Federal Judge In Seattle Halts Enforcement Of Portions Of Trump’s Immigration Order
A federal judge in Seattle issued a temporary nationwide restraining order Friday stopping President Trump’s executive order banning citizens of seven countries from entering the United States.
Judge James Robart, who was appointed by former President George Bush in 2003, ruled the executive order would be stopped nationwide, effective immediately.
“The Constitution prevailed today,” Washington Attorney General Bob Ferguson said in a statement after the ruling. “No one is above the law — not even the President.”
“It’s our president’s duty to honor this ruling and I’ll make sure he does,” Ferguson added.
The ruling, made at the request of Washington and Minnesota, is the broadest to date against Trump’s executive order.
The order is here. The order specifies as follows:
It is hereby ORDERED that:
1. Federal Defendants and all their respective officers, agents, servants, employees, attorneys, and persons acting in concert or participation with them are hereby ENJOINED and RESTRAINED from:
a. Enforcing Section 3(c) of the Executive Order;
b. Enforcing Section 5(a) of the Executive Order;
c. Enforcing Section 5(b) of the Executive Order, or proceeding with any action that prioritizes the refugee claims of certain religious minorities; and
d. Enforcing Section 5(c) of the Executive Order;
e. Enforcing Section 5(e) of the Executive Order, to the extent Section 5(e) purports to prioritize refugee claims of certain religious minorities.
It further provides that it is nationwide in scope.
The legal reasoning for the ruling is not set forth in detail. The only law discussed in the order is the legal support for the court’s finding of standing on the part of the plaintiffs, the states of Washington and Minnesota. The Court found standing on the part of the states on the basis that “[t]he executive order adversely affects the States’ residents in areas of employment, education, business, family relations, and freedom to travel. These harms extend to the States by virtue of their roles as parens patriae of the residents living within their borders.” The judge also notes that the states claim an interest in the functioning and missions of their institutions of higher learning, as well as “operations, tax bases, and public funds.”
The leading case on parens patriae standing is Alfred L. Snapp & Son, Inc. v. Puerto Rico, 458 U.S. 592 (1982). Under this case, a State must be more than “a nominal party without a real interest of its own.” The State “must assert an injury to what has been characterized as a ‘quasi-sovereign’ interest.” This can include the “health and wellbeing — both physical and economic — of its residents in general” but can also include “a similar state interest in securing residents from the harmful effects of discrimination” in order to “ensur[e] that the State and its residents are not excluded from the benefits that are to flow from participation in the federal system.” The Supreme Court found standing for Puerto Rico, while not a state, because of its “state interest in securing residents from the harmful effects of discrimination,” given that Puerto Rico’s residents often suffer from invidious discrimination. The Court found that if there were invidious discrimination as to states across state lines, “we have no doubt that a State could seek, in the federal courts, to protect its residents from such discrimination to the extent that it violates federal law.”
This does not seem to be the case for Washington or Minnesota, which are unlikely to be unable to fully participate in the benefits of the federal system because of the maltreatment of a fairly low number of their citizens.
However, interestingly, mere unemployment (or at least Puerto Rico’s inability to take advantage of federal laws dealing with unemployment) was also found to confer parens patriae jurisdiction on Puerto Rico. This seems to set a fairly low bar for parens patriae jurisdiction.
These are only preliminary thoughts. Clearly the judge’s ruling will be discussed more fully in coming days.
UPDATED to add the parenthetical in the penultimate paragraph.
[Cross-posted at RedState and The Jury Talks Back.]
Ding.
