Drain The Swamp That Is The Ninth Circuit

Neil Parille's picture
Submitted by Neil Parille on Fri, 2017-02-10 00:25

http://www.breitbart.com/news/...

The Ninth Circuit Court of Appeals (located in San Francisco, what a shock) has just ruled that the District Court's stay of Trump's "immigration ban" will remain in place pending a final ruling.

The Ninth Circuit has been out of control for years. It is reversed more than any other circuit court by far by the Supreme Court - often with 9-0 or 8-1 rulings.

Strategy wise Trump could appeal to the Supreme Court (which being 4-4 would probably uphold the Ninth Circuit) or wait till Gorsuch is confirmed and redo the Executive Order.


Immigration Dictation

Kyrel Zantonavitch's picture

Ed Powell, seven comments above, reports that the U.S. president's power is: "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."

Translated into English, this means the president has unlimited power to bar non-citizens from America. This is the authority of a dictator. Congress never should have given him such power over immigration. Does he also have unlimited authority to let in non-citizens? Can he even keep U.S. citizens out? Is all immigration law null and void after one of his whims or decrees?

None of this is the rule of law. It's mere dictatorship.

The Endgame

edpowell's picture

We've now seen the endgame of the Left on the immigration issue, after the bizarre 9th Circuit ruling, and I'm SO stupid not to have seen it before in the campaign when Hillary's campaign hinted at it.

The Left's MO has been to use the judiciary to create constitutional "rights" with no reference to the actual constitutional text (no matter what you think of the underlying issues)--abortion, gay marriage, welfare, etc.--while denigrating or limiting actual constitutional rights (freedom of speech, freedom of religion, the right to keep and bear arms, freedom from intrusive searches, etc.).

The "right to immigrate" will be the next on the judicial activism agenda. It's so audacious, so beyond the pale of normal constitutional theory, that it had not even occurred to me. I had thought Hillary would have been bad on the issue of Third World immigration, but I had not realized that Hillary's judges might have simply removed the issue from the political arena entirely by declaring a right to immigrate.

We really did dodge a bullet in this last election, much more so than I had imagined.

not like Obama, just the opposite

Mark Hunter's picture

Kyle is mistaken on this. Unlike Obama, Trump isn’t trying to usurp immigration law, he’s trying to enforce it. The executive branch is responsible for securing the borders.

After Gorsuch is in place Trump will appeal Robart’s restraining order to the Supreme Court and eventually win 5-4, the 4 being hardcore leftist. Since that will take time we haven’t got, the administration needs to try and get Robart impeached as well.

Kyrel

Lindsay Perigo's picture

Read (f) in Ed's post below.

Ukases

Kyrel Zantonavitch's picture

Immigration law and policy is a matter for the legislature -- not the executive branch. The American courts overruled Pres. Obama's attempted usurpation of immigration law too (the 2014 Deferred Action for Parents of Americans and Lawful Permanent Residents Act [DAPA]). Thank Galt they did. Trump is currently ruling way too much by fiat-like executive orders.

Upside

Sam Pierson's picture

Impartially, you gotta admire the system. Govt has to work hard to get its way.

There's not much downside on this ruling for Trump & the admin. One act of terrorism from any of the folk coming in during this window & the opponents to this measure get 100% of the blame, & zero credibility for a long, long time. Trumps political capital would soar. If they are obstructing on political grounds, they're taking a huge risk, while for Trump there's no risk.

Ninth Circuit treasonists

Lindsay Perigo's picture

As President Trump said, this is so clear even a child could understand it. yet not the sophists at the 9th Circuit Court of Appeals.

I think they understand it perfectly. That's why they don't mention it. Their questioning of the (hopeless) Justice Dept guy, especially the screeching wimmin-thing, showed their clear intent to make policy rather than adjudicate its legality. I hadn't realised the judiciary had been this infiltrated. But realise, Obleftivism represents the same odious corruption within Objectivism. We can't undertake not to make "sweeping statements" critical of these traitors. We can't be critical enough of them.

What does Trump do now? It strikes me it'd make sense to drop this particular ban, which I think is too weak anyway, and just forge ahead with "extreme vetting" generally.

Immigration Law

edpowell's picture

Now, I'm no lawyer. I don't even play one on TV. Yet you can read all 29 pages of the court's order and not find one sentence that addresses the actual law, the relevant part I quote here:

This is 8 U.S. Code § 1182 (f) - Inadmissible aliens

(D) Immigrant membership in totalitarian party
(i) In general
Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.

(F) Association with terrorist organizations
Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible.

(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. 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.

https://www.law.cornell.edu/us...

As President Trump said, this is so clear even a child could understand it. yet not the sophists at the 9th Circuit Court of Appeals.

One thing we forgot

Lindsay Perigo's picture

You can have the White House, the Senate and the House ... and still be rendered impotent by politicised courts. I fear Trump's "see you in court" is not the solution. "Court" is the problem. These Ninth Circuit treasonists know full well it's not within their purview to question the wisdom of the ban, merely its legality. Tick the judiciary as another place Gramsci's long march has reached. Obleftivists will be thrilled.

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