OT Travel Ban Ruling

On 10/02/17 04:55, jbeattie wrote:
On Thursday, February 9, 2017 at 6:29:32 PM UTC-8, David Scheidt
wrote:
AMuzi wrote: :On 2/9/2017 7:49 PM, jbeattie
wrote: : On Thursday, February 9, 2017 at 4:49:01 PM UTC-8,
DATAKOLL MARINE RESEARCH wrote: : Well, I was wrong again. I
thought the Ninth Circuit would let Trump waive the magic immigrant
exclusion wand: : : bonehead : :
https://www.youtube.com/watch?v=UfS5JTvv7hE&t=36s :

:Beyond parody:
:http://cdn.ca9.uscourts.gov/datastor...9/17-35105.pdf




:Citing 'rights' of foreign nationals (!) it looks as if the
:Ninth now holds that indeed the Constitution has become a :suicide
pact. You could not make this up.

It's well established constitutional law that permant residents
have rights under the constitution. the 9th circuit didn't make
that up.

I could analyze the opinion and opine, but I'm off work and drinking.


None of this stuff is made up, its just an alternative fact. I hope
they got it right, though, because we don't want another Bowling
Green massacre. Buy Ivanka!

Gosh! How much does she cost? I might be looking at a bulk discount
deal as well if the price is right.

Consider Japan vs Perry and Kimmel vs US

Our divergent analysis are worthy of anthropological study. That we traded east to west ? SO BUNDY !

I smell no move toward adjusting the EO into global reality suggesting a Malhuerian attitude. However the slum lord called what his name following gaming airspace problems.

We should be SO LUCKY !

Cheaper than yesterday

On 2/10/2017 12:00 AM, Tosspot wrote:
On 10/02/17 04:55, jbeattie wrote:
On Thursday, February 9, 2017 at 6:29:32 PM UTC-8, David
Scheidt
wrote:
AMuzi wrote: :On 2/9/2017 7:49 PM,
jbeattie
wrote: : On Thursday, February 9, 2017 at 4:49:01 PM UTC-8,
DATAKOLL MARINE RESEARCH wrote: : Well, I was wrong
again. I
thought the Ninth Circuit would let Trump waive the magic
immigrant
exclusion wand: : : bonehead : :
https://www.youtube.com/watch?v=UfS5JTvv7hE&t=36s :

:Beyond parody:
:http://cdn.ca9.uscourts.gov/datastor...9/17-35105.pdf





:Citing 'rights' of foreign nationals (!) it looks as if the
:Ninth now holds that indeed the Constitution has become
a :suicide
pact. You could not make this up.

It's well established constitutional law that permant
residents
have rights under the constitution. the 9th circuit
didn't make
that up.

I could analyze the opinion and opine, but I'm off work
and drinking.


None of this stuff is made up, its just an alternative
fact. I hope
they got it right, though, because we don't want another
Bowling
Green massacre. Buy Ivanka!

Gosh! How much does she cost? I might be looking at a bulk
discount
deal as well if the price is right.


Don't forget our Senior Discount rate.

--
Andrew Muzi
www.yellowjersey.org/
Open every day since 1 April, 1971

We could go in drag to a City Hall ...

Nuts on a Bench.

On Friday, February 10, 2017 at 6:55:22 AM UTC-8, Andre Jute wrote:
Nuts on a Bench.

Nuts on a Bench was Korematsu and Dred Scott.

The panel faults the EO for being over-broad and refuses to re-write it. The court didn't do what I thought it might -- strike down part of the TRO and uphold the rest, e.g. allow the part of the EO that deals with immigrants with no ties to the US.

The Donald could always fix the EO, tighten it up and re-issue it. He doesn't even need an EO. He can be like Carter and just issue a proclamation or directive to DHS/Attorney General. He has an Attorney General now, so why not use him. Instead of tweeting, he could just pick up the phone and actually do what presidents do: formulate policy with his cabinet. He should skip the flourishes and get down to work. But he would never skip a fight because, as we know, he won in a yuge landslide victory, etc., etc., etc. His people want him to fight! Go Donald, Go!

-- Jay Beattie.

On Friday, February 10, 2017 at 3:41:01 PM UTC, jbeattie wrote:
On Friday, February 10, 2017 at 6:55:22 AM UTC-8, Andre Jute wrote:
Nuts on a Bench.

