Lion of the Blogosphere

So-called Judge Robart’s outrageous TRO

Link to TRO

Page of links to all documents filed in the case

The Temporary Restraining Order:

1. Offers no legal explanation as to why the judge thinks the case will succeed on the merits.

2. No explanation of what the “irreparable harm” is, only the vague sentence that the executive order “adversely affects the States’ residents in areas of employment, education, family relations, and freedom to travel.” There is no attempt to balance those harms against the possibility that among refugees and travelers from the seven banned countries are those who pose a threat to the safety and security of the United States. The law of TROs requires a balancing of the harms.

3. The only explanation of why the states of Washington or Minnesota have any standing or will suffer any harm is a mention of “parens patriae.” This is a doctrine that is normally used to allow the states to stand in for citizens of the states who don’t have the capacity to represent themselves, such as children or the mentally incapacitated. No case law is cited for this unprecedented expansion of the concept to adult citizens of foreign nations.

4. There is no discussion of the “public interest” which is one of the four factors district courts must consider in granting a TRO, nor is there any mention of the deference normally given to the President on matters of national security and foreign relations.

Written by Lion of the Blogosphere

February 6, 2017 at 8:44 am

Posted in Immigration, Law

24 Responses

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  1. its fairly bizarre that the court find that the States satisfy *all* the standards.

    I dont get the irreparable harm. If any citizen of any country cant travel to anywhere at exactly the moment they want then it is irreparable harm? Isnt there a tort then every time a plane is delayed.

    Lion of the Turambar

    February 6, 2017 at 9:08 am

  2. But but he’s a conservative. He was appointed by George Bush.

    Look I voted for GWB twice back in the days when I thought “character” was important in a president. He seems to be a very decent and honorable man. But as the kids say, OMG his judicial appointments suck. At least Miers didn’t get in. Who knows what kind of havoc she might have caused?

    I say we preemptively impeach all Bush appointees just to be on the safe side.

    Lionel of the Richiesphere

    February 6, 2017 at 9:19 am

    • He’s not a conservative. He’s a liberal appointee who got the spot because of a blue slip or whatever it is called. Whether that privilege of senators should be respected anymore is a good question however.

      RSF

      February 6, 2017 at 2:05 pm

  3. Even so, the appeals court judge refused to nullify the temporary restraining order, although I believe there will be a second hearing today where each gets to argue its position.

    Mark Caplan

    February 6, 2017 at 9:24 am

  4. Happy to see that Lion, a lawyer, agreed with many of the points I, a nonlawyer, had posted earlier. But it just goes to show that the actual law or constitution don’t matter to a judge than if he’s personally opposed to it.

    Mike Street Station

    February 6, 2017 at 10:00 am

    • Judges and lawrs are scum. The bottom of the batrel. My criminal attorney wad elected to be a judge and she was tdachi g me to lie in court.

      Yakov

      February 6, 2017 at 12:25 pm

      • Did you ever mention what the criminal charge was that you faced?

        mel belli

        February 6, 2017 at 3:32 pm

      • Assault and battery, 1st degree misdemeanor.

        Yakov

        February 6, 2017 at 7:08 pm

    • The DeVos nom is sucking up a lot of oxygen, but as Lion points out she’s a cuck so who cares. Meanwhile, Puzder turns out to have employed an illegal maid. This too will suck up a lot of oxygen.

      The real fight is the travel ban. That has turned out to be the real donnybrook, both symbolic and substantive. Trump MUST win this.

      gothamette

      February 7, 2017 at 8:10 am

      • Most rich people break the rules (the tax law, illegal immigrant law) when hiring household help. Shame on them. I hope Trump cracks down.

        Lion of the Blogosphere

        February 7, 2017 at 9:50 am

      • Mate, this is life. Nobody can crack down on human nature. On the other hand, if you are rich, why don’t you pay a decent salary to your own instead if hiring illegals? This is bad. I would pay more to my own then to a legal or illegal whatever, and I’m not ruch. If i were rich? Fugget about it…. Would have my own rules for everyrhing, like all rich people do.

        Yakov

        February 7, 2017 at 11:07 am

      • Because rich people are cheap. How do you think they stay rich? Making 1.2% yield off the ten year… Pffftttttt

        Paul Ryan's Sickly Old Lapdog

        February 7, 2017 at 12:26 pm

  5. Odd. When combined with the extraordinary scope of the order it is almost as if the judge was trying to force a pre-look, essentially advisory opinion, by the 9th, a way of avoiding a lengthy trial on the facts.

