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Author: Subject: Federal appeals court rules trump exceeded his authority with travel ban

Maximum Peach





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  posted on 12/23/2017 at 01:29 PM

Appeals court: Trump exceeded authority with travel ban
by JENNIFER SINCO KELLEHER and MARTHA BELLISLE, AP
2 hours ago
HONOLULU --
A federal appeals court panel has ruled that President Donald Trump once again exceeded the scope of his authority with his latest travel ban, but the judges on the 9th U.S. Circuit Court of Appeals put their decision on hold pending review by the U.S. Supreme Court, meaning the ban involving six majority Muslim countries will remain in effect.
The 77-page ruling released late Friday says Trump's proclamation makes no finding whatsoever that simply being from one of the countries cited in the ban makes someone a security risk.
Hawaii, which is suing to stop the ban, has argued that it will be harmful because families will be separated and university recruitment will be hampered.
Earlier this month, the Supreme Court lifted temporary lower court orders that had prevented the latest ban from taking effect.
The status quo was maintained when the 9th Circuit stayed its decision, said Carl Tobias, a professor at the University of Richmond School of Law.
The ruling was unusual, but it's a unique case, he said, noting the Supreme Court has not set argument dates because it has not yet decided to grant an appeal.
"Given the shockingly rapid volley of executive actions and court decisions, this is surely just the latest in a long series of battles to come." Mary Fan, a University of Washington law school professor, said about immigration ban litigation.
The judges focused on whether Trump had made a required finding that the entry of people affected by the ban would be detrimental to U.S. interests.
Under U.S. immigration law, such a determination must be made before barring 150 million potential travelers from Chad, Iran, Libya, Somalia, Syria and Yemen, they said.
Department of Justice spokeswoman Lauren Ehrsam said the agency is pleased that the Supreme Court has already allowed the government to implement the proclamation and keep Americans safe while the matter is litigated.
"We continue to believe that the order should be allowed to take effect in its entirety," Ehrsam said.
In a September proclamation, Trump said the ban was needed because the countries don't do a good job of verifying or sharing information about their citizens, and thus the government "lacks sufficient information to assess the risks they pose to the United States."
Trump relies on the premise that the Immigration and Nationality Act gives him broad powers to regulate immigration, the judges said, but for the president to block entry, he must first legally prove that person's entry would be detrimental to the interests of the United States.
"National security alone is not a 'talismanic incantation' that once invoked, can support any and all exercise of executive power under" immigration law, the decision said.
"I have always believed that the rule of law, reinforced by Hawaii's values, will win the day," Hawaii Attorney General Doug Chin said in a statement Friday. "Make no mistake: our values of diversity and inclusion are America's values, and they will light the way even through our darkest of hours."
Noah Purcell, the solicitor general for the Washington state Attorney General's Office who argued that state's challenge to Trump's first travel ban, was pleased with the 9th Circuit opinion.
"This ruling again confirms that the president has gone far beyond the immigration powers that he has, and has ignored the law in issuing this discriminatory order." Purcell said.
A separate challenge, brought by civil liberties groups, is pending in the 4th Circuit Court of Appeals in Richmond, Virginia, which also heard arguments this month.
Citing national security concerns, Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them.
The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.
It also blocks travel by North Koreans along with some Venezuelan government officials and their families, although those parts of the restrictions are not at issue in the courts.


 
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World Class Peach



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  posted on 12/23/2017 at 02:20 PM
And yet again the left-wing activist court will be overturned by The Supreme Court as has every attempt by the left to make the country less safe.


 

Maximum Peach



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  posted on 12/23/2017 at 03:53 PM
quote:
And yet again the left-wing activist court will be overturned by The Supreme Court as has every attempt by the left to make the country less safe.


I guess YOU will be the last moron hanging on to the sinking ship.

 

Maximum Peach



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  posted on 12/23/2017 at 11:02 PM
I support the travel ban but I will respect the ultimate decision of the courts. It is the final word, so even if we don/t agree it is law. Or else what else are we left to do? Resist? Fight? Perpetually? There is more to life. I guess some people live to fight. Our laws will either bolster or weaken us. I'm not a judge and neither are you. Those people are in place for this reason. What will be will be.
 

World Class Peach



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  posted on 12/24/2017 at 12:31 AM

 

World Class Peach



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  posted on 12/27/2017 at 01:17 PM
National Security trump's the left's weakness.

 

Ultimate Peach



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  posted on 12/27/2017 at 01:43 PM
quote:
National Security trump's the left's weakness.



The Constitution trumps the travel ban.

 

World Class Peach



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  posted on 12/27/2017 at 01:56 PM
quote:
quote:
National Security trump's the left's weakness.



The Constitution trumps the travel ban.



Not according to The Supreme Court.
Every attempt by the left to stop President Trump's travel ban has failed.


 

Ultimate Peach



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  posted on 12/27/2017 at 02:19 PM
quote:
quote:
quote:
National Security trump's the left's weakness.



The Constitution trumps the travel ban.



Not according to The Supreme Court.
Every attempt by the left to stop President Trump's travel ban has failed.




