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1 - Common Sense
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9th Circuit denies Trump “immediate administrative stay”
9th Circuit denies Trump “immediate administrative stay” pending further briefing
No decision on the attempt to reinstate the Immigration Executive Order at least until Monday night
Just before midnight Pacific time on Saturday night, February 4, 2017, a three-judge panel of the 9th Circuit Court of Appeals, in a short-form Order, refused to stay [url=,%20refugees.]a lower court ruling[/url] that had halted Trump’s Executive Order on visas and refugees.A copy of the Order is at the bottom of this post.
The Order reads:
The court has received appellants’ emergency motion (Docket Entry No. 14). Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied. Appellees’ opposition to the emergency motion is due Sunday, February 5, 2017 at 11:59 p.m. PST. Appellants’ reply in support of the emergency motion is due Monday, February 6, 2017 at 3:00 p.m. PST.
The Order was filed just two and one half hours after the government filed it’s Emergency Motion for a Stay Pending Appeal.While it would have been extraordinary to grant a stay without the opposition having a chance to be heard, as of now the briefing schedule provides two more days in which people who otherwise would not be allowed to enter the U.S. can enter.I’m not sufficiently familiar with the procedure for an emergency stay to the U.S. Supreme Court to know whether the government could go to the Supreme Court for a Stay today.
The application would be referred, initially, to Justice Anthony Kennedy, who is the Supreme Court Justice assigned to the 9th Circuit for such emergency applications. It is common for Justices to refer stay applications to the full court, thought Kennedy could grant it himself.
If I were the government, and if I could do it procedurally, I’d be in front of Kennedy today. The District Court temporary restraining order, which did not even address the merits of the case other than a single conclusory sentence, is a legal abomination in which the judiciary usurped immigration control even as to people who have not yet entered the U.S. and hold no permanent residency.
That TRO is so legally improper on its face it should have been stayed immediately by the 9th Circuit.
“We hold these truths to be self-evident,” former vice president Biden said during a campaign event in Texas on Monday. "All men and women created by — you know, you know, the thing.”
- Goose
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Re: 9th Circuit denies Trump “immediate administrative stay”
The constitutional insights of Legal Insurrection.
Have you reviewed any sources that don't say exactly what you already believe?
We live in a time in which decent and otherwise sensible people are surrendering too easily to the hectoring of morons or extremists.
- Tim15856
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Re: 9th Circuit denies Trump “immediate administrative stay”
Every single thing I've read from both sides of the aisles says the president has the power to stop anyone from entering this country. And considering that foreigners trying to enter this country have no constitutional rights this judge has no legal basis to stop Trump's EO. legal insurrection is right, the judge is using his power to over rule law. His ruling is based on pure politics and not the rule of law.
Last edited by Tim15856 (2/05/2017 2:03 pm)
- Goose
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Re: 9th Circuit denies Trump “immediate administrative stay”
Everything is pretty broad.
And incorrect. There's - at the very least - a three judge panel, with much more knowledge of the law than you who thinks that it isn't quite a slam dunk.
How about offering some examples of your readings "from both sides".
Last edited by Goose (2/05/2017 2:20 pm)
We live in a time in which decent and otherwise sensible people are surrendering too easily to the hectoring of morons or extremists.
- Common Sense
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Re: 9th Circuit denies Trump “immediate administrative stay”
VP Pence says the administration will take what ever legal means necessary to reinstate immigration travel ban.
Professor Jacobson wrote the article for IL.
William A. Jacobson is Clinical Professor of Law and Director of the Securities Law Clinic at Cornell Law School. Prof. Jacobson is a 1981 graduate of Hamilton College and a 1984 graduate of Harvard Law School. At Harvard he was Senior Editor of the Harvard International Law Journal and Director of Litigation for the Harvard Prison Legal Assistance Project.Prior to joining the Cornell law faculty in 2007, Prof. Jacobson had a highly successful civil litigation and arbitration practice in Providence, Rhode Island, concentrating in investment, employment, and business disputes in the securities industry, including many high profile cases reported in leading newspapers and magazines.
Last edited by Common Sense (2/05/2017 2:20 pm)
“We hold these truths to be self-evident,” former vice president Biden said during a campaign event in Texas on Monday. "All men and women created by — you know, you know, the thing.”
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Thread Starter- Goose
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Re: 9th Circuit denies Trump “immediate administrative stay”
Would you even read an article that argued something other than what you already believe, you know, just to maybe learn something new?
We live in a time in which decent and otherwise sensible people are surrendering too easily to the hectoring of morons or extremists.
- tennyson
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Re: 9th Circuit denies Trump “immediate administrative stay”
This WILL come to a legal conclusion one way or another.
No matter HOW it is resolved it has been a total disaster. Obviously it was crafted without vetting of all the offices under the Presidency. To deny entry of those from Iraq certainly had to make the DOD shudder in that those very people are engaged in helping defeat ISIS. Horrible move. Obviously Trump has novice advisors on the whole thing. At least they fixed the green card issue, but the world has to wonder about the credibility of this new administration.
Last edited by tennyson (2/05/2017 2:42 pm)
"Do not confuse motion and progress, A rocking horse keeps moving but does not make any progress"
- Goose
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Re: 9th Circuit denies Trump “immediate administrative stay”
Why Judge Robart Blocked the Muslim Ban
There’s no constitutional way to implement an unconstitutional order.
"The entire order is irrational and motivated by unlawful anti-Muslim animus."
We live in a time in which decent and otherwise sensible people are surrendering too easily to the hectoring of morons or extremists.
- tennyson
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Re: 9th Circuit denies Trump “immediate administrative stay”
Personally, I thought the EO could have been attacked on wanting to see the basis of why JUST those 7 countries and not others (like the ones that DID supply 9/11 attackers) in addition to proving just what is wrong with the current vetting. All I see is Trump merely fulfilling a red-meat promise without proper reasoning behind it. The whole thing was a mess. I already said why I think the DOD must be livid over including Iraq when THEIR people are the ones helping us defend against ISIS. How stupid is that ???
"Do not confuse motion and progress, A rocking horse keeps moving but does not make any progress"
- Tim15856
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Re: 9th Circuit denies Trump “immediate administrative stay”
The only thing I saw was if the president thought there was a possibility of harm to the public then he had the right to stop certain immigration.
Please explain this to me. Why are you guys fighting this so hard? It's only for a couple months while the Trump admin tries to strengthen the vetting process. As can be seen in this hearing =12.0pt the vetting process isn't exactly fail safe. If Trump is wrong and the process is perfectly fine, then what is the damage? A few refugees spend a few more months in a camp. But what if you're wrong? Then American's die. In the past the left has been more concerned after a Muslim terrorist attack with the backlash toward the Muslim community. Is that all you guys care about? Do you have no concern about your fellow Americans?