Patterico (115b1f) — 2/3/2017 @ 8:31 pmwhat a crappy judge
happyfeet (28a91b) — 2/3/2017 @ 8:43 pmEven if they have Snapp standing, their cause of action is no stronger than any Abdul Doe’s. Congress has plenary power over immigration and the states ain’t got nothing to say about it no matter how it may affect their economies or any other of their interests. The dispositive question will be whether Congress has authorized the President to issue this order.
nk (dbc370) — 2/3/2017 @ 8:46 pmAnd I think a review of the visa waiver revision that was part of the military construction and veterans act would indicate it was, the old deliberations suggest such, as was the putative umput of house stagfers
narciso (d1f714) — 2/3/2017 @ 8:50 pmHe seems to have a talent for histrionics
narciso (d1f714) — 2/3/2017 @ 8:53 pmUPDATED to add the parenthetical in the penultimate paragraph.
Patterico (115b1f) — 2/3/2017 @ 9:00 pmI may not have been paying close attention, but I do not recall that in the past– and I don’t mean the immediate past– but maybe 20 years ago and before, that people made a big deal about which president appointed the judges below Supreme Court after they were put on the bench. Now after almost every federal decision it seems media announces “he was a Bush judge, she was an Obama appointment, he was a Clinton appointee”, etc. Maybe this is more important and interesting now after watching several decades of judicial activism, but it seems to me that this only serves to further politicize the way regular citizens view the judiciary (which is supposed to be apolitical where the law is concerned).
elissa (36949e) — 2/3/2017 @ 9:05 pmThe fact as drj points out was reversedon appeal and it is pursuant to federal law, however the logic as is purpose.
narciso (9b1eec) — 2/3/2017 @ 9:06 pmA nominees appointee is only as,significant as his last series of cases, in this case re police civilian telations
narciso (9b1eec) — 2/3/2017 @ 9:08 pmRead the written decision in Boston today. More law, less grandstanding by the judge. Even Dershowitz said on TV this order won’t survive appellate scrutiny.
And he has the same problem as Birotte – the State Dept invalidated the visas last week, and there are legal questions about a courts authority to order the govt to reverse that.
Shipwreckedcrew (7e904b) — 2/3/2017 @ 9:09 pmThanks again, shipwrecked,
narciso (9b1eec) — 2/3/2017 @ 9:13 pmNow let’s consider the strategy behind this, it is unlikely for such will be able to hear this case, even if it’s expedited
narciso (9b1eec) — 2/3/2017 @ 9:19 pmAppointed yet, some conjecture on my part. Judge Robart seems totally unaware of the national security implications ofvhis stay.
narciso (9b1eec) — 2/3/2017 @ 9:27 pmNow isn’t washington where they recount till they get a democrat?
narciso (9b1eec) — 2/3/2017 @ 9:32 pmThe Governor of Washington is a moron. His interview on Tucker Carlson’s show was disgraceful. He said that there was a religious test to prevent Muslims from coming into the USA by Trump’s EO. He didn’t have a clue what was in the order and Tucker was too polite to crush him.
Why Tucker didn’t ask about Obama’s EO’s and how that prevented Christians from getting refugee status was okay, but Trump giving minority, persecuted groups priority is anti-Muslim bigotry.
NJRob (43d957) — 2/3/2017 @ 9:54 pmMoron governor also kept saying non-resident aliens who aren’t in the country have due process rights according to our constitution. Where the heck does he get this BS from and why isn’t he called upon it?
Is our Constitution now the governing law for the rest of the world?
NJRob (43d957) — 2/3/2017 @ 9:56 pmThere and Minnesota.
NJRob (43d957) — 2/3/2017 @ 9:57 pmBecause it’s correct? You are basically trying to argue that immigration officials don’t have to obey the law in dealing with foreigners. That’s absurd.
Immigration officials can’t just arbitrarily decide to exclude people because they don’t like the color of their skin, their religion, etc. They have to follow the laws.
From the complaint:
Dave (711345) — 2/3/2017 @ 10:16 pmOf course they can, its the law.
narciso (0913d5) — 2/3/2017 @ 10:25 pmI can’t believe you are seriously trying to argue this.
So, under your theory, if an Arab-American with a bad attitude happened to get a job with the INS/State Department, he could reject all visa applications from Israel because he doesn’t like Jews, and the people affected by his flagrant violation of the law would have no recourse?
Use some common sense.