Then why hasn't it been implemented yet?

 

World Class Peach



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  posted on 12/27/2017 at 02:50 PM
quote:
quote:
quote:
quote:
National Security trump's the left's weakness.



The Constitution trumps the travel ban.



Not according to The Supreme Court.
Every attempt by the left to stop President Trump's travel ban has failed.




Then why hasn't it been implemented yet?



It has been.
Try keeping up son.


 

Ultimate Peach



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  posted on 12/27/2017 at 02:51 PM
quote:
Every attempt by the left to stop President Trump's travel ban has failed.


The federal judges who have blocked it several times already are not “the left” - they are simply “people”. To label an American federal judge as a liberal just because they sided against Trump, is the mindset of a sociopathic communist. You are on the bottom rung of our social ladder. I place homelsss people above you.

 

Ultimate Peach



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  posted on 12/27/2017 at 03:25 PM
You are right. I shouldn’t associate them with Mule. They’ve done nothing wrong and have demonstrated more class.
 

Ultimate Peach



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  posted on 12/27/2017 at 05:07 PM
quote:
quote:
quote:
quote:
quote:
National Security trump's the left's weakness.



The Constitution trumps the travel ban.



Not according to The Supreme Court.
Every attempt by the left to stop President Trump's travel ban has failed.




Then why hasn't it been implemented yet?



It has been.
Try keeping up son.




If the SCOTUS approved it, a lower Federal Appeals Court cannot overrule them. So, the SCOTUS has not ruled on the entire travel ban. Thus, it has not been implemented.

Try to keep up.

 

Maximum Peach



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  posted on 12/27/2017 at 06:52 PM
It is actually is "in effect" as of December 4th the Supreme Court allowed it to fully take effect while lawsuits against the order work their way through lower courts. The Supreme Court did not rule it Constitutional or Unconstitutional at this time.

quote:
Supreme Court Allows Trump Travel Ban to Take Effect

By ADAM LIPTAKDEC. 4, 2017

WASHINGTON — The Supreme Court on Monday allowed the third version of the Trump administration’s travel ban to go into effect while legal challenges against it continue. The decision was a victory for the administration after its mixed success before the court over the summer, when justices considered and eventually dismissed disputes over the second version.

The court’s brief, unsigned orders on Monday urged appeals courts to move swiftly to determine whether the latest ban was lawful. Justices Ruth Bader Ginsburg and Sonia Sotomayor said they would have denied the administration’s request to allow the latest ban to go into effect.

The court’s orders mean that the administration can fully enforce its new restrictions on travel from eight nations, six of them predominantly Muslim. For now, most citizens of Iran, Libya, Syria, Yemen, Somalia, Chad and North Korea will be barred from entering the United States, along with some groups of people from Venezuela.

The restrictions vary in their details, but in most cases, citizens of the countries will be unable to emigrate to the United States permanently and many will be barred from working, studying or vacationing here.

Iran, for example, will still be able to send its citizens on student exchanges, though such visitors will be subject to enhanced screening. Somalis will no longer be allowed to emigrate to the United States, but may visit with extra screening.

The Supreme Court’s orders effectively overturned a compromise in place since June, when the court said travelers with connections to the United States could continue to travel here notwithstanding restrictions in an earlier version of the ban.

The orders gave no reasons for the court’s shift. The move did suggest that the administration’s chances of prevailing at the Supreme Court when the justices consider the lawfulness of the latest ban have markedly increased.

Read more at:

https://www.nytimes.com/2017/12/04/us/politics/trump-travel-ban-supreme-cou rt.html




quote:

Supreme Court Allows Trump Travel Ban to Take Effect
For now.

Pema LevyDec. 4, 2017 5:19 PM

On Monday, the United States Supreme Court allowed the latest iteration of President Donald Trump’s travel ban nationals of certain Muslim-majority countries to fully take effect, after it had long been blocked by other courts. The order is temporary, pending the outcome of a lawsuit against the ban.

Litigation in response to the administration’s travel ban has kept it from going fully into effect until now. The third and latest version of the ban, announced in September, mirrors the prior two. It blocks entry into the United States for most or all nationals of Iran, Libya, Somalia, Syria, Yemen, Chad, and North Korea, and for certain Venezuelan officials. Chad, North Korea, and Venezuela were not included in the first two orders; Sudan, which was included in the original travel ban, was removed from the list.

Before Monday’s order, lower courts had blocked restrictions for banned nationals with a “bona fide” family, business, or educational connection to the United States.

Justices Sonia Sotomayor and Ruth Bader Ginsburg wanted to deny the Trump administration’s request to fully implement the policy but were overridden by the other justices.
http://www.motherjones.com/politics/2017/12/supreme-court-allows-trump-trav el-ban-to-take-effect/#




 

Ultimate Peach



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  posted on 12/28/2017 at 09:11 AM
A fifth revision that was finally approved after multiple blocks, does not equal “Trump’s travel ban”. If the courts allow it, I’m ok with it. The system is working the way it should - to identify and fix the trash that Trump brought to the table.

 
 


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