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17-35105 State of Washington v. Trump 3:00 PM 2/7 Oral arguments to the 9th circuit

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posted on Feb, 9 2017 @ 07:21 PM
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a reply to: Indigo5

No they cited the right case and even the 9ths ruling supports the governments position by making numerous references to political questions. If the political question standard is met, the federal courts have no jurisdiction as its a political question reserved to the voters. Something the 9th ignored.




posted on Feb, 9 2017 @ 07:22 PM
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a reply to: Indigo5

and Scotus will over turn the 9ths ruling as they overstepped their authority, along with the district judge.



posted on Feb, 9 2017 @ 07:28 PM
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originally posted by: Xcathdra
a reply to: Indigo5

and Scotus will over turn the 9ths ruling as they overstepped their authority, along with the district judge.


SCOTUS will slap it down hard...bipartisan ruling...Trump is not king.

DOJ knows the same...it's why they are mumbling right now when asked if they plan on appealing to SCOTUS.



posted on Feb, 9 2017 @ 07:28 PM
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* - Feb 9, 2017 - The Ninth Circuit Is the 'Most Overturned Court in the U.S.'


The 9th Circuit Court of Appeals, based in San Francisco, has been a target of Republicans for decades.

It routinely is the most overturned court in the U.S. In 2012, the Supreme Court reversed 86 percent of the rulings it reviewed from the ninth.

Perhaps the most controversial decision was striking down the Pledge of Allegiance due to the phrase “under God.”It also ruled citizens have no constitutional right to own guns and is often over-ruled when showing its disdain for capital punishment.

Critics deride the court, calling it the “Ninth Circus” and the “Nutty Ninth.”


* - 2014 - Ninth Circuit Leading the Pack for ‘Most Reversed’

* - ‘Liberal’ Reputation Precedes Ninth Circuit Court



posted on Feb, 9 2017 @ 07:29 PM
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a reply to: Indigo5

The appeal is based on the unconstitutionality of the district and appeals courts ruling. Scotus will reverse the rulings and will cit4e the cases the 9th and the district judge ignored.



posted on Feb, 9 2017 @ 07:33 PM
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a reply to: Xcathdra

Practically everything I am reading tonight is showing the ninth district has been wrong wrong wrong all the way around.
I heard that 90% of their cases are overturned.

Why are they so ignorant of law? I don't understand how they can be wrong on so many things so much of the time.

Are they really that ignorant? Maybe EPA needs to check the water out there.



posted on Feb, 9 2017 @ 07:36 PM
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a reply to: queenofswords

Yes they are that bad.. This is the same 9th circuit that ruled gun ownership is not a constitutional right. They are ignoring the constitution, allowing states to have standing when they have no in matters of foreign policy / national security, improperly allowed the states to file on behalf of others.. I can keep going (and I know others see it differently).

Reading the 9ths ruling scotus will have an easy time reversing their ruling.
edit on 9-2-2017 by Xcathdra because: (no reason given)



posted on Feb, 9 2017 @ 07:40 PM
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a reply to: Xcathdra

LOL...Nice Sources..

I'll google more later, but right off the bat, my first return was a Pro-2nd Amendment site praising them

BREAKING: 9th Circuit Rules Second Amendment Includes Right to Acquire Firearms!
www.thetruthaboutguns.com...



posted on Feb, 9 2017 @ 07:41 PM
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a reply to: Xcathdra

You would think professional pride would cause them to be ashamed of their record. How do they hold their heads up when they win only 10 out of 100 cases.

I really don't get it. The only thing I can think of is that the Constitution means nothing to them. But, people like this can really screw up the works. Scary!



posted on Feb, 9 2017 @ 07:42 PM
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originally posted by: queenofswords
a reply to: Xcathdra

Practically everything I am reading tonight is showing the ninth district has been wrong wrong wrong all the way around.
I heard that 90% of their cases are overturned.



.09%...less than one percent of all their cases have been over-turned..

Maybe everything you are reading showing the 9th was "wrong wrong wrong" has to do with the kind of "news" you are reading..



posted on Feb, 9 2017 @ 07:43 PM
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IS the 9th circuit simply an arm of the DNC?



posted on Feb, 9 2017 @ 07:46 PM
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a reply to: Indigo5

I read the whole thing and is base on monetary problems to the states also it only mentions those with visas issue to them already.

It comes short to demonstrate that any religious rights has been violated and that what the EO does is unconstitutional.

