bezos is going to have enough trouble with Trump when he gets sued for antitrust without letting his team stir the hornet’s nest.
That total pompous ignoramous Chris Wallace actually just said "... a federally funded independent group..."
with a straight face!
Sometimes, not often, but sometimes, I envy alcoholics.
Examples of OUR judges legislating from the bench. I know democrats do it... I got the impression you thought we were as vile as the democrats... which is not the case yet.
I’m hoping we start appointing judges who will ‘find’ stuff inn the Constitution that pushes our ideas even if it fails in every vote done in the county. Kind of like Liberals did with gay marriage.
We have to play by the same rules and if they if their corrupt judges want to legislate - and we can’t stop them - then WE SHOULD DO THE SAME.
And here's a way to fix this for a long time: 1) Split the 9th into 2 or 3 districts,
2) assign existing judges to the most inconvenient district, forcing them all to move or commute.
We should get more than a few resignations out of that move....without adding judges, or contentious impeachments.
This is a common ploy for environmental regulation to become de facto law.
Make a regulatory proposal which an environmental organization challenges in a Federal Court, fight to lose such that the court makes rulings directing regulations be modified to accommodate plaintiffs, presto—force of law!
" No judge signing their ruling though is very telling for sure. That omission shouldn't spare them facing the consequences. Like I said though, they do not fear the Republican control of both Houses of Congress because they know both leaders are weak sisters. >
And that is extremely depressing to me and I am sure to President Trump!
Add “socialized medicine”
I call them the #OppoMedia
I have concerns regarding Trump’s current appointee...is he just masquerading as a Constitutional judge?
Why do you have concerns about Trumps pick???
The 9th Circus should be broken up.
It has been a fluster cuck for years.
Sounds like the law of the old WEST!!
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.