Trump Travel Ban Blocked

[Bertrum]

Off we go again
http://www.bbc.co.uk/news/world-us-canada-39287656

[anneasquith]

Hardly Hicksville :-)

[vetuste_ennemi]

The legal validity of this and the previous executive order is the following (I'm quoting from the Washington Post):

'In Title 8, Section 1182 of the U.S. Code, the president has authority to use a proclamation to suspend the entry of [i]“any aliens or of any class of aliens into the United States [who] would be detrimental to the interests of the United States,” for however long he deems necessary. This provision was included in the Immigration and Nationality Act of 1952.section 301 of title 3, United States Code.'.

Why anybody would object to this [iin principle] I cannot understand. For instance, if there were large numbers of Germans seeking residence in the 1930s you might very well chosen to discriminate between those Germans who were fleeing persecution (the Jews) and those Germans who were Nazis or Nazi sympathisers. In this context who could reasonably have claimed that this discrimination was unconstitutional? I would argue that such discrimination would have met the standards of both compassion and prudence.

I don't think that Section 1182 is mentioned in the original order suspending the EO but I may be wrong. The article I've quoted (appearing under the heading which I can't help maliciously renaming to "Faked Checker") attempts to deal with this argument. Here's the full article:

https://www.washingtonpost.com/news/fact-checker/wp/2016/06/15/donald-trumps-almost-true-claim-that-the-president-has-power-to-ban-any-class-of-persons/?utm_term=.1a976e957859

[EDDIE51]

US Supreme court Judges are appointed by the President but once appointed they serve for life they can not be dismissed or 'sacked' by anyone. Trump has just appointed the final supreme court judge as the court was one judge short of the required total. However the new judge has already been severely critical of Trump. It is VERY far from certain that Trump would win a 'battle' with the Supreme court!

[jno]

Obama issued fewer executive orders each year than anyone since Grover Cleveland.

[EDDIE51]

All USA Judges from the Federal court upwards are appointed for life and cannot have their salaries reduced or stopped.
http://judiciallearningcenter.org/judicial-independence/
This is due to the need for Judicial Independence. A judge can not be truly independent if he/she fears being sacked, has make pledges or promises ( which could be broken) or raise/ spend money to try to get elected or reelected .

[Samjenko]

If only Trump was slaughtering Muslims with drone strikes (like Obama did)instead of issuing temporary travel bans. That, apparently, troubled our SJWs far less.

[andy-hughes]

What's an SJW?

[EDDIE51]

^ yes what's an SJW?

[EDDIE51]

Obama did not try to get illegal orders passed he did things the correct way!

[EDDIE51]

If Trump got the travel ban through Congress by correctly using the legal process for doing so , no one SJW or not,could object to it. It is not the ban that is causing the problem it is Trump trying to do it by executive order which is illegal and unconstitutional.
He would get the same reaction if he tried to get free bus passes for pensioners by issuing an executive order. It's not the action that is a problem it's the way Trump is trying to do it.

[EDDIE51]

Divebuddy, the President CAN NOT issue an executive order that is illegal or unconstitutional. He can issue executive orders all US Presidents do that, but they can't issue ones that are illegal or unconstitutional. Trump does not seem to know the difference!

[EDDIE51]

^^ Thanks my point exactly divebuddy !
Nothing inherently illegal, but you can't issue one that requires illegal or unconstitutional action! Which is what the travel ban does and why it has been thrown out again!

[fiction-factory]

That's what eddie has said divebuddy. He can issue them and if they are not unconstitutional or illegal that is fine- but any like this one that are illegal or unconstitutional they maybe blocked.

[fiction-factory]

Ha ha- the judge was a social justice warrior. ? Sounds like Trump has his own SGB

[Peter Pedant]

// For one judge to be able to block it (or any other) it is wrong. That puts the Judge above the President. If it is a panel of judges in the Supreme Court then that is right since this prevents anyone with a political grudge. i.e "questionable evidence supporting the government's national security motivation" This is entirely subjective NOT law.

I am quite surprised, I would have thought Whitehouse legal eagles would have been over it.//

your opinion is subjective and not a view of american Fed law

s/o else wrote - do you understand american fed law better than the whitehouse ?

and the answer is yes - the whitehouse has still to realise the President is NOT above the law but has to obey it

and yes it is a hard lesson - not a fanciful notion

and yes any judge can rule the president has behaved unlawfully and NOT the supreme court only ( each state has one remember)

as for the whitehouse knowing any law at all
dont make me laugh
the original exec order was drawn up by this one:

"Before his political career, he was executive chair of Breitbart News, a far-right[i] news, opinion, and commentary website[15][16] which he described in 2016 as "the platform for the alt-right".[I]."
A certain Steve Bannon

no wonder the lawyers tore into it

[ The US attorney general forbade anyone (Fed) defending the application for the temporary restraining order ( the ban on the ban) on grounds that it was obviously correct - she lost her job ]