    Curle

    February 6, 2017 at 10:13 am

  6. This ruling was absurd on its face. It will be reversed.

    ASF

    February 6, 2017 at 11:46 am

    • The first part is true. The second part … how are you so sure? Maybe Kennedy will be feeling weak-willed the day this hits SCOTUS.

      Ultimately, one of the tasks of politics is to build a judiciary that won’t obstruct the policy agenda.

      Greg Pandatshang

      February 6, 2017 at 12:40 pm

  7. If the appeals court upholds Robart’s restraining order then it’s headed to the Supreme Court. Even if we have a divided court, I can’t believe they would rule a foreigner has a constitutional right to enter the US. Or that a president doesn’t have the authority to bar foreigners for security reasons. Especially since there’s a long precedent for presidents doing exactly that. They might not agree with the EO. But I’d be shocked if they ruled a president doesn’t have the authority to make it. Regardless, SCOTUS won’t look at this before Gorsuch is confirmed. So this will be a slam dunk for Trump.

    destructure

    February 6, 2017 at 2:20 pm

    • A few years ago, I would have been shocked too. Now, I fully expect the court to rule based on ideological positions.

      Mike Street Station

      February 7, 2017 at 7:01 am

  8. I saw a public-TV news clip where they were interviewing passengers who were just released from the American airports after the temporary revocation of the ban on travelers from certain Muslim nations. The Syrians are no doubt your typical Southern European phenotype (now classified as “White” like Italians and Greeks), contrasted by dark skinned Arabs who are from Yemen, and they look like your typical brown Caucasoid, one’s idea of what an Arab should look like. It’s the Yemenis that I should worry about, simply because of HBD. They tend to have lower IQs and lower impulse control.

    Then the news clip went to interview Attorney General, Bob Ferguson of Washington State (apparently a liberal, no surprise there, he’s from the Pacific Northwest who upended Trump’s ban) then to contrasted by an interview of a dumb-as-a-bag of rocks-Cucky Congressman from Florida (a heavily prole state) who thinks the ban is a must at all costs, citing Continental Europe’s problem with Muslim miscreants (by the way, all of them whom happened to originate from North Africa, and yet there is not a single bleep about Morocco, Algeria or Tunisia, countries which are not on the list).

    JS

    February 6, 2017 at 8:19 pm

    • “Phenotypes” don’t mean jack shit. Syrians have a mean IQ in the 80s, despite looking European. As far as we know their IQ is no higher than North Africans. The cultural problems with Islam far outweigh HBD anyway. Any country is far better off with hard working, humble 85 IQ Mexicans than arrogant, violent, welfare mooching entitled 85 IQ Muslims with a superiority complex.

      DataExplorer

      February 7, 2017 at 10:07 am

      • Steve Jobs was Syrian, his IQ was a LOT higher than 85.

        Lion of the Blogosphere

        February 7, 2017 at 10:08 am

      • Steve Jobs was only half Syrian. And both his biological parents were highly educated elites (his Syrian father came from a long line of successful businessmen, and his mother was a university academic). He was not raised in a Muslim household either as he was adopted by a lower middle class American family. So he is not a typical Syrian by any means. I wasn’t trying to suggest that all Syrians are violent and unable to assimilate by the way. the problem with Islamic immigration is that 1 guy with an AK-47 can ruin things for 99 peaceful families.

        DataExplorer

        February 7, 2017 at 10:22 am

  9. Walter Olson pointed out in Overlawyered (I know that Libertarians are silly, but, they make irrefutable arguments) how law schools have been corrupted to the point where the law becomes a weapon to use to achieve the ends desired which is Social Justice. Lawyers have been churned out with minds full of these ideas and have no notions of property rights or textual constitutionalism and they become judges who can make decisions with flimsy legal standings just because it fits their political narrative. It’s all very evil.

    culdesachero

    February 6, 2017 at 8:39 pm

  10. Question: does this TRO only impact the ban on people that have valid visas? Or does it also restart Obama’s refugee program?

    As far as I understood it, part of the executive order was to terminate the current refugee program until a new one can be put in place. That is a tragedy if the US has now restarted processing new visa applications for more refugees from Muslim failed states. I wonder if it was a huge tactical error for Trump to put terminating the refugee program into the same executive order as a ban that affects US resident aliens. Either that or Trump is simply 5 steps ahead of me, and all of this was done on purpose to generate liberal hysteria, accelerate the cultural war, and make liberals look like they are trying to destroy the country…..

    DataExplorer

    February 7, 2017 at 10:16 am


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