What does this article say in one sentence?
When judges don’t follow the law — there is no law.
The crux of the 9th circuit argument was based on their comment that Trump’s travel restrictions “ were full of animus”
In sum, the reason they gave for a random and totally improper grasp at removing immigration authority from Trump is: “we think he’s being mean!”
This how far the courts have fallen since progs took them over
Pure gobbledygook.
So, is this good, or more “lawyer speak”?
I wonder how many murdering terrorists have entered while our “public servants” have been screwing around?
Place a travel ban on ALL muzzies.
I hope the Antifas realize that if they force the country into martial law, the Constitution is suspended and all federal judges can go kiss Trump’s adz. We will have only state and local law. Can you find Texas on a map?
GOOD..!
Eric Posner is the son of United States Court of Appeals for the Seventh Circuit judge Richard Posner.
wtf is a Trump exception?
don’t tell me
“....unless he defies the orders of the judicial branch.”
It isn’t defying the judicial branch to perform his job as described by the ultimate law of the land. It is defying the constitution for the judicial branch to block the President from performing his duties as prescribed in the Constitution.
It’s long past time to straighten out whose job is whose, and whose job isn’t. If it requires some actions by the President the judicial branch doesn’t like, too bad.
If the original case of Kleindienst vs. Mandel concerned Ernest Mandel, then it needs a little background. I believe Nixon/Mitchell and the FBI wanted to keep Trotskyite Communist leader and theoretician Ernest Mandell from attending Trotskyite sponsored events in the US, esp. on college campuses.
The U.S. Trot party was the Socialist Workers Party (SWP) with its youth arm, the Young Socialist Alliance (YSA), and other fronts during the 70’s including the Student Mobilization Committee to End the War in Vietnam (I was a member for whatever that was worth), the National Peace Action Coalition (NPAC) (their half of the “Hanoi Lobby” movement (the other half being that of the Communist Party USA’s Nat. Mobe, New Mobe and then PCPJ, Peoples Coalition for Peace & Justice); and the Political Rights Defense Fund (PRDF).
Since the SWP was a covert and illegal member of the Trotskyite “Fourth International” of Trotskyite, which advocated the use of violence to overthrow capitalist countries, the U.S. govt tried to ban Mandel because he was an advocate of the 4th International’s policies.
For a great congressional hearing on the 4th International, the SWP and its fronts, try to find online the following:
“Trotskyite Terrorist International”, hearings, Subcom to Investigate the Administration of the Internal Security Act and other Internal Security Laws, Sen. Judiciary Committee, 94th Congress, 1st Session, July 24, 1975, p. 36, 38, etc.
Democrat communists and left-liberals including Barney Frank, Steny Hoyer,Ted Kennedy and Daniel Moynihan, in the late 1980’s, deliberately weakened the remaining powers of the Immigrational & Naturalization Act (Walter-McCarran Act section), that allowed the U.S. govt to prevent known communists and their supporters from entering the U.S.
The “L.A. 8”, which the Dems supported, undercut the “supporters” clause of these acts and allowed the openly announced supporters of the PFLP (Popular Front for the Liberation of Palestine), Marxist George Habash’s terrorist group, to sell the PFLP newspapers here and send the money back to the Middle East, or to carry out further propaganda operations in the US on their behalf.
I don’t remember if Mandel go into the U.S. after his case, but I know he was here at least for one tour. I missed him but took on the theoretician of the SWP, one of Trotsky’s friends, George Novack, at George Wash. Un in 1969. A pathetic little man who looked a bit like identified KGB/CPUSA member I.F. Stone.
THe SWP was very successful in restricting U.S. intelligence operations and agencies when they won (with the help of really stupid judges) their cases in the FBI COINTELLPRO affair. Several judges rejected the government’s evidence, much of which is in the SISS hearing, of the illegal ties between the SWP and the Fourth International, much like the judge in the LA 8 case refused to look at the ties between that group (mainly foreigners) and the PFLP which was on the U.S. terrorist groups list.
Just a little background, off the top of my head, but I was up to my neck in Trots back in the old days, and they were damned good ideological fighters.
If it weren’t for the very dedicated efforts of House Committee on Un-American Activities/House Internal Security Committee investigator/analyst (the late) Herbert Romerstein, none of this valuable information on the SWP and 4th International would have been made available to the public.
Herb also put related materials into the earlier studies on the “Young Socialist Alliance” study and several volumes of the hearings on the Hanoi Lobby in “National Peace Action Coalition (NPAC) and Peoples Coalition for Peace and Justice (PCPJ), 1971, Parts 1 - 4, esp. Part 4, July 20-22 and June 17, 1971 HISC, hearings, 92nd Congress, 1st Session.
Thought you might like to learn about what was behind the Mandel case, the COINTELLPRO lawsuits, and even the LA 8 case.
Nothing in law concerning internal security matters happens in a vacuum. The only vacuum there was existed in the heads of the judges in Missouri and New York who refused to look at the documentation about the SWP and its covert links to the 4th International and ruled against the government.
In saner courts, these judges would have been relieved of their duties because of stupidity and prejudicial blindness against the Government.
Tyranny of the black robes!
There is a reason the 9th Circus is the most overturned court. They always violate the law.
Trying to do a combination of a small extra delay, and pre-wipe some of the egg off their faces before SCOTUS overturns another of their asinine rulings?