http://www.huffingtonpost.com/entry/trump-travel-ban-blocked_us_58c99d18e4b00705db4bc38f
Report from HuffPost:
“A federal judge in Hawaii has placed a nationwide hold on key aspects of President Donald Trump’s second attempt at a ban on travel ― a scaled-back version that targeted all non-visa holders from six Muslim-majority countries, as well as a halt on the U.S. refugee resettlement program ― just hours before the new restrictions were to take effect.
U.S. District Judge Derrick Watson said sections of the new travel order likely amounted to a violation of the First Amendment’s establishment clause, which forbids the government from disfavoring certain religions over others.
Watson gave short shrift to the Trump administration’s argument that the new restrictions applied to a “small fraction” of the world’s 50 predominantly Muslim nations ― and thus could not be read to discriminate Muslims specifically.
“The illogic of the Government’s contentions is palpable,” Watson wrote. “The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed.”
The judge also discarded the government’s defense that the text of the new executive order was silent on religion, supposedly solving constitutional defects identified by courts with the first order.
“Any reasonable, objective observer would conclude … that the stated secular purpose of the Executive Order is, at the very least, secondary to a religious objective of temporarily suspending the entry of Muslims,” Watson wrote.”
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Here is Judge Watson’s written decision in State of Hawaii v. Trump:
http://www.hid.uscourts.gov/files/announcement142/CV17-50%20219%20doc.pdf
More bad news for the Administration — the Third Circuit has enjoined the removal of an Afghani interpreter with a visa who was denied admission and allegedly “withdrew” his application. Read about it in the WashPost here:
https://www.washingtonpost.com/national/immigration-authorities-to-deport-afghan-man-who-helped-us-government/2017/03/15/a7eecb9a-098e-11e7-a15f-a58d4a988474_story.html?hpid=hp_rhp-banner-main_travelban1010am:homepage/story&utm_term=.051c21ef8afe
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It’s early in the game on the Administration’s uncompromisingly hard line approach to immigration issues. So far, however, they have racked up an impressive string of losses from coast to coast from Article III Judges all across the spectrum.
In other words, the bombastically inappropriate statements made by Trump and his advisors have “poisoned the well,” and the Administration is probably going to find it difficult to “un-poison” it. And, as long as guys like Bannon, Sessions, Miller, and Kobach are calling the shots, that might never happen.
As some have suggested, perhaps the President and his advisors need a type of “Executive Miranda Warnings” before they shoot off their mouths (or their Twitters) in public: “Everything you say (or Tweet) can and will be used against you.”
The next stop for “Travel Ban 2.0” probably will be the 9th Circuit. But, since the Administration already lost there on its appeal of the TRO in State of Washington v. Trump, I wouldn’t hold my breath waiting for the 9th Circuit to lift the TRO. Like President Obama with the “DAPA Fiasco,” President Trump is learning that U.S. District Judges wield considerable power in our system. As one of my colleagues once said, “U.S. District Judges are the last living potentates.”
None of this bodes well for the Administration’s next ill-advised plan — to ramp up removals, increase the use of immigration detention, maximize “expedited removal,” and reduce what’s left of the U.S. Immigration Court to the equivalent of two-shift assembly line workers churning out removal orders. Chances are that the Article III Courts are going to have something to say about that too. And, unless the Administration moderates its approach, it’s not likely to be anything they like.
PWS
03/15/17
Watch Mango Mussolini insult and threaten the 9th Circuit after the Hawaii federal judge ruled against him on the second EO. And his ditto heads nodding their heads? See video at http://www.cnn.com/2017/03/15/politics/travel-ban-blocked/index.html I doubt he got that idea from Dale Carnegie’s “How to Make Friends and Influence Others”.
I am so proud of being an American! Land of the free and home of the brave. Not land of the docile and home of the obedient. Another “new birth of freedom”, as Lincoln promised at Gettysburg. . Even Dershowitz admitted that like me, he thinks the second EO is facially valid. But the Supreme Court could go either way and examine Trump’s intent.
Just waiting for a Patton to arrive and save the day for America. Meanwhile USA’s “grunts” will continue to frustrate Mango at every step and use up his political capital. Like the GIs who sacrificed their lives at St. Vith to slow down the German Panzers during the Battle of the Bulge. Soon it will warm up and many Trumpians will crawl back under their rocks to avoid sunlight. And watch demolition derby and WWF, their favorite TV shows.
As the American General Anthony McAuliffe at Bastogne said in his one word reply when the Germans demanded he surrender. He said “Nuts” and Patton responded “A man that articulate must be saved” “Nuts”? Sounds appropriate when talking about Mango!
Thanks, Gus, for your comment!
Unfortunately, our President is a bully with an anti-immigrant agenda who has surrounded himself with a number of individuals whose views coincide with white supremacist, white nationalist, and anti-immigrant groups (regardless of whether they themselves are members of those groups or acknowledge that their views are compatible). He also has shown neither an understanding of nor a regard for the U.S. Constitution, particularly separation of powers. He has totally “dissed” the need for fairness and due process.
Therefore, it is important to stand up and resist his overreach. I realize he has lots of support. But, that doesn’t make him right.
And, no matter what fictions he spins, he wasn’t the choice of the majority of Americans who bothered to vote. He’s also done nothing to indicate that he has any real interest in reaching out to the majority who did not vote for him. He has decided to be the President of a minority of Americans and to rule by fiat in their name.
That being said, just opposing Trump and the extreme wing of the GOP isn’t enough. Opponents have to come up with some positive programs that solve problems for and appeal to at least some of those who voted for Trump. Otherwise, he conceivably could be a two-term President without ever commanding the support of a majority of Americans.
Best,
PWS
Yes. Trump is the least qualified President both in knowledge and temperament. As a leans-GOP who turned #neverTrump, I have minority views on economic issues and specially the Chicken Little Climate Change Cult. I still hope somehow we get 3+% economic growth, like when I came to the US in 1962.
JFK’s taxcuts gave us 3 straight years of 3+ growth, and Americans tackled lots of pending hard issues. We went to the moon, too, like JFK promised. And LBJ and Nixon delivered! Bipartisanship.
But my reference to St. Vith during the Battle of the Bulge is apt. Who would have thought that our State Attorney Generals would draw first blood? And isn’t Congressman Adam Schiff starting to look a lot like a Jimmy Stewart nice patriot as he becomes the face of reason when Congress investigates Russia, Wiretaps and Tweets? See