US appeals court upholds suspension of Trump travel ban

[VCheng]

Courts cannot legislate on morals and ethics. They judge on enforcement of the law. USC 1182 is crystal clear....so the SCOTUS will have the final say on the matter and it will be just like nov 8th for many.

You really should read the complete decision of the 9th Circuit. Any assumption of how SCOTUS will rule is just that - an assumption.

 

[Nilgiri]

You really should read the complete decision of the 9th Circuit. Any assumption of how SCOUS will rule is just that - an assumption.

Sorry, the SCOTUS will rule very differently (its precisely why so much of what the 9th circuit has ruled on before has been overturned by the Supreme court.... because the 9th circuit legislates from the bench more than any other even compared to the most liberal of judges on SCOTUS).

The wording in USC 1182 is very clear. One or two supreme court judges may decide to legislate rather than rule impartially on it...but thats not going to be enough....if kennedy doesnt throw this stay into the garbage can in the first place.

I did read the whole decision btw. There is no statute within 1182 USC that asks the president to "prove" the reasons he had for finding a class of aliens to be detrimental to the US. It is very clear:

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.

 

[VCheng]

Sorry, the SCOTUS will rule very differently (its precisely why so much of what the 9th circuit has ruled on before has been overturned by the Supreme court.... because the 9th circuit legislates from the bench more than any other even compared to the most liberal of judges on SCOTUS).

The wording in USC 1182 is very clear. One or two supreme court judges may decide to legislate rather than rule impartially on it...but thats not going to be enough....if kennedy doesnt throw this stay into the garbage can in the first place.

I did read the whole decision btw. There is no statute within 1182 USC that asks the president to "prove" the reasons he had for finding a class of aliens to be detrimental to the US. It is very clear:

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.

All aliens or any class of aliens. That phrase will be the key.

 

[Nilgiri]

All aliens or any class of aliens. That phrase will be the key.

Seems pretty clear to me....but lets sit back and watch the drama. I actually want to see this litmus test happen as to which SC judges are proper enforcers and which are legislators....no matter their personal political leanings.

The real crazy thing that could happen is Kennedy throwing out the appeal by DOJ when it comes for his review ...though the chances are very slim of that (and I think it would only illustrate where he is going to vote when the counter-appeal makes it way to the whole panel).

Kennedy could also rule on repealing the stay right away as well...though I think that will again be slim chance for the same reasons.

 

[VCheng]

Seems pretty clear to me....but lets sit back and watch the drama. I actually want to see this litmus test happen as to which SC judges are proper enforcers and which are legislators....no matter their personal political leanings.

The real crazy thing that could happen is Kennedy throwing out the appeal by DOJ when it comes for his review ...though the chances are very slim of that (and I think it would only illustrate where he is going to vote when the counter-appeal makes it way to the whole panel).

Kennedy could also rule on repealing the stay right away as well...though I think that will again be slim chance for the same reasons.

As you say, let us all watch how the case proceeds. Due process is due process.

 

[AZADPAKISTAN2009]

The unknown or un discussed law of US is once you set foot in USA , you technically become a resident
That is how the migrants came to USA in the first migrations.

To change that idealogy means changing the fundamentals of United states a land that has plenty to offer to all

At least that is how it used to before all the international bases started to pop around the world and other stuff happened . now you have army of folks patroling border

Once you set foot on US soil you technically can do every thing except vote

That was really the model the country was formed on

The modern measures with SSN for job or heavy border police etc , making immigrants feel like trash etc this is product of the Corporations / Ruling elites who took over the country and decided , no we don't like this rule

It is too flexible

I think in last 20-35 years what Americans call an attack on their rights and freedom are all such ideal

US today is still vast and huge , it is a huge country really just huge only maybe 5% is populated

Also technicall all inhabitants of US except the American native Indians are Immigrants

Trump's wife is immigrant

 

[Solomon2]

It's remarkable that the 9th Circuit cited Trump's campaign rhetoric - when he was a private citizen - rather than the actual presidential order.

 

[VCheng]

It's remarkable that the 9th Circuit cited Trump's campaign rhetoric - when he was a private citizen - rather than the actual presidential order.

It goes to the intent of the order, and Trump's lawyer failed to provide an adequate explanation despite given the chance.