Analysis of 9th Circuits 3-Judge Panel Decision - Headed for a Real Mess?

[prambo]

Seems to be a good analysis. The last 3-4 paragraphs offer a solution - IMHO, we are headed for a "constitutional crisis" and the Supreme Court. If they uphold the 9th Circuit, the next step for Trump is one nobody wants.

Blog: A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power

 

[Jmac00]

Washington State is saying that by NOT letting refugees in, it hurts their economy????

I will disagree and say letting the refugees in HARM AMERICA, by taking jobs from Americans.

AND once again the court is using personal opinion and political points of view to guide their decisions

this is wholly wrong on many levels

 

[ArmedCorgi]

Is there any recourse for this kind of abuse of judicial power?

 

[ProgSpear]

Is there any recourse for this kind of abuse of judicial power?

Yup. He could cite 8 U.S.C. § 1182(f) and tell them to go pound sand. Wait until Gorsuch is confirmed, and then let the lefty asshat's try it in SCOTUS. 9th circus is overturned 80% of the time by SCOTUS. Fuk'm
8 U.S. Code § 1182 - Inadmissible aliens
9th Circuit Has 80 Percent Reversal Rate At Supreme Court

 

[NirvanaFan]

Washington State is saying that by NOT letting refugees in, it hurts their economy????

I will disagree and say letting the refugees in HARM AMERICA, by taking jobs from Americans.

AND once again the court is using personal opinion and political points of view to guide their decisions

this is wholly wrong on many levels

I could see it hurting their economy. Washington grows something like 2/3rds of the nations apples. Apple harvesting (and trimming) is very labor intensive and immigrants will work crappy jobs for less money than native people.

 

[Phazer]

Is there any recourse for this kind of abuse of judicial power?

9th Circuit Court Gets Some BAD News After Ruling Against Trump’s Travel Ban

Conservative Tribune reported that two Republican senators have presented a bill to congress that would break up the 9th Circuit’s geographical purview. The legislation would carve six states out of the San-Francisco-based court’s jurisdiction to create a new 12th Circuit.

The bill was introduced by Sens. Jeff Flake and John McCain, and it would put the states of Nevada, Washington, Idaho, Montana, Arizona and Alaska in a new court. Flake told Fox this week that the bill isn’t politically motivated and that it is instead meant to address long backlogs in the court.

“It represents 20 percent of the population — and 40 percent of the land mass is in that jurisdiction. It’s just too big,” Flake said. “We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just don’t have it.”​

 

[Deplorable Me]

Between the activist judges and the children who riot when decisions don't go their way I think we're about 5 minutes shy of anarchy. I'm going to buy a snow plow and hone it.

 

[livingston]

I could see it hurting their economy. Washington grows something like 2/3rds of the nations apples. Apple harvesting (and trimming) is very labor intensive and immigrants will work crappy jobs for less money than native people.

I doubt very many folks from the countries that have the 90 day moratorium in place would be picking very many apples or even working for apple ....just saying...

 

[Jmac00]

I could see it hurting their economy. Washington grows something like 2/3rds of the nations apples. Apple harvesting (and trimming) is very labor intensive and immigrants will work crappy jobs for less money than native people.

they still have to pay the same wage? but a lot of the picking is done by machine and they are developing machines to do the job more efficiently

AND, how many middle eastern people pick apples????

 

[ProgSpear]

9th Circuit Court Gets Some BAD News After Ruling Against Trump’s Travel Ban

Conservative Tribune reported that two Republican senators have presented a bill to congress that would break up the 9th Circuit’s geographical purview. The legislation would carve six states out of the San-Francisco-based court’s jurisdiction to create a new 12th Circuit.

The bill was introduced by Sens. Jeff Flake and John McCain, and it would put the states of Nevada, Washington, Idaho, Montana, Arizona and Alaska in a new court. Flake told Fox this week that the bill isn’t politically motivated and that it is instead meant to address long backlogs in the court.

“It represents 20 percent of the population — and 40 percent of the land mass is in that jurisdiction. It’s just too big,” Flake said. “We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just don’t have it.”​

And 51 votes should be enough. I REALLY want to see Schmuckie Chumer cry for real.

 

[livingston]

If we had the court broken up before this ruling .. They still would have shopped for the "best liberal judge to rule on this ... "

 

[livingston]

WOW! Left-Wing 9th Circuit Court Of Appeals Is The Most Overturned Court In The USA
National Review reports:


Although recent years have seen other circuits competing with the Ninth Circuit for the title of “Most Reversed,” the Ninth still appears to hold the unquestioned title. The Ninth Circuit’s best showing in recent years was October Term 2009, with a 60 percent reversal rate in the 15 cases on which certiorari was granted. The Sixth Circuit got the prize for highest reversal rate that year, with seven cases resulting in seven reversals, while the Seven Circuit came in a close second (91 percent reversal rate in eleven cases).