Dave (711345) — 2/3/2017 @ 10:32 pmBut refugee immigrants are not entitled to ANY form of unemployment insurance unless and until they’ve been employed. While it IS possible that someone might become unemployed due to someone else not arriving from abroad, the state has not named (and probably could not name) any such person.
I thought that an “injury” had to be identifiable (see the FISA suits).
Kevin M (3bacd7) — 2/3/2017 @ 11:34 pmAbout 20 years ago, a friend was trying to get a former exchange student to visit for her high school class’s 30th reunion. The former student was a citizen of Colombia. Despite having her Congressman backing her appeal to the INS, the visa was disallowed, “as they were not issuing visas for Colombians at this time.” Now, maybe that’s just the story she got told, but that’s the way it was if you were trying to get to the USA from one of them drug countries in the 90’s.
Who knew this was unconstitutional?
Kevin M (3bacd7) — 2/3/2017 @ 11:38 pmIt’s really going to be rough on the folks who try to come in under this order when it gets stayed and they have to turn around again.
Kevin M (3bacd7) — 2/3/2017 @ 11:40 pmi wonder if this doo-doo judge from seattle will give constitutional rights to people sitting in prison in havana or tehran
my guess is no
Cruz Supporter (102c9a) — 2/4/2017 @ 1:15 amThis judge’s ruling will be overturned, either at the appellate level, or, if the Ninth Circuit does it’s usual thing, by the Supreme Court…assuming Gorsuch is confirmed in time.
Evan3457 (9783e9) — 2/4/2017 @ 3:27 am“its”, not “it’s”.
Evan3457 (9783e9) — 2/4/2017 @ 3:28 amMy kingdom for an edit button.
The Seattle Judge’s opinion/ruling will never stand. Sorry all you nevertrumpers who would like to see Trump fail and disregard everything else that is actually making sense for the rest of us.
See: http://lawnewz.com/high-profile/on-trial-why-trumps-immigration-ban-will-win-over-seattle-judges-nationwide-stay/
“Here is where the Boston judge and the Seattle judge appeared to disagree. According to reports of what was said at oral argument in Seattle, the Seattle judge believes rational basis review requires the law-making branches of government “prove” with “facts” presented in court that their position is the correct one. As the Boston judge noted, this interpretation of the law — inviting the judicial branch to replace the elected branches of government — is directly contrary to precedent. This is why the Seattle judge’s opinion is likely to lose out ultimately, and Trump’s will prevail.”
So keep up the lousy work here at patterico and restate. You are a joke.
xsssx (0f0593) — 2/4/2017 @ 4:29 amxsssx,
There’s only one law making branch. It’s the legislature. That’s what legis latio means.
Trump is not the law maker. He’s the executor of the law.
The legislature made a law saying not to discriminate on the basis of nationality. The EO explicitly does. It’s complicated beyond there, but I think this is a reasonable issue for the courts to decide.
LOL you guys. Must be hard seeing your guy actually be criticized, but that’s what being president involves. If he didn’t want that, he shouldn’t have signed up for it.
It’s fascinating that the judge was appointed by a republican because that helps show the descent of the GOP as it has become less principled and now is just partisan hysterical.
Dustin (ba94b2) — 2/4/2017 @ 4:35 amHey dustbin, let’s see how it all works out. Nevertrumpers Neverwin.
xsssx (3bbec8) — 2/4/2017 @ 4:47 amI meant redstate but restate is actually more accurate. Keep telling bs enough and it might become fact in your guys’ minds.
xsssx (3bbec8) — 2/4/2017 @ 4:50 amOh hey, it’s a Trump fan being ugly. Who’s ever seen that before?
And yes, we’ll see how it all works out. I’m not looking forward to the next swing of the partisan pendulum. Obama got us Trump, and Trump will get us someone like Warren. Instead of less government, we keep getting more to satisfy the aggrieved group from last round.
