Jump to content

so-called court of appeals ruling


Gromnir

Recommended Posts

  • Like 1

"If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence."Justice Louis Brandeis, Concurring, Whitney v. California, 274 U.S. 357 (1927)

"Im indifferent to almost any murder as long as it doesn't affect me or mine."--Gfted1 (September 30, 2019)

Link to comment
Share on other sites

Wonder what online hardman speak Trump will use to respond to this.

  • Like 1

Why has elegance found so little following? Elegance has the disadvantage that hard work is needed to achieve it and a good education to appreciate it. - Edsger Wybe Dijkstra

Link to comment
Share on other sites

Wonder what online hardman speak Trump will use to respond to this.

already has

 

"SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!"

 

HA! Good Fun!

"If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence."Justice Louis Brandeis, Concurring, Whitney v. California, 274 U.S. 357 (1927)

"Im indifferent to almost any murder as long as it doesn't affect me or mine."--Gfted1 (September 30, 2019)

Link to comment
Share on other sites

Well, I guess fear is the drum to bang on. This whole thing is so private sector it's funny, going off half-****ed with like 20 minutes of thought by about half the people that should have been involved :lol:

Why has elegance found so little following? Elegance has the disadvantage that hard work is needed to achieve it and a good education to appreciate it. - Edsger Wybe Dijkstra

Link to comment
Share on other sites

the doj pretty much dared the court to deny the appeal.  were kinda akin to the following

 

 

doj were arguing separation o' powers and deference to the President.  

 

"Despite the district court’s and our own repeated invitations
to explain the urgent need for the Executive Order to be
placed immediately into effect, the Government submitted
no evidence to rebut the States’ argument that the district
court’s order merely returned the nation temporarily to the
position it has occupied for many previous years.
The Government has pointed to no evidence that any
alien from any of the countries named in the Order has 
perpetrated a terrorist attack in the United States. Rather
than present evidence to explain the need for the Executive
Order, the Government has taken the position that we must
not review its decision at all.
 
"We disagree"

 

am not surprised by the ruling.  

 

HA! Good Fun!

 

ps more appropriate vid

Edited by Gromnir

"If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence."Justice Louis Brandeