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April 29, 2024, 11:12 am
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Lots of Commentary on Ninth Circuit Ruling
Published:
First three are from attorneys on Powerlineblog.com. Remainder are articles they linked to.
A Ninth Circuit footnote
by Scott Johnson
http://www.powerlineblog.com/archives/2017/02/a-ninth-circuit-footnote.php
9th Circuit’s Opinion Is Wrong, But Its Impact Is Limited
John Hinderaker
The Ninth Circuit’s ruling — limited in impact but full of mischief
Paul Mirengoff
The Ninth Circuit Just Issued a Dangerous Ruling against Donald Trump’s Immigration Order
http://www.nationalreview.com/article/444785/ninth-circuit-travel-ban-donald-trump-ruling
Why The Ninth Circuit Ruled Against Trump’s Refugee Order
http://www.nationalreview.com/corner/444784/why-ninth-circuit-ruled-against-trumps-refugee-order
The 9th Circuit’s dangerous and unprecedented use of campaign statements to block presidential policy
The president should withdraw his executive order
http://www.newcriterion.com/posts.cfm/The-president-should-withdraw-his-executive-order-8351
Comments
The DOJ lawyer was very weak in his defense of the order. I did not hear the DOJ lawyer cite the authority the President has on immigration.
The Ninth Circuit evaded questions to the DOJ lawyer on the Presidents authority also.
".... The 9th Circuit opinion does not in any fundamental way challenge President Trump’s power to do what he did: stop travel and immigration from certain designated countries.
What, then, did it do? The three judges found that there was a likelihood that someone’s due process rights could be violated by the order. The people in question are not citizens of the seven countries who have never been to the United States, and now want to travel or immigrate here. Those people have no rights under our Constitution, as the Supreme Court has repeatedly held. Rather, the 9th Circuit panel seized on the idea that a few people covered by the order–those who have come here legally already, and now want to return–have constitutional due process rights:....."
".....I think the administration could pretty easily tweak Trump’s order to meet the relatively minor objections the plaintiffs have put forward, and create a record in the trial court that would make it difficult for even the 9th Circuit (this is known as “judge shopping†by the plaintiffs, by the way) to stand in the way....."
http://www.powerlineblog.com/archives/2017/02/9th-circuits-opinion-is-wrong-but-its-impact-is-limited.php
QUOTE-
8 U.S. Code § 1182 - Inadmissible aliens
(f) Suspension of entry or imposition of restrictions by President
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.
Given the Supreme Court has handed down some rulings that seemed questionable such as Obama Care being a tax, I think it's best to amend and resubmit to the appeals court first as they move toward their nominee for the Supreme Court.
And Bravo konane for stalwart postings.
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