Dustin (ba94b2) — 2/4/2017 @ 4:52 amHey dustbin:
“There’s only one law making branch. It’s the legislature. That’s what legis latio means.”
Really??? What the f—ck has been going on for the past 8 years? What planet have you been fornicating on? And when did you actually stop beating your wife?
xsssx (3bbec8) — 2/4/2017 @ 4:54 amHey dustbin,
“Instead of less government, we keep getting more to satisfy the aggrieved group from last round.”
Well I guess cutting the unelected bureaucrats doesn’t count. And as for the aggrieved, then I guess you must ignore the millions who voted for President Trump
xsssx (3bbec8) — 2/4/2017 @ 5:02 amI have never heard so much whining about Trump as I have heard here. Remember Obama? Where was the whining then? You just accepted the leftist line of BS. Why did you all Nevertrumpers want Hillary to win so much? The Supreme court nominee? The shutdown of illegals or refugjihadists? NAFTA? Or was it just Business as usual? You guys/gals are completely clueless, along with Mark Levin and his diminishing followers.
xsssx (3bbec8) — 2/4/2017 @ 5:09 amOh hey, it’s a Trump fan being ugly. Who’s ever seen that before?
Yeah, for an orange-skinned New York pansy who has almost certainly been buggered by Roy Cohn, Trump does arouse a lot of frothy-mouthed loyalty in cockroaches.
nk (dbc370) — 2/4/2017 @ 5:13 amNeverTrumpers NeverWin. They don’t think about winning. They think like Chuckie Schumer. And the militant Paid-to-fight SOROS morons. How many of you actually served in the military under Obama? Are you all-in for the crap that has been going on there? I served under LBJ because that’s what was going on. I didn’t agree with it but I did my duty. Now I have a chance to support a man in the office that I agree with. If you don’t then go soak your head in a barrel of water, for a long time.
xsssx (3bbec8) — 2/4/2017 @ 5:17 amActuallly nk, loyalty is something you have missed in your up bringing. To the office of the president, or to anyone else in your life. As to calling me and many others cockroaches, I would say that sunlight shines upon the traitors and disloyal people in our government and to the many here that are NeverWinners. So go FOAD.
xsssx (3bbec8) — 2/4/2017 @ 5:27 amHey nk and dustbin and patterico ,O Pontiff, you lost. Gosh O mighty, live with it. And get off the whining. It’s so adolescent. NeverTrumpers NeverWin. Actually they AlreadyLost.
xsssx (3bbec8) — 2/4/2017 @ 5:33 amTrump is like a 1973 Ford Pinto with 200,000 miles that you rented because your other choice was a 1966 VW minivan (with Peace stickers and psychedelic paintwork). Every mile it travels without breaking down is an achievement and cause for relief, and the danger that it will go up in a flaming fireball is very real.
nk (dbc370) — 2/4/2017 @ 5:34 amJudge Robart chose not to look at the underlying law, which is a very narrow ban. Then again he let emotion over rule logic in previous cases as the heavy points out.
narciso (d1f714) — 2/4/2017 @ 5:38 am#27 –
The case is appealable to the CA9 – It wont get stayed
Joe (debac0) — 2/4/2017 @ 5:47 amThe case wont get stayed at SC either – 4 that will look at the law 4 that will vote politics first
Very well crafted opinion, of course they don’t point it out.
narciso (d1f714) — 2/4/2017 @ 6:09 amGorton was one of those bush 1 appointees who evaded the Biden rule
narciso (d1f714) — 2/4/2017 @ 6:28 amCnn has more of Roberts ‘thinking’
narciso (d1f714) — 2/4/2017 @ 6:42 amDos tells NBC news , I know, the visas can’t be reistated
narciso (d1f714) — 2/4/2017 @ 6:54 amAt a loss how a state can assert standing in the place of people who are neither citizens nor legal residents. Not surprising though a Bush Jr. judge would twist himself into a legal pretzel on behalf of the masses yearning to breathe free, or really,get free stuff and work off the books. 8 years of his presidency judicially begot Sam Alito….and….Sam Alito.
