The 9th Circuit issued their ruling on President Trump’s Executive Order late yesterday. For those unaware, the order in question is the so-called Muslim ban. The entire EO is here.
This case arrived at the 9th Circuit after the ruling made by Judge Robart in Washington State, and three judges heard arguments. Weirdly enough, that judge didn’t rule regarding the actual merits of the Executive Order and the 9th Circuit didn’t either. Both ruled on the point that someone, somewhere may be adversely affected by the order… temporarily.
Many legal scholars and lawyers offered their opinion of the ruling.
John Hindraker at Powerline:
Remarkably, the Ninth Circuit decision fails ever to mention the relevant portion of the Immigration and Nationality Act, 8 U.S.C. §1182(f), which provides:
(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.
David French at National Review: I’ll just say, go here and read it all.
SCOTUS Blog: The panel made it clear that the ruling itself was very narrow, and basically inferred that the government wouldn’t prevail on appeal to the Supreme Court.
Patterico: Believes that the judges ruled appropriately on the merits of the case handed to them to the extent that because the order itself was poorly written, the legal problems were just waiting to happen.
Volokh Conspiracy: The 9th predicated a significant part of their decision on President Trump’s campaign statements. That is unprecedented and very dangerous.
Our own Jenny North here. On inquiry she states the following:
Need something different? The ninth circuit predictably maintains stay on travel ban holding that it is more important to travel with ease than protect the homeland.
Who is correct? In my view they all are. Would the U.S. Supreme Court change anything? I’m not sure, and neither are they.
The Executive Order was right for a number of reasons. Chiefly that our homeland must be protected and the current vetting process regarding those from the seven countries listed in the EO is less than stellar. However, the EO had some pretty serious mistakes in it and the roll out was timed badly. Thus, with the 9th’s decision, liberals…and Hillary cheer!
Eric Holder can’t spell.
Skill, judgment, courgage. VINDICATED. 3-0 pic.twitter.com/5A2uPTXRps
— Eric Holder (@EricHolder) February 10, 2017
And he’s totally on board with government employees like Sally Yates deciding its ok to be blatantly insubordinate because Politics! Meanwhile…
Win! Muslim ban still on hold! https://t.co/dIw33vjioe
— ACLU National (@ACLU) February 9, 2017
GEESH! For the last time guys! It wasn’t a Muslim ban! But yeah, facts never matter to liberals.
It was very important that the court ruled unanimously, signalling that judges will not be steamrolled. A win for American institutions!
— Nicholas Kristof (@NickKristof) February 9, 2017
By ruling unanimously, the 3-judge panel of the 9th Circuit sent a loud and clear signal that judiciary will not be intimidated by POTUS.
— Max Boot (@MaxBoot) February 9, 2017
Tune in to "@TuckerCarlson Tonight" at 9pm on @FoxNews as we discuss my opposition the immigration #EO. #MuslimBan
— AG Karl A. Racine (@AGKarlRacine) February 9, 2017
And…
Bring a copy of the Constitution with you so you can show us how immigrants from terrorists countries have Constitutional rts
— KG BigwheelsUSA (@bigwheelsusa) February 10, 2017
Oh… OUCH. And for the double OUCH? Cue Tucker Carlson!
https://youtu.be/59i-1OH1YHM
Hillary attempts to troll.
3-0
— Hillary Clinton (@HillaryClinton) February 10, 2017
Wait for it…
https://twitter.com/asamjulian/status/829848229122547712?ref_src=twsrc%5Etfw
BERN!!
The thing is, while the rollout of the EO and how it was written is definitely problematic; the fact is history ..RECENT history has shown us the considerable gaps in our current immigration system. Gaps that need to be revised quickly and thoroughly. Certainly the administration can appeal to the Supreme Court. They also can issue a new and revised Executive Order that will alleviate concerns and halt the current judge shopping process that is happening.
One thing is clear. Liberals and legal eagles have sharpened their knives and are looking for judges who will legislate from the bench on anything the Administration does and are willing to completely disregard our Constitution in the process. Just one more reason Justice Neil Gorsuch needs to be confirmed to the US Supreme Court and soon.
One way to raise the bar and throw it right back at the left? Bar *ALL* entry to the country by non-residents.
Hey, it’s non-discriminatory, right?
Now there’s an idea!! 😉
The mere fact that liberal leftist democrats are doing a victory dance over a court decision for allowing unvetted foreign nationals from terror espousing countries into the U.S. should tell anyone with two brain cells how demented they are.
Exactly. Sadly, there are Republicans who are so anti-Trump that they are also celebrating this ruling.
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