Quote (Skinned @ Dec 23 2017 08:24am)
I mean everyone knows the 9th circuit is always going to create loony rulings and get overturned by scotus on every high profile case, but their legal argument is a real beauty in how ridiculous it is
They hinge their opposition on the idea that the inadmissable aliens clause says that the president may bar immigration "
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States", and then the 9th circuit court of appeals since that Trump's determination isn't good enough, and that the 9th circuit is now usurping the right to make national security determinations and decide the policy interests of the united states, as they are of course explicitly forbidden by the precedents the scotus will use as a bludgeon to excoriate the 9th- Kleindienst v. Mandel, Oceanic Navigation Co. v. Stranahan, Gardenas v. United States and Fiallo v. Bell and Holder v. Humanitarian Law Project, which state "
the power to expel or exclude aliens is a fundamental sovereign attribute exercised by the Government's political departments largely immune from judicial control" and "
over no conceivable subject is the legislative power of Congress more complete than it is over the admission of aliens"
Not much a sovereign right if the court is allowed to simply state, as the 9th does;
Quote
National security is not a “talismanic incantation” that, once invoked, can support any and all exercise of executive power under § 1182(f). United States v. Robel, 389 U.S. 258, 263–64 (1967). Section 1182(f) requires that the President make a finding that the entry of an alien or class of aliens would be detrimental to the interests of the United States. That requirement has not been met.
The 9th circuit is neither constitutionally empowered nor plausibly equipped to make national security determinations. They can't take it upon themselves to decide whether this travel ban prevents detrimental immigration or not. To do so is to infringe upon the separation of powers and usurp both congressional and executive prerogative and, as the 9th so loves, make themselves into immortal judge-kings of infinite jurisdiction.
of course its all a silly vain measure because the scotus has already overruled them on the TRO and defanged them until the SCOTUS revisits it, so anything they do between now and then is pointless other than providing the conflicting rulings to bring it back. And since the ban itself is going to obviously pass muster at the supreme court, this is all just one empty circlejerk by the 9th as they roleplay as despots
This post was edited by Goomshill on Dec 23 2017 09:34am
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