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Trump administration files Supreme Court appeal after Ninth Circuit ruling halting new asylum policy
Fox News ^ | December 11, 2018 | Gregg Re

Posted on 12/11/2018 5:13:06 PM PST by jazusamo

The Trump administration on Tuesday formally asked the Supreme Court to block a nationwide ban on the administration's new asylum policy that was unilaterally instituted by a Ninth Circuit Court of Appeals judge last month.

In a November news conference days before the midterm elections, Trump had vowed to turn away all asylum seekers who attempt to cross the border illegally instead of properly presenting themselves at ports of entry.

The president, who has long said the asylum process is rife with fraud, said the emergency policy was necessary as the leading Central American migrant caravan approached the U.S. border with Mexico.

However, U.S. District Judge Jon S. Tigar, who was nominated by President Obama in 2012 to the U.S. District Court for the Northern District of California, issued a temporary restraining order two weeks later that brought a halt to the plan.

Last week, a separate federal appeals court in San Francisco said the ban was inconsistent with federal law and represented an attempted end-run around Congress.

But, the Trump administration said in court papers filed Tuesday that the nationwide order preventing the policy from taking effect "is deeply flawed" and should be lifted pending an appeal that could reach the high court.

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


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: 9thcircuis; 9thcircuit; aliens; asylum; asylumpolicy; blackrobedclown; classactionfodder; clownbammyjudge; dncjudicialactivist; donaldtrump; fedjudgepresident; freislerism; iampresidentacus; illegalaliens; jailforjudges; juckthefudge; judgetigar; ninthcircuit; ninthcircus; nuttyninth; obamajudge; presidenttrump; roguelist; rolandfreislerseal; scotus; scotusappeal; skidmarkjudge; supremecourt; thelawisinmymouth; theskidmarkjudge; trump; unfitforthebench
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To: Electric Graffiti

Interesting. So who is the “final arbiter of the law” if not the courts?


21 posted on 12/11/2018 7:08:05 PM PST by Lakewood
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To: jazusamo

SCOTUS cowards probably won’t touch it.


22 posted on 12/11/2018 7:20:31 PM PST by Jeff Chandler (Every time a lefty cries "racism", a Trump voter gets his wings.)
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To: jazusamo

courts have zero jurisdiction trying to stop a sitting president of USA from defending our borders, and the Supremes know it


23 posted on 12/11/2018 7:29:27 PM PST by faithhopecharity ("Politicians aren't born, they're excreted." -Marcus Tillius Cicero (3 BCE) Is)
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To: jazusamo

it is long past time for us to get some of these phony judges impeached, removed from the bench


24 posted on 12/11/2018 7:29:56 PM PST by faithhopecharity ("Politicians aren't born, they're excreted." -Marcus Tillius Cicero (3 BCE) Is)
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To: Lakewood

Everyone in the fed govt. takes an oath to uphold and defend the Constitution of the United States. If the courts are the final arbiter and they don’t uphold their oath, then we’re farked. Which is where we stand today because the executive and legislature cede their powers to the courts.


25 posted on 12/11/2018 7:30:29 PM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
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To: Sgt_Schultze

“The Court should grant cert, grant a stay, and use this case to curtail district court judges from issuing nationwide injunctions.“

So, amigo.


26 posted on 12/11/2018 7:32:29 PM PST by SharpRightTurn (Chuck Schumer--giving pond scum everywhere a bad name.)
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To: faithhopecharity

“it is long past time for us to get some of these phony judges impeached, removed from the bench”

They need to rounded up in the dead of the night and shipped to gitmo. Congress is useless.


27 posted on 12/11/2018 7:33:42 PM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
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To: Electric Graffiti

gitmo would suit them fine....
... is SingSing still in business?
or maybe the Soviet Gulag?

and yes, Congress is 99 percent useless
and is a BIG part of the PROBLEM we have in USA

a BIG part
needs Swamp Draining!


28 posted on 12/11/2018 7:40:15 PM PST by faithhopecharity ("Politicians aren't born, they're excreted." -Marcus Tillius Cicero (3 BCE) Is)
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Comment #29 Removed by Moderator

To: Lakewood

“Interesting. So who is the “final arbiter of the law” if not the courts?”

Congress. Ultimately, they can over-ride anything the court does and enshrine it in the constitution with the cooperation of state legislatures. Congress can disband the courts except for the Supreme court although they can remove all the justices of that one.
The final authority rests in the Congress.

You might note, the Supreme Court was not granted the power of final arbiter of the law by our founders. That “power” was it’s first extra-constitutional power grab.


30 posted on 12/11/2018 9:00:55 PM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: JBW1949
In other words, he does this the RIGHT way and not like the corrupt previous president, Obama....

Yeah, the right way, after a couple years of damage is done.

31 posted on 12/11/2018 9:31:42 PM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: Electric Graffiti
Except it’s not the RIGHT way. He’s ceding the executive power to the courts. Catastrophic damage is being done to what’s left of our constitutional republic.

His mistake was accepting that the Hawaii judge had authority to make that decision, I said this would continue and all the armchair constitutionalists here went wild. I said then he should ignore him and declare that he had no authority to make such a ruling.

Well here we are two years later. A Florida Judge ruled that no one can move pipe to the Keystone pipe line, the one the President announced was being built two years ago.

32 posted on 12/11/2018 9:36:12 PM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: itsahoot

That is because he had no real Attorney General to take a stand


33 posted on 12/11/2018 9:43:09 PM PST by TianaHighrider
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To: itsahoot

It’s bad...really bad. His white house counsel, advisors, Jeff Sessions & the GOP need to be brought to justice.


34 posted on 12/11/2018 10:02:48 PM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
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To: jazusamo

*BUMP* MAGA! :)


35 posted on 12/12/2018 5:48:43 AM PST by Diana in Wisconsin ( "Why can't you be more like Lloyd Braun?")
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To: Bullish
Hey John Roberts, that was an Obama judge who usurped the president’s authority and all for political reasons, nothing else. Do you get it now, dumb ass?

Couldn't have said it better myself.

36 posted on 12/12/2018 5:53:29 AM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: jazusamo

the 9th overturned the Supreme court

What about all of those asylum applications that illegal aliens supposedly have a right to file? As the Supreme Court made clear in INS v. Cardoza Fonseca, asylum is a discretionary form of relief. The United States is not obligated to grant asylum to anyone, even those who clearly qualify for it.

https://www.lifezette.com/2018/07/supreme-court-says-foreign-nationals-have-no-due-process-rights-here/


37 posted on 12/12/2018 5:53:42 AM PST by Mechanicos
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To: Innovative
Good. I hope the SCOTUS has some sense and rule accordingly.

Even if they do, how long will it take to get a result. In the meantime...

38 posted on 12/12/2018 6:35:25 AM PST by Go Gordon (I gave my dog Grady a last name - Trump - because he loves tweets.)
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To: jazusamo

Arguments should be based on National Security. I wonder how Ginsburg and Sotomayor will rule?


39 posted on 12/12/2018 6:42:52 AM PST by CptnObvious (Question her now.)
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To: jazusamo

Trump’s only mistake is not ignoring these temporary stays until the SCOTUS rules. Just keep doing what you are doing until SCOTUS tells you to stop.


40 posted on 12/12/2018 7:54:34 AM 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)
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