US appeals court maintains suspension of Trump’s Muslim ban

Yes, The Donald will be angry

… from Press TV,  Tehran

“Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all. We disagree,”

Trump replies:

“SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

Jim W. Dean says:

” Dear President Tweet, you just were in court. That’s why they call it an Appeals Court. That is supposed to be a very strong clue for the literacy challenged.”

__________

Justice is supposed to be blind, but not the President

[ Editor’s Note: I did not venture to call this in advance, but I am neither surprised at the 3-0 decision nor that Trump would have taken the position that “I have spoken, you must obey, or I will sic Bannon on your asses”.

I am surprised that Justice Department lawyers would not make a case. What’s up wid dat? If Trump wants to move next to the Supreme Court, a 4-4 would not change the Appeals court verdict. His other option would be to have the full 9th circuit court review.

As Gordon Duff laid out quickly when all this started, the legal justification bar for substantiating a threat valid enough to justify a presidential national security “trump card” is quite high. The Donald did not even make an effort.

“The Government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States,” the judges wrote. “Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all.”

What some Americans have to do now is to ask the 55% who had no problem with the Trump ban why they don’t give a hoot about Constitutional protections from abuse of Presidential power. Are they so stupid that they don’t know there is quite a vetting process already in place, or did the Archie Bunker clones forget about that?

Or is it that Trump does not care if he wins or not, as he will still claim he was defending America, and now the judicial system has to have the Federalists review their vetting system more closely. Gordon will be revisiting those folks again before this is overJim W. Dean ]

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– First published  …  February 07,  2017

A San Francisco-based appeals court has rejected a request from the Department of Justice to restore US President Donald Trump’s executive order banning citizens of seven Muslim countries from entering the United States, setting up a potential showdown in the Supreme Court.

The US Court of Appeals for the Ninth Circuit ruled on Thursday that a nationwide restraining order against the president’s travel ban may continue while a federal judge considers a lawsuit over the immigration policy.

“We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay,” the Ninth Circuit Court of Appeals in San Francisco ruled.

Trump had said the Justice Department would succeed in appealing District Court Judge James Robart’s order which lifted his administration’s travel ban last week.

Robart’s decision came after Washington state Attorney General Bob Ferguson filed a lawsuit to invalidate key provisions of Trump’s executive order.

Robart questioned the Trump administration’s use of the September 11, 2001 terror attacks on the US as a justification for the travel ban.

Trump signed an executive order on January 27 that imposed a temporary travel ban on citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen and placed an indefinite ban on Syrian refugees. The move also suspended admission of all refugees for 120 days.

“Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all. We disagree,” the three-judge panel hearing the case wrote on Thursday.

“In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action,” they added.

Minutes after the ruling was made public, a visibly angry Trump tweeted his reaction: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

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4 Responses to "US appeals court maintains suspension of Trump’s Muslim ban"

  1. Dr. Abu-Bakr Susta  February 10, 2017 at 2:10 am

    With a GW Bush judge deciding against him, Trump loses in U.S. District Court (Seattle & elsewhere). With a GW Bush judge deciding against him, Trump loses in 9th Circuit Appeals Court.

    With some/most Bush justices deciding against him, Trump would lose in U.S. Supreme Court. With a 4-4 S.Ct. decision, Trump also loses. Trump’s S.Ct. nominee would probably also vote against Trump.

    Pending litigation & appeal, friend Alan Dershowitz says that Trump can do another E.O. to address courts’ concerns. Not so. The primary concern is: NO proof of ANY harm from pre-Trump visa status quo.

  2. wjabbe  February 10, 2017 at 12:51 am

    .Trumpty Dumpty is his own enemy. He dug himself into thus hole because he flunked the class in manners, respect and etiquette in the military academy he attended so long ago and never learned them anywhere else either. He seems to believe he can insult and bully anyone who disagrees with him on any issue but have no consequences to him. Apparently he got away with this in Skyscraper York most of his life but now he is learning the hard way things don’t work like that in the rest of the world. He is like a spoiled brat in the 7th grade who can’t keep his mouth shut and believes he is the only kid in the class. Any good lawyer would duct tape his mouth and hands so he can’t insult anyone especially judges. It is O.K. to think it, but don’t say it because they especially do not like to be disrespected. Send him a few more shovels and see if he can dig out or dig deeper into the hole he made for himself. Such foolish behavior can have serious consequences; the other day he was totally unprepared to talk about nukes with Putin and made a fool of himself. He also insulted the Mexican Judge in California last year in his Trump University case. At this rate he will soon run out of chances and indulgence and forgiveness.

    • wjabbe  February 10, 2017 at 1:07 am

      Correction: In line 1 the word thus should read this. Here is a suggestion. How about Mad Dog and Kelly sitting down with Trumpty Dumpty and having an eye to eye talk like they once did as young officers with new recruits to the Marine Corps. They should tell him to go through boot camp at Paris Island and the Drill Instructor is not to give him any slack or indulgence. Every time he opens his mouth improperly he pays the same way any new recruit does. Would this experience ” learn him” some manners and respect for authority? I believe it would because the Corps does not like arrogance and insolence and lying and disrespect from punks. They have reversed many of them over the years into good respectful Marines and citizens.

  3. David Odell  February 9, 2017 at 8:11 pm

    See you in court, the integrity of the people in their entirety waits for you.

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