Posted on 02/05/2017 5:53:17 PM PST by bobsunshine
President Donald Trump has very strongly criticized the decision of a federal judge in Seattle who issued a temporary restraining order [TRO] covering his new executive order [EO] regarding immigration.
This order, and others like it relating not only to refugees but also, for example, to Obama’s order granting semi-permanent residency status to millions of illegal aliens (halted by the 5th Circuit), raise several legal concerns which cry out for correction since they are likely to get even worse in the future.
...snip..
Here’s why I think Robart’s ruling is wrong:
FIRST, it’s doubtful that a state (in this case Washington) has standing to raise legal and other constitutional claims on behalf of its own citizens (parens patriae), much less on behalf of non-citizens in other countries seeking to enter the U.S.
(Excerpt) Read more at lawnewz.com ...
I think it was appropriate for Trump to call Robart a so-called judge. Robart acted outside of his judicial authority and outside the long-standing Constitutional law which gives immigration authority to the executive and the congress.
Since Robart acted lawlessly, he should be addressed as a lay person who is calling himself a judge, thusly a so-called judge.
If the judge had not made pronouncements with no basis in law then he would not be ridiculed. He deserves it.
I’ll go further. Robart is bringing disrepute on the court. He has abused the authority of the court by issuing orders having no basis in law.
Indeed, as the Ninth Circuit (which includes Seattle) has held, “that statute specifically grants the President, where it is in the national interest to do so, the extreme power to prevent the entry of any alien or groups of aliens into this country as well as the lesser power to grant entry to such person or persons WITH ANY RESTRICTION on their entry as he may deem to be appropriate.” [emphasis added]
Since it is temporary, it will be over soon.
Fake judge.
Very good analysis, including why Trump should not have personally attacked the judge.
This ruling is OUTRAGEOUS by a “so called”n GOPe judge.It will be crushed into ashes very soon. It is totally based on this premise—that NON ADMITTED Aliens are “citizens” of our Sovereign NATION under the constitution. That is absurd crap!!Obama was not for the rule of law!! So to hell with these judges!!
FIRST, it’s doubtful that a state (in this case Washington) has standing to raise legal and other constitutional claims on behalf of its own citizens (parens patriae), much less on behalf of non-citizens in other countries seeking to enter the U.S.
Its claim of “injury in fact,” required by the Constitution for legal standing, is highly speculative and far from direct, and in part involves the actions of third parties which make achieving legal standing even more problematic.
Arguing that the EO is “separating Washington families, harming thousands of Washington residents, damaging Washington’s economy, hurting Washington-based companies, and undermining Washington’s sovereign interest in remaining a welcoming place for immigrants and refugees” sounds quite conjectural, and contrary to established precedent for establishing legal standing.
By the way, I know something about legal standing, since I put together one of the leading Supreme Court cases on environmental standing [SCRAP], was granted standing to force an attorney general to seek a special prosecutor, achieved standing to force broadcasters to provide free time for antismoking messages, was able to bring a law suit – over the objections of the state of Maryland – which forced Spiro T. Agnew to repay the money he took in bribes, etc.
SECOND, a long line of cases, under what is called the Plenary Power Doctrine, makes it plain that many constitutional protections do not apply to foreign citizens outside our boarders.
That’s in large part why my detailed legal analysis concluded that even a complete and total ban on admitting any and all Muslims would be constitutional, since they do not enjoy the protection of the Equal Protection Clause which generally prohibits discrimination on the basis of religion.
THIRD, the U.S. has banned – or at least delayed the entry of – foreigners on the basis of nationality many times, including decisions by President Jimmy Carter and others. It would be hard to conclude that all of these prior actions were unconstitutional.
FOURTH, the President has clear statutory authority under 8 USC 1182(f) which provides that “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.” [emphasis added]
Indeed, as the Ninth Circuit (which includes Seattle) has held, “that statute specifically grants the President, where it is in the national interest to do so, the extreme power to prevent the entry of any alien or groups of aliens into this country as well as the lesser power to grant entry to such person or persons WITH ANY RESTRICTION on their entry as he may deem to be appropriate.” [emphasis added]
BY THE WAY, since the president, instead of simply banning entry, may in the alternative impose “any restrictions he may deem to be appropriate,” Trump may want to consider doing what Germany is about to do, and Norway is considering: instead of banning people who cannot be completely vetted, he could simply require them, as a condition of entry, to wear ankle bracelets to permit them to be inexpensively and effectively monitored around the clock by using GPS.
Do the merits matter with the 9th? There are something like 17 Rats & 7 republican appointees on that court.
No.It is a communist cell. It is referred to as the “9th circus”. It is a cabal of leftists anti -AMERICANS and will be cleaned out in 4 years. We have over 100 federal court appointments !!! vacant!!.That is huge!! Harry dumb assed Reid used the NUKE on those so we WILL get our judges in with 51 votes!! Easy because 15 Democrats are in states that Trump CRUSHED!!
Respect is a two way street. The judge disrespected law enacted by our representatives. And in this case he endangers every person in the U.S.
Ankle bracelets are a ridiculous idea. They’re not supposed to be here.
I’m sure the entire membership of the Federalist Society, not to mention the legal talent in the government, are working out the arguments against this travesty, and the many possible ways to correct it.
I never could have imagined that an appointed judge could completely overturn the entire executive branch of our government and the results of a national election.
the guy who wrote this, does he know the difference between borders and boarders? I am sick and tired of this simple mistake...
...SECOND, a long line of cases, under what is called the Plenary Power Doctrine, makes it plain that many constitutional protections do not apply to foreign citizens outside our boarders.....
Excellent point, Ray. If the 9th Circuit doesn't slap this fool down, the whole federal judiciary will look like disreputable scoundrels.
Right. When Arizona wanted to enforce our immigration laws, because Obama wouldn't, Obama filed suit against Arizona and eventually won when the Supreme Court ruled that immigration is the task of the federal government, not a state or other governments. This judge's ruling is completely backwards from that precedence.
The SCOTUS is horrible enough with making up $hit.
I'm stunned that they would in any way accept on general principles some "upstart" usurping their authority.
"Hey, only WE can make up laws, not some punk-ass WA judge!'
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