But in 2010, perhaps seeking to reclaim its position at the top of the heap, the Ninth Circuit was reversed a startling 19 times (79 percent), three times as many reversals as most circuits had cases before the Supreme Court. The same pattern continued in the 2011 (71 percent) and 2012 terms (86 percent), when the Ninth Circuit was reversed more than twice as many times as most circuits had cases before the Court.

WOW! Left-Wing 9th Circuit Court Of Appeals Is The Most Overturned Court In The USA

The Liberal Media is celebrating now.

But don’t worry.

 

[NirvanaFan]

they still have to pay the same wage? but a lot of the picking is done by machine and they are developing machines to do the job more efficiently

Would you pick apples for minimum wage? I sure as hell wouldn't. Most apples are still picked by hand.

AND, how many middle eastern people pick apples????

no clue. How many? Washington declared an emergency a few years back so they could bring in prisoners to pick.

 

[Robin]

Federal judge in Seattle temporarily blocks Trump's travel ban nationwide

 

[prambo]

I doubt very many fmenolks from the countries that have the 90 day moratorium in place would be picking very many apples or even working for apple ....just saying...

My thoughts exactly - the Germans have found them largely unemployable. These are predominately "military age" males. The claim that most are old men, women and children is completely bogus.

If these agricultural jobs are low paying and seasonal, the least they could do is hire people from this hemisphere. Mexican agricultural workers should be given an avenue to do these jobs.

Bringing people from the Mooselimp countries as potentially good workers is fiction.

 

[Podmonkey]

Yup. He could cite 8 U.S.C. § 1182(f) and tell them to go pound sand. Wait until Gorsuch is confirmed, and then let the lefty asshat's try it in SCOTUS. 9th circus is overturned 80% of the time by SCOTUS. Fuk'm
8 U.S. Code § 1182 - Inadmissible aliens
9th Circuit Has 80 Percent Reversal Rate At Supreme Court

Then Trump had better do it! He needs to start shutting down these liberal scum!

 

[Catskillkid]

Apple akbar?
Apu akbar?

Great, now we're going to have one set of migrants complaining about another set taking their jobs. I guess it all comes full circle eventually.

 

[Podmonkey]

WOW! Left-Wing 9th Circuit Court Of Appeals Is The Most Overturned Court In The USA
National Review reports:


Although recent years have seen other circuits competing with the Ninth Circuit for the title of “Most Reversed,” the Ninth still appears to hold the unquestioned title. The Ninth Circuit’s best showing in recent years was October Term 2009, with a 60 percent reversal rate in the 15 cases on which certiorari was granted. The Sixth Circuit got the prize for highest reversal rate that year, with seven cases resulting in seven reversals, while the Seven Circuit came in a close second (91 percent reversal rate in eleven cases).

But in 2010, perhaps seeking to reclaim its position at the top of the heap, the Ninth Circuit was reversed a startling 19 times (79 percent), three times as many reversals as most circuits had cases before the Supreme Court. The same pattern continued in the 2011 (71 percent) and 2012 terms (86 percent), when the Ninth Circuit was reversed more than twice as many times as most circuits had cases before the Court.

WOW! Left-Wing 9th Circuit Court Of Appeals Is The Most Overturned Court In The USA

The Liberal Media is celebrating now.

But don’t worry.

Then that is a symptom that the 9th circut is defective. It should be desolved. Pass whatever legislation is necessary, I don't care how draconian, to depoliticize the courts.

 

[Gunright]

Even better, make the 9th cover the pacific islands and HI, and keep the current judges assigned to those areas. Break the rest of the 9th up into two pieces, and start putting new judges there.

Congress has ALL OF THE POWER necessary to do this. All inferior courts (i.e. everything except the supreme court) is under congresses ability to setup and determine (as per Article III, section 1): "The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."

 

[Podmonkey]

Even better, make the 9th cover the pacific islands and HI, and keep the current judges assigned to those areas. Break the rest of the 9th up into two pieces, and start putting new judges there.

Congress has ALL OF THE POWER necessary to do this. All inferior courts (i.e. everything except the supreme court) is under congresses ability to setup and determine (as per Article III, section 1): "The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."

Fine, then the 9th should be held at the mercy of congress. This disentangle terrorists must be brought to heel or forced out. This administration and the replica contoured congress must do everything and anything they can to break the regressive hold on this country. Either the government will or we the people must.

 

[livingston]

Ninth Circuit Court Now Demands It Be Protected From Itself
Oh, the winning… it’s often too funny. The Ninth Circuit Court of Appeals is now independently, on its own impetus, requesting an internal vote on a full panel en blanc hearing to review its own decision.

Additionally, the full ninth are asking the Trump administration to file an additional brief telling the court why the three member original appeals ruling authority was wrong. In essence, the smart judges know what wasn’t considered, and are now looking for an out.

You just can’t make this stuff up.