Nuts on a Bench was Korematsu and Dred Scott.

The panel faults the EO for being over-broad and refuses to re-write it. The court didn't do what I thought it might -- strike down part of the TRO and uphold the rest, e.g. allow the part of the EO that deals with immigrants with no ties to the US.

The Donald could always fix the EO, tighten it up and re-issue it. He doesn't even need an EO. He can be like Carter and just issue a proclamation or directive to DHS/Attorney General. He has an Attorney General now, so why not use him. Instead of tweeting, he could just pick up the phone and actually do what presidents do: formulate policy with his cabinet. He should skip the flourishes and get down to work. But he would never skip a fight because, as we know, he won in a yuge landslide victory, etc., etc., etc. His people want him to fight! Go Donald, Go!

-- Jay Beattie.

It's more complicated than that, Jay. Here's an analysis by a thoughtful lawyer who has been following this closely, David French, who calls it "a dangerous ruling":
http://www.nationalreview.com/articl...ling-dangerous
But you don't need Mr French's explanation to grasp that under these bench-made rules, which French lists, the President will not be able to perform one of his functions, national security. Mr Trump will have to fight this all the way to the Supreme Court, or bypass it effectively as you suggest.

The one thing Mr Trump cannot do is let it pass.

Andrew Jackson knew how to deal with obstreperous judges:
http://www.nationalreview.com/articl...did-much-worse

Andre Jute
The judges were always on my side. But the politicians who wanted to kill me were tiresome.

On Friday, February 10, 2017 at 8:29:42 AM UTC-8, Andre Jute wrote:
On Friday, February 10, 2017 at 3:41:01 PM UTC, jbeattie wrote:
On Friday, February 10, 2017 at 6:55:22 AM UTC-8, Andre Jute wrote:
Nuts on a Bench.

Nuts on a Bench was Korematsu and Dred Scott.

The panel faults the EO for being over-broad and refuses to re-write it.. The court didn't do what I thought it might -- strike down part of the TRO and uphold the rest, e.g. allow the part of the EO that deals with immigrants with no ties to the US.

The Donald could always fix the EO, tighten it up and re-issue it. He doesn't even need an EO. He can be like Carter and just issue a proclamation or directive to DHS/Attorney General. He has an Attorney General now, so why not use him. Instead of tweeting, he could just pick up the phone and actually do what presidents do: formulate policy with his cabinet. He should skip the flourishes and get down to work. But he would never skip a fight because, as we know, he won in a yuge landslide victory, etc., etc., etc.. His people want him to fight! Go Donald, Go!

-- Jay Beattie.

It's more complicated than that, Jay. Here's an analysis by a thoughtful lawyer who has been following this closely, David French, who calls it "a dangerous ruling":
http://www.nationalreview.com/articl...ling-dangerous
But you don't need Mr French's explanation to grasp that under these bench-made rules, which French lists, the President will not be able to perform one of his functions, national security. Mr Trump will have to fight this all the way to the Supreme Court, or bypass it effectively as you suggest.

The one thing Mr Trump cannot do is let it pass.

Andrew Jackson knew how to deal with obstreperous judges:
http://www.nationalreview.com/articl...did-much-worse

Andre Jute
The judges were always on my side. But the politicians who wanted to kill me were tiresome.

You should broaden your horizons beyond the National Review. Amazingly, though, French and I mostly agree:

"So, what should the administration do? It should think long and hard — especially given its own considerable mistakes — before galloping to the Supreme Court. Victory is far from assured, and a tie in the eight-member Court would uphold the Ninth Circuit’s dreadful decision. Rather than risk making terrible law, perhaps the administration should redraft its order, lay the proper foundation, and fight from higher ground. This fight goes beyond the politics of the moment and could impact national security for years to come. If it continues in confusion and haste, the administration may well lose more than a news cycle. If the administration slows down, it increases the chance of victory and of preserving important presidential prerogatives."

Re-draft the F'n order. Pretty simple. Back and fill, create a record to support the order. Done.

It's like Trump has one tool -- a screw driver -- and keeps trying to use it as a hammer, wrench and drill. There are other tools that will get the job done. He needs to learn what's in his tool kit. This is what happens when you elect some guy who has never even been on a school board.

-- Jay Beattie.