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Court denies Justice Department's request to immediately restore travel ban

37 Comments
By ERIC TUCKER

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37 Comments
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Democracy at work? There is still hope.

5 ( +8 / -3 )

“Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision,” he tweeted.

Demagogues throughout history have convinced their followers that they must unite behind them to fight whichever group have been declared enemies. Demagogues know they must constantly keep fear alive to maintain their negative agendas and to keep their followers convinced they need to be led. They make statements like 'many very bad and dangerous people may be pouring into our country.'

7 ( +7 / -0 )

Terrible ruling.

The president has the authority, like it or not.

-10 ( +3 / -13 )

Terrible ruling.

The United States of America, has built it's present history and laws on centuries of doing away with segregation, defeating British colonial rule, imposing a constitution of not bearing prejudice based on creed or religion etc, etc. That's why gunslingers can no longer carry out their own rule of law outside the saloon bar. Maybe you would like to go back in time to the days of Jesse James and see how long you live then.

The president has the authority, like it or not.

Fortunately the federal and supreme law courts decide what is correct according the the law books.

6 ( +8 / -2 )

What saith the law, then?

The relevant section of the INA is at 8 U.S.C. 1182(f): (f) Suspension of entry or imposition of restrictions by President 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, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. [...]

That's the law. Whether you like it or not, that's the law at this time.

-6 ( +3 / -9 )

Thanks Frederic for quoting the text of the INA.

-5 ( +3 / -8 )

Ha,ha. If it was as easy as a bunch of website posters copying and pasting law quotes out of Google, then we could save a whole lot of legal fees. Listen, if a Federal Judge in Washington State decrees that the bar on Muslims is against the law, then who on earth is going to believe Alix Hooper and Frederic Bastiat on Japan Today. Clearly that is not the law is it. Do you think JT posters are a step ahead of a Federal Court of Law.

6 ( +9 / -3 )

http://www.nationalreview.com/article/444371/donald-trump-executive-order-ban-entry-seven-muslim-majority-countries-legal

The law is clear, whether JT posters agree or dissent with it.

-4 ( +4 / -8 )

As we know, only NON US CITIZENS who are visa or green card holders will be allow into America -- all others have NO RIGHT to come into the USA!

-3 ( +2 / -5 )

Yes!

2 ( +3 / -1 )

The Immigration and Nationality Act of 1965 states, "no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence."

That's the law. And it's clear. It can be changed by Congress, but good luck, unless the GOP is eager to be branded as the party that breaks up families and stigmatizes entire socio-ethnic groups (including children, the elderly, people in need of transplants, and highly skilled professionals) to prevent a one in a billion terror attack by a refugee. And have the US become an increasingly likely target for terrorism.

Trump's action has amateur hour written all over it. It's a stunt, and it certainly isn't presidential. You can see the desperation on Sean Spicer's face every time he has to defend his boss in front of the press. He's going to blow a gasket. You know he doesn't believe this crap. Ditto for most congressional Republicans. They just have to go along.

I feel no pity for them, though. The Gottererdamerung of the GOP. Just hope the rest of humanity will be spared the destruction.

5 ( +7 / -2 )

The bottom line is that the President (at this time it's Donald J Trump) has the very clear authority, and in fact it's THAT FACT that has the lefties in hysteria.

-11 ( +1 / -12 )

Just get used to Trump losing court cases. It's one of his specialties. Last year he was dinged 25 million for Trump U fraud. This week a court in Florida told him to immediately pay members at one of his golf resorts 5 million for not refunding them when he bought the golf course. That's a big award considering it was also the amount spent to purchase the course (swamp, ahem, water hazards included).

5 ( +7 / -2 )

Trump's new executive order has been suspended and that fact has the righties in hysteria.

3 ( +6 / -3 )

Well, pla-monkey, since you obviously didn't bother to read the National Review article, I'll draw your attention to a relevant point.