Prior to expanding the conversation, allow us to set the current stage with a few tweet optics:


Wait, wha… huh? Yes, that’s the 9th circuit requesting its own judicial membership ruling to be reviewed by the entire larger 9th circuit appeals court panel. Ya think maybe they recognize they just jumped head-first into showcasing their own insufferable moonbattery…

Ninth Circuit Court Now Demands It Be Protected From Itself…

 

[livingston]

The Failure of the 9th Circuit to Discuss 8 U.S.C. 1182(f) Allowed It To Ignore Justice Jackson’s Youngstown Framework
The Failure of the 9th Circuit to Discuss 8 U.S.C. 1182(f) Allowed It To Ignore Justice Jackson’s Youngstown Framework
Feb 10, 2017 |

This morning, my worlds collided as Donald Trump tweeted (without any context) a sentence from Ben Wittes’s post on Washington v. Trump.



Once again, Trump has stumbled into an important jurisprudential point. The fact that the President is exercising powers given to him from Congress, augmented by his own inherent authorities, indicates we are in Justice Jackson’s first tier from Youngstown, where judicial scrutiny is at its minimum.

8 U.S.C. § 1182(f) allows the President to deny “entry” to “classes of aliens” he deems “detrimental to the interests of the United States.” (For a discussion of this provision, see Part II of my series).

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.
During his remarks on Wednesday, President Trump–in his own crude fashion–engaged in statutory interpretation and offered an articulation of Justice Jackson’s framework (with a fascinating detour on gender pronouns in statutes):

But I’m going to read what’s in dispute, what’s in question. And you will see this — it’s INA 212(f) 8 U.S.C. 1182(f): “Suspension of entry or imposition of restrictions by the President” — okay, now, this isn’t just me, this is for Obama, for Ronald Reagan, for the President. And this was done, very importantly, for security — something you people know more about than all of us. It was done for the security of our nation, the security of our citizens, so that people come in who aren’t going to do us harm.

And that’s why it was done. And it couldn’t have been written any more precisely.

 

[Podmonkey]

Just throw the fuckers in prison!

 

[livingston]

Trump will win .. Liberal judges cannot follow the rule of law.

But I’m going to read what’s in dispute, what’s in question. And you will see this — it’s INA 212(f) 8 U.S.C. 1182(f): “Suspension of entry or imposition of restrictions by the President” — okay, now, this isn’t just me, this is for Obama, for Ronald Reagan, for the President. And this was done, very importantly, for security — something you people know more about than all of us. It was done for the security of our nation, the security of our citizens, so that people come in who aren’t going to do us harm.

 

[Podmonkey]

Trump will win .. Liberal judges cannot follow the rule of law.

Is that not criminal of itself? The government needs to start handing out prison terms for all these liberal lawbreakers.

 

[livingston]

If President Trump does nothing, the underlying challenges to the Executive Order continue forward in the courts, while he gets his SCOTUS pick -Gorsuch- on the bench. If he so chooses, the DOJ can eventually bring the case to the Supreme Court, where almost everyone admits the Ninth Circuit and Judge Robarts decision will be overturned and all of the protestation from the left will have been for naught.

In the interim of the slow case proceeding, ANY instance of violence and terrorism provides President Trump the opportunity to use his bully pulpit -and Twitter- to hang the occurrence, foreign or domestic, like a millstone around the neck of Democrats up for elected office in 2018.

There is no downside on the domestic security agenda for President Trump; however, the Democrats are fraught with fear that something might just happen. Ultimately, THIS, the politics behind the entire construct, is the reason for the ninth circuit tonight asking for an en blanc hearing of their own judicial ruling.
Ninth Circuit Court Now Demands It Be Protected From Itself…

 

[livingston]

“The entire professional left and Democrat party are on display trying to block President Trump from protecting the American people. As a direct consequence they own any negative outcomes, including any act of terrorism, that might happen in the next several months.”

 

[Podmonkey]

If President Trump does nothing, the underlying challenges to the Executive Order continue forward in the courts, while he gets his SCOTUS pick -Gorsuch- on the bench. If he so chooses, the DOJ can eventually bring the case to the Supreme Court, where almost everyone admits the Ninth Circuit and Judge Robarts decision will be overturned and all of the protestation from the left will have been for naught.

In the interim of the slow case proceeding, ANY instance of violence and terrorism provides President Trump the opportunity to use his bully pulpit -and Twitter- to hang the occurrence, foreign or domestic, like a millstone around the neck of Democrats up for elected office in 2018.

There is no downside on the domestic security agenda for President Trump; however, the Democrats are fraught with fear that something might just happen. Ultimately, THIS, the politics behind the entire construct, is the reason for the ninth circuit tonight asking for an en blanc hearing of their own judicial ruling.
Ninth Circuit Court Now Demands It Be Protected From Itself…

So we are all bait to lure the Democrat head into the noose? Fine then. But in return I demand to be given let to defend myself without hinderance.

 

[livingston]

So we are all bait to lure the Democrat head into the noose? Fine then. But in return I demand to be given let to defend myself without hinderance.

 

[Podmonkey]

View attachment 8831

On second thought, I don't really need permission so............