Bugg (b7f13d) — 2/4/2017 @ 6:59 amYeah, you got me. I forgot Obama and neither myself or the other conservatives who are critical of Trump have ever criticized Obama. Alwaystrumper alwayswinning.
Dustin (ba94b2) — 2/4/2017 @ 7:11 amGorton did a rational balance test, something Robart says he believes in
narciso (d1f714) — 2/4/2017 @ 7:14 amEvery law is subject to a rational basis test. It’s the lowest standard: “Is there any imaginable, sane reason why a legislature would want to pass this law?” Imaginable. The legislative history is not necessary for an actual reason.
nk (dbc370) — 2/4/2017 @ 7:19 amTo parse it down, “No Muslims need apply” is not a sane reason according to the judge.
I don’t entirely blame the judge. Roy’s f***boy poisoned his own well during the campaign with his promise to ban all Muslims, and that was front and center in the plaintiffs’ complaint.
nk (dbc370) — 2/4/2017 @ 7:36 amEven President Trump says this ruling is ridiculous
happyfeet (28a91b) — 2/4/2017 @ 7:54 amWho spelled “r-i-d-i-c-u-l-o-u-s” for him?
nk (dbc370) — 2/4/2017 @ 7:57 amThis pause galls far shirt of the promise he made in the campaign, this suggests no rational vetting process is acceptable.
narciso (d1f714) — 2/4/2017 @ 7:58 amJosh blackman coolly analyzes and nits an irony.
narciso (d1f714) — 2/4/2017 @ 8:02 amI have read this site for a while now and enjoyed reading the postings, especially when I disagreed with the content. Even comments I disagreed with could be enlightening. No more. Having suffered through Happyfeet’s juvenile names for those she/he dislikes, I draw the line at nk’s “Roy’s f***boy” nonsense, and the back-and-forth nonsense such comments engender. I was a #NeverTrump and #NeverEverHillary, but I respected my fellow readers. I wish I weren’t alone.
Rebekah Lane (5a672e) — 2/4/2017 @ 8:05 amhe probably downloadered grammarly
happyfeet (28a91b) — 2/4/2017 @ 8:06 amBlackman notes how parent patrae didnt apply in Virginia v sibelius on the Hansen case.
narciso (d1f714) — 2/4/2017 @ 8:13 amNk and Dustin, your personal distaste of Trump is blinding you to the reality that you are siding with the leftist mob that wanted to kill you at Berserkly.
Congrats.
NJRob (126a79) — 2/4/2017 @ 8:19 amState apparently doesn’t know the law either. You would think its pat ifvthe foreign servicevtest
narciso (d1f714) — 2/4/2017 @ 8:20 am“So unlikely did the election of Donald Trump seem to Washington and its denizens that the reality of it still has not sunk in. All of the city’s worst traits—the self-regard, the group think, the obsessions with trivia, the worship of credentials, the virtue signaling, the imperiousness, the ignorance of perspectives and people from outside major metropolitan centers and college towns—not only persist. They have been magnified with Trump’s arrival. There is so much negative energy coursing through the city that circuits are overloaded. That the president still draws support from the coalition that brought him to office, that a fair number of people see his policies as commonsensical, seems not to affect any of Trump’s critics in the least. They will press on until Trump behaves like they want him to behave.”
http://freebeacon.com/columns/trump-short-circuits-washington/
Colonel Haiku (2601c0) — 2/4/2017 @ 8:24 am#59
Why would you expect State to know the law – 4 years of HRC , 4 years of Kerry, Tilleson has had only 4-5 days to drain the swamp.
Joe (debac0) — 2/4/2017 @ 8:26 amCheeseburger, no coke, Pepsi!
Colonel Haiku (2601c0) — 2/4/2017 @ 8:27 amGood find coronello.
narciso (d1f714) — 2/4/2017 @ 8:27 amPoint taken, this reads a little like the python sketch about Hungarian phrasebook but they are taking it cereal, shirley
narciso (d1f714) — 2/4/2017 @ 8:31 amCheeseburger, cheeseburger!