"Trump’s executive order also expressly relies on an Obama-era provision of the immigration law, Section 1187(a)(12), which governs the Visa Waiver Program. This statute empowers the executive branch to waive the documentation requirements for certain aliens. In it, Congress itself expressly discriminates based on country of origin. Under this provision, Congress provides that an alien is eligible for the waiver only if he or she has not been present (a) in Iraq or Syria any time after March 1, 2011; (b) in any country whose government is designated by the State Department as “repeatedly provid[ing] support for acts of international terrorism”; or (c) in any country that has been designated by the Department of Homeland Security as a country “of concern.”

Read more at: http://www.nationalreview.com/article/444371/donald-trump-executive-order-ban-entry-seven-muslim-majority-countries-legal

-7 ( +1 / -8 )

The Appeals Court just denied an emergency reinstatement. Maybe you should send that link to them.

4 ( +4 / -0 )

The bottom line is that the President (at this time it's Donald J Trump) has the very clear authority, and in fact it's THAT FACT that has the lefties in hysteria.

Bingo!

I'm sure the ruling will be overturned eventually.

-7 ( +0 / -7 )

Where's Sean Sphincter now that his boss is using the B word again?

Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision

(@realDonaldTrump)

4 ( +5 / -1 )

What exactly is a 'leftie' anyway? A constitutional rule of law set in the law books always decides a case. It protects mankind from billionaire property sharks with racist views who want to dominate the world. If the meaning leftie describes someone who truly believes in the courts of law to be independent and fair, then heck, yeah I'm a 'leftie'.

And don't the citizens of America realise, Trump's actions and orders are putting you all at a far greater and increased risk of terrorism. There is almost no risk of terrorism to Americans from the exceedingly vetted and checked immigrants. But the hatred that this guy is spreading is putting a heavy brick onto the terrorists accelerator.

The Immigration and Nationality Act of 1965 states, "no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence."

Thank you for that plastic monkey.

5 ( +5 / -0 )

Trump will soon get bored of being POTUS when he realizes he can't get away with things he used to get away with. Although his not-so-long-ago life as a professional con artist/ sexual harasser/ snake oil salesman will have an irresistible pull, it will also end up being his downfall.

4 ( +4 / -0 )

"The president has the authority, like it or not."

That's not how democracy works

4 ( +4 / -0 )

@TigersTokyoDomeFEB. 05, 2017 - 09:26PM JST

Now, I don't believe in appeal-to-authority arguments, and I've seen some truly horrible judgments coming from my local court these past few months, so I won't refuse Bastiat his view on principle.

For all that, Bastiat is still wrong because he did not read 8 U.S.C. 1182(f) in the same way a modern judge would be expected to. These days, all the presence of such an article (empowering article) would be is a basis for the President to act, so his decree (Executive Order) is not automatically illegal, but it does not give him a carte blanche either.

First, the law says he has to "find" that the entry of any class of aliens is detrimental to the interests of the United States. Which means he is expected to provide some real evidence and reasoning before he can go ahead, rather than just mumble "national security" like a magical mantra. In addition to rationality, these days he'll have to pass a test of proportionality, especially since the law explicitly mentions various measures, and so now he's also expected to provide reasoning that the "detriment" he finds renders the degree of restriction on his decree proportionate.

2 ( +3 / -1 )

"The president has the authority, like it or not."

And it comes with the obligation to respect the nation laws, does he like it or not.

3 ( +3 / -0 )

Where's Sean Sphincter now that his boss is using the B word again?

His name is Spicer. I hated Obama, but I never made a joke of his name, come on now.....

And don't the citizens of America realise, Trump's actions and orders are putting you all at a far greater and increased risk of terrorism.

How so? Please explain.

There is almost no risk of terrorism to Americans from the exceedingly vetted and checked immigrants.

Tell that to the Steinle family. Tell that to to Californians where you can just go into the DMV and get a copy of your drivers license or even register to get a voters registration card without a photo ID, all you need is a utility bill or a bank statement. Please don't go there, domestically and internationally, the system is a complete mess.

