Lion of the Blogosphere

Trump will not immediately appeal 9th Circuit decision

So I just heard.

If true, smart move. It would be dangerous to take this to the Supreme Court before Neil Gorsuch is confirmed. Better to let it go back to district court and come back up.

Written by Lion of the Blogosphere

February 10, 2017 at 5:34 pm

Posted in Law

18 Responses

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  1. I agree, smart move for now. Only they should avoid the Supreme Court even when they get Gorsuch on it. The past week has shown he’s a conservative in the John Roberts mode; he’ll play conservative unless you intimidate him.

    Mike Street Station

    February 10, 2017 at 5:49 pm

  2. Trump could address the court’s ostensible concerns by rescinding the existing EO and re-issue a new one that explicitly excludes green card holders and those who already have status. Jay Sekulow calls this checkmating the courts.

    I would say if Trump went this route he would need to strengthen the new EO in other ways such as adding additional Middle East countries and extending the period of the ban so as not to appear to be giving the courts (and the Left) a win and to keep his base happy.

    Andrew E.

    February 10, 2017 at 5:55 pm

    • Waste of time. This has nothing to do with any flaws in his EO. The judges are seditious lefties who seek to destroy the President, and who have lied about everything. Trump needs to start impeaching federal judges who lie about the Constitution, federal law, precedents, the time of day, etc.

      Nicholas Stix

      February 10, 2017 at 9:14 pm

  3. If he keeps writing executive orders on immigration won’t the Left need to keep writing new legal cases against every new order?

    The Undiscovered Jew

    February 10, 2017 at 6:05 pm

    • I’m not sure that issuing numerous similar EOs and losing in the courts numerous times would be the best strategy, if that’s what you’re suggesting. Yes, it shows continued resistance, but it makes Trump a bit like Cool Hand Luke, getting up and walking into the same punch over and over.

      Greg Pandatshang

      February 11, 2017 at 6:20 pm

    • I’m not sure that issuing numerous similar EOs and losing in the courts numerous times would be the best strategy, if that’s what you’re suggesting.

      Rewriting the same order 40 times, or something, would be unwise. But 2 to 3 times would be enough to keep the Progressives spinning in circles fighting multiple legal cases.

      The Undiscovered Jew

      February 11, 2017 at 8:53 pm

  4. Can’t Trump just order his executive-branch subordinates in overseas embassies and consulates to temporarily stop issuing new visas to prospective immigrants?

    Mark Caplan

    February 10, 2017 at 6:20 pm

    • Yes! Though according to the logic of the seditious, rogue judges, that too would violate the “First Amendment” and “14th Amendment” rights that every Third Worlder on the face of the Earth has to immigrate to America.

      Nicholas Stix

      February 10, 2017 at 9:16 pm

  5. Another option POTUS, in addition to impeaching federal judges, is to go Andy Jackson, and tell them, “Just try and stop me.”

    It’s not as if he has caused a constitutional crisis, anymore than he has declared war on the MSM. He is responding to crises others have caused.

    Nicholas Stix

    February 10, 2017 at 9:18 pm

  6. The section of the immigration code the travel ban is based on says:

    (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.

    Government lawyers have argued that Trumps authority is absolute. Once Trump finds that allowing aliens from the 7 listed countries to enter the US is detrimental, courts cannot review this finding

    The courts are saying no, they can review the executive decision and demanding to know the basis of this decision. The government has so far refused to provide the courts with any explanation of why Trump has determined that admitting aliens from the 7 countries would be detrimental.

    This appears to be the core issue.


    February 10, 2017 at 9:55 pm

    • It looks like it says “whenever the president finds…,” not “whenever the president convinces a court that he has good reasons to…”


      February 11, 2017 at 1:56 am

      • joe beat me to it. there doesn’t need to be a reason. in other words, american law recognizes closed borders, not open borders.

      • This is the argument government lawyers made. The president had made a finding and that was not review-able by the courts.

        The 9th circuit in its opinion said executive branch decisions on interpretation and implementation of laws is review-able by the courts.


        February 11, 2017 at 11:56 am

  7. Make a Presidential determination we’re in a state of war with any nation not having the equivalent of a or moving towards the (as is China) 1st Amendment i.e. the Islamic Conference.


    February 11, 2017 at 3:53 am

  8. This is a good decision. The court would have either refused to try the case, or he would have lost.


    February 11, 2017 at 8:38 am

  9. related. there was a story floating around that trump told a dem. senator that he was open to the gang of 8 bill. it turns out it was fake news.

    trump said he would oppose any amnesty bill. senator manchin tried to convince trump the bill wasn’t amnesty, and trump asked him to send a copy.

    • These guys just won’t give up on amnesty! Is there any issue they’ve fought harder for than that?

      Mike Street Station

      February 11, 2017 at 10:58 pm

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