Cruz Supporter (102c9a) — 2/4/2017 @ 8:33 amBelushi like shreklinwas Albanian not Greek,
narciso (d1f714) — 2/4/2017 @ 8:39 amI think Trump’s executive order is legal and the judge is wrong. It doesn’t make me think that Trump is any better a person now than he was a year ago.
And it doesn’t make me like our country being driven in a 1973 Pinto because the cockroaches passed up the showroom with the 2016 Cadillacs and Lincolns and went to Rent-A-Wreck in the primary.
nk (dbc370) — 2/4/2017 @ 8:57 amSo there is a conflict of circuits, birotte threw gorton. Caught it, in Detroit well, and Seattle, yikes
narciso (d1f714) — 2/4/2017 @ 9:08 am1973 Pinto
This is unfair to Trump. Closer to a ’69 Charger previously driven by Bo and Luke.
Kevin M (25bbee) — 2/4/2017 @ 9:10 amYou know they used pontiac bonnevilles as the chaser cars on that show?
narciso (d1f714) — 2/4/2017 @ 9:14 amBTW, this is the Deep State in action.
First there was the passive-aggressive enforcement, where bureaucrats RF’d the implementation in random and pernicious ways.
Now we have the lawfare, which the WaPo blames on Trump and his “chaotic rollout.”
Next we’ll see if Trump has any decent lawyers, as it should be trivial to stay this junk order. I would expect the state’s claim of standing from one of their lawyers (what else are they going to claim), but judges are not supposed to be throwing stuff against the wall as well.
Kevin M (25bbee) — 2/4/2017 @ 9:15 amat least this part of Bush’s sad pathetic legacy isn’t getting any soldiers maimed or killed
happyfeet (28a91b) — 2/4/2017 @ 9:18 amDid you know that many of the cars they used in later years were AMC Ambassadors modded to look like Chargers? The show had caused a sell-out of the Charger, especially orange ones.
Kevin M (25bbee) — 2/4/2017 @ 9:19 amat least not so far
happyfeet (28a91b) — 2/4/2017 @ 9:19 amI suspect that John Sununu recommended this judge to Bush.
Kevin M (25bbee) — 2/4/2017 @ 9:20 amGorton possibly, is is a rove special, perhaps with input from the other gorton
narciso (d1f714) — 2/4/2017 @ 9:22 amThere is some resemblance. But the handling can’t be the same
narciso (d1f714) — 2/4/2017 @ 9:27 amWilliam Jacobson at Legal Insurrection describes the order as “absurd.”
Scott Johnson at Powerline has this to say:
“If the order had been submitted to me when I was teaching legal writing at the University of St. Thomas Law School in Minneapolis I would have agonized over whether to award it a D- for satisfying the the formal requirements (barely) or flunk it outright.”
ThOR (c9324e) — 2/4/2017 @ 9:27 amRebekah Lane:
This is why you should be commenting at The Jury Talks Back. The site now has Recent Comments and an enforced civil tone, as described here. Check it out.
Patterico (115b1f) — 2/4/2017 @ 9:28 ami make the good comments and so does Mr. nk this poor lady is suffering needlessly
these are the good times in America right now
we thought they’d never come again
we have a visionary leader what’s steadfast in his desire for freedom and prosperity and liberty and justice for all
we’re a nation what’s moving on up like the Jeffersons!
boy howdy it is so good
happyfeet (28a91b) — 2/4/2017 @ 9:34 amAnd in a day ending in y, noonan is packing.
narciso (d1f714) — 2/4/2017 @ 9:38 am“I suspect that John Sununu recommended this judge to Bush.”
Probably Murray, possibly Cantwell. The 9th is prone to blue slip specials.
