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The U.S. Court of Appeals for the 9th Circuit on Monday upheld a block on Trump’s executive order that sought a 90-day travel ban to the U.S. for most nationals of six Muslim-majority nations and to suspend all refugee resettlement for 120 days. In doing so, the court cited one of Trump’s tweets ― and the fact that the White House acknowledged last week that they can be considered “official statements” of the administration.
he ruling said that Trump’s order “does not provide a rationale explaining why permitting entry of nationals from the six designated countries under current protocols would be detrimental to the interests of the United States.” It also says the order “does not tie these nationals in any way to terrorist organizations within the six designated countries. It does not identify these nationals as contributors to active conflict or as those responsible for insecure country conditions. It does not provide any link between an individual’s nationality and their propensity to commit terrorism or their inherent dangerousness.”
originally posted by: TinySickTears
Appeals Court ruling cites the president’s own words.
people(the courts, etc) are going to hang on everything he says.
maybe he should learn not to say so much....
that was probably not a good idea
The Supreme Court rarely takes cases where a lower court was simply incorrect. There usually must be some other reason for the Supreme Court to take the case, such as to correct a difference in opinion between the courts of appeals, to resolve a question that has confused or misled lower courts, or sometimes just because the case is too important to ignore. Within these boundaries, it is generally easier to convince the Supreme Court that it should take a case when the court of appeals got it wrong. That means that in general, we ought to expect the Supreme Court to reverse more often than it affirms. But as Court-watchers know, even with these qualifications, the Ninth Circuit has a reputation as a magnet for the high court’s negative attention.
originally posted by: burdman30ott6
The 9th Circuit Court is a goddamned joke. A real circus court, if you will. The SCOTUS will ultimately uphold Trump's ban and may well slap the 9th hard in the process, as no lower court has the power to block any action the POTUS has authorized under the guise of National Security, nor is there any precedent for those lower courts to block the action while demanding the White House prove a National Security claim. The 9th is in dangerous waters here, regardless of whether you're a Dem or a Republican, as they've broken ground on a practice that could easily upset future apple carts if the SCOTUS allows it to stand.