But the hatred that this guy is spreading is putting a heavy brick onto the terrorists accelerator.

How is he hateful, please explain.

-5 ( +0 / -5 )

The bottom line is that the President (at this time it's Donald J Trump) has the very clear authority

Well, he has authority, but not over the judicial branch. They are equal to the executive branch. That's why they were able to overturn his ban.

3 ( +4 / -1 )

Checks and balances working. As designed.

A Federal Judge gets to overrule the President's orders when they don't stand up to legal/Constitutional scrutiny. That is how it is supposed to work.

Where the law isn't clear due to conflicting parts, different sides will pick the single lines they prefer to make their case. The result usually isn't that simple.

I'd like to think that "who we want to be as a Nation" would be the result as determined by all the appeals through the US district courts and the Supreme Court, but that isn't usually how these things work out.

President Trump (and he is is the President, so please use that title), needs to get better lawyers. His real estate lawyer isn't qualified on these things.

I hope the courts decide (after all the appeals are done) that the USA isn't afraid to let people visit and come to life here as political refugees. That is my hope. Sure, there will be a few bad apples every year, but the vast majority will be kind, hardworking, people trying to make a better life for themselves AND their families. Just like you and I. After all, the USA has lots of bad apples already inside - just look at the murder rates in some of our largest cities. Colombia is safer than many of our cities these days. That is a testament FOR Colombia and the people there. They should be proud to have the rule of law back.

President Trump has learned a valuable lesson here. He isn't "King Trump."

2 ( +2 / -0 )

That's not how democracy works.

@Louis Amsel

The United States is not a democracy.

Trump's new executive order has been suspended and that fact has the righties in hysteria.

@Super Lib

That must be why we see them rioting in the streets.

-1 ( +0 / -1 )

Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision,” he tweeted.

Trump and his supporters have no balls. They are terrified of everything.

4 ( +4 / -0 )

Trump and his supporters have no balls. They are terrified of everything.

ROFL! The only terrified people are the looney libs that have to riot in the street, bullying, physically assaulting people, being racially intolerant, whining like spoiled little brats, ready to hurt or silence anyone that doesn't agree with their leftist socialist agenda, Hijack the TV that we can't even watch a decent show anymore without someone trying to force their unimportant opinion upon us. Those are loons that are terrified, hopefully, when they get jobs finally, and make money they'll acting like kids running around the streets breaking stuff and bothering the rest of us.

-4 ( +0 / -4 )

Trump and his supporters have no balls. They are terrified of everything.

Everything except guns.

0 ( +2 / -2 )

They already have guns, and they are afraid anyway. Those dangerous brown refugees.

0 ( +0 / -0 )

Everything except guns.

No reason to be.

-2 ( +0 / -2 )

Trump and his supporters have no balls. They are terrified of everything.

Hey! Wait a minute. Are you saying that possessing testicles is a measure of bravery? Are you saying that a woman can not be brave because she doesn't have testicles?

I guess there must be some truth behind that, after all ESPN awarded its Award of Courage to Caitlin Jenner for coming out of the closet, while passing over a young female collegiate athlete who while battling inoperable brain cancer continued to play and then went on (until her death) to use her notoriety to raise money for cancer research. Must be the determining factor was the Caitlin still has her balls.

0 ( +0 / -0 )

Guns kills tens of thousands of Americans per year

Car accidents kill more people.

and they are OK with that. But Muslim children leaving Syria, golly, just too dangerous for these tough guys. Ban them all.

Until they are properly vetted or better yet, there are over 50 other Muslim nations that can step up and take in these children.

-1 ( +0 / -1 )

No reason to be afraid of guns, which kill 30,000 people a year, but a refugee child from Syria is just too dangerous so let's ban him. Seems a bit emotional, based in fear.

2 ( +2 / -0 )

Superlib being all logical.

0 ( +1 / -1 )

Nothing logical about it, just hope the vetting process continues vigorously. We'll see should this go to the Supreme Court.

0 ( +0 / -0 )

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