Rick Ballard (0c6bf8) — 2/4/2017 @ 9:40 amSenatorial privilege or courtesy, whatever they call it these days. Any Senator has just about absolute veto power (something to do with a Blue Slip?) over a District Judge appointment in his state.
nk (dbc370) — 2/4/2017 @ 9:46 amI see Rick had already mentioned the Blue Slip.
nk (dbc370) — 2/4/2017 @ 9:47 amAny Senator has just about absolute veto power (something to do with a Blue Slip?) over a District Judge appointment in his state.
I suspect that this will change in places like the left coast.
Kevin M (25bbee) — 2/4/2017 @ 9:59 amFirst, they excised “our Posterity”. Then, they came for “the People”.
n.n (63b344) — 2/4/2017 @ 10:21 amSenator Dingdong Murray on Blue Slip Special
The use of “appointed by President X” in propaganda communiques does not impart particularly useful information wrt Federal judges actually appointed by a cloakroom Senatorial spoils system.
Rick Ballard (0c6bf8) — 2/4/2017 @ 11:10 amFederal judges actually appointed by a cloakroom Senatorial spoils system.
A swamp in need of draining.
Kevin M (25bbee) — 2/4/2017 @ 11:16 amWhen one of the Left’s shills in the judiciary behaves in a brazenly “illegal” and politicized way, as seems the case in Washington v. Trump, it puts whatever technical errors that may (or may not) exist in the “ban” in proper perspective. At worst, Trump’s ban was ham-handed; at best Robart’s stay is corrupt.
Who’s the Jeff Smith in this conflict?
ThOR (c9324e) — 2/4/2017 @ 11:27 amSenator Grassley out polled Trump by 126K votes in Iowa in November and does not face re-election until ’22. I sincerely doubt the protected Blue Slip habitat in the Senate Cloakroom Wetlands will be disturbed.
Rick Ballard (0c6bf8) — 2/4/2017 @ 11:35 amWe may be an “Army of Davids”, but they’ve got an army of Sally Yateses.
ThOR (c9324e) — 2/4/2017 @ 11:35 amI had just read the article at LawNewz linked by xsssx when I posted earlier in the thread. I’m not a lawyer, but the analysis in that article seems indisputable to me.
Not that the left’s judges care one little bit about valid analysis.
As for the Supreme Court, I’m sure the president doesn’t want to wait that long, but the four non-socialists on the Court must hold up the hearing of the appeal from the Appeals Court (assuming the 9th Circus pulls its usual crap) until after Goresuch is confirmed.
Evan3457 (9783e9) — 2/4/2017 @ 12:09 pmOr the EO could be withdrawn, rewritten to obviate the judge’s order and then reissued. Alternatively, Congress could take up amending the law to clarify and resolve the issues raised.
Upon confirmation, Sessions may want to consider a neutron bomb approach to the OLC. Clean slate and all that.
I believe this one should be chalked up to unforced error due to haste. It won’t be the last time it happens in the Bannon Administration.
Rick Ballard (0c6bf8) — 2/4/2017 @ 12:19 pmOr the EO could be withdrawn, rewritten to obviate the judge’s order
It would be a LOT easier if the judge’s order had a hint of why.
Kevin M (25bbee) — 2/4/2017 @ 1:47 pmAnyone who has not red the TRO decision ought to. It’s not long.
In it he speculates that there may be some economic harm to the State of Washington from some (again speculative) immigrants that, perhaps, might not be able to come to the state. On this he rests standing.
Then he says that because of the whichness of the why and the Constitution and our precious bodily fluids that the plaintiff has a likelihood of winning on the (completely unstated) merits and hence the government is restrained.
Kevin M (25bbee) — 2/4/2017 @ 1:51 pm*read
Kevin M (25bbee) — 2/4/2017 @ 1:51 pmThanks for that Kevin. He’s saying that through some magical prenumbras and emanations Washington state has a right to overturn federal immigration supremacy.
Amazing people take the law seriously anymore when judges just make ish up out of whole cloth.
NJRob (05d35d) — 2/4/2017 @ 4:39 pm