Agree, the defense was absolute crap. All they had to do was focus on the Homeland Security order which if I read it right IS one of the amendments in the Constitution. The spin that the president is not following the Constitution a bit of ironic since the law is in it.marurun wrote:So, the 9th circuit asked Trump's administration why the stay should be lifted. You know what the White House had to offer? That they though the president's authority on the matter was "unreviewable". That was pretty much it. No evidence whatsoever that the stay put the US in harm's way. No evidence whatsoever for any of their claims. Merely, in finality, that the White House thought that the courts had no standing to challenge the constitutionality of the executive order.
Note that the 9th circuit wasn't ruling on the merits of the immigration ban, just on whether there was cause to lift the stay until the the executive order itself was ruled on in court. And the administration brought nothing for their own defense save, "you can't tell us what to do, ever."
The 9th circuit has been accused of partisanship, but this decision wasn't about partisanship. It was about the White House being literally unable to offer anything compelling at all in court.
Ban-Aid
Does not matter what the ruling is called, the Presidential Executive Order has been for now stopped. That alone exposes personal agenda over ruling what the law states clearly in the Constitution. As Ack surmised Steve Bannon is monitoring the ban of the ban; the overturn order will be banned at the Supreme Court.
https://www.whitehouse.gov/the-press-of ... ted-states
Cut and dry. Exposed 9 district once again so the huge court system can be chopped to the states. As mentioned earlier, Judges read the law, adjourn and go home.Sarge wrote:marurun, the statute in question seems pretty clear. If they didn't want the President exercising this sort of power, they shouldn't have given it to him.
I'm not arguing that it's necessarily good policy, but the President has been granted this power, for better or for worse.8 U.S. Code § 1182
(f) 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. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