Also the circuit is denying taking away from the powers of the executive and legislative branch because they are mostly basing their findings and opinions on the rights of states, but when it comes to states that is for the legal citizens of the states no for none citizens.

Is a lot blah, blah, blah, but nothing really explained, more like interpreted, base on the states rights and complains.

This is heading to the supreme court, as the 9th circuit denied is actually taking the powers from the legislative and executive branch in the matters of laws and enforcing them they actually contradict themselves,

The Legislative branch is outside the scope of the judicial branch when it comes to making laws and enforcing them


I can not wait to see the final decision of the supreme court.



posted on Feb, 9 2017 @ 07:46 PM
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a reply to: jellyrev

No, they just did what I was expecting them to do, they are leaving the whole mess to the Supreme court to decided.



posted on Feb, 9 2017 @ 07:47 PM
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a reply to: Indigo5

Source for the .09% please.



posted on Feb, 9 2017 @ 07:50 PM
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a reply to: queenofswords

They didn't base their decision on constitutionality, but on the rights of states, to control travel within their borders, on financial distress as in commerce within their borders with other states, what they are not mentioning is that only apply to legal citizens from other states, no foreigners and none legal citizens.



posted on Feb, 9 2017 @ 07:54 PM
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a reply to: marg6043

The fact they cited the 2006 Boumediene vs Bush demonstrates they are lacking in base for their rulings. That case dealt with a non citizen who was in US military custody at Guantanamo Bay. The 2006 Military Commission Act was struck down in part because it removed the federal courts from review of military court / tribunal rulings. The act violated the Constitution because the Supreme Court is the highest court and is also over military courts.

That ruling has no bearing on the governments position the federal courts have no jurisdiction. Even in the ruling they cite the political question several times yet ignored the scotus ruling that said if its based on a political question the federal courts have no jurisdiction

The 9th will keep its record of most overturned appeals circuit.



posted on Feb, 9 2017 @ 07:55 PM
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originally posted by: Indigo5

originally posted by: queenofswords
a reply to: Xcathdra

Practically everything I am reading tonight is showing the ninth district has been wrong wrong wrong all the way around.
I heard that 90% of their cases are overturned.



.09%...less than one percent of all their cases have been over-turned..

Maybe everything you are reading showing the 9th was "wrong wrong wrong" has to do with the kind of "news" you are reading..


I heard 90% tonight on one of the news programs....don't remember which one it was.

Going to research more tonight. This source gives two different percentages at 60% and 79% from a few years ago. It may be 90% for more recent years. I'm going to look at their record a little more deeply tonight.


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.

Read more at: www.nationalreview.com...



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.

Read more at: www.nationalreview.com...




posted on Feb, 9 2017 @ 08:06 PM
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a reply to: Xcathdra

I took the time to read, I see what they did, they just wrote a lot of interpretation but really can not base their ruling on unconstitutionality and neither on religious rights, because they only apply to American citizens, not foreigners in other lands.

This is just typical, let those that think this a victory celebrated.

But in reality they did what they were geared to do, interrupt the ban and send it to the supreme court.

The US government still have the right to deny any new visas to the countries that were in the original ban.

What they are going to have problems is with those visas that were already issue and green cards.



posted on Feb, 9 2017 @ 08:10 PM
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a reply to: marg6043

Green cars and visas can be revoked and if the people are outside the US they have no rights to appeal the government decision.

I agree the 9th did a lot of interpreting - incorrectly I might add. All the cases they cite deal with people inside the US or somehow in US custody (military). The precedent the 9th just created is a dangerous one, allowing states to interfere in constitutional authority granted solely to the federal government - National security and Foreign policy. There are now 46 cases filed regarding the EO. All it takes is for one appeals circuit to issue a contrary ruling.

Scotus will reverse their ruling.
edit on 9-2-2017 by Xcathdra because: (no reason given)



posted on Feb, 9 2017 @ 08:25 PM
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a reply to: Xcathdra

I am sure they will do too, it is interesting that the 9 circuit court cite the Fifth amendment but what they forgot to add is that it only applies to citizens of the US, no foreigners none citizens.

like you point out if you read this the way it was written it seems that is a lot of argument to enemies combatant, that makes no freaking sense, it seems that is parts they just cut and pasted from other sources.

Then they also base that the courts can review the powers of the government on immigration base on the rights of American-Arab Anti-Discrimination committee, hell this only for those that are American citizens of Arab background.

I tell you they just took a lot of crap and put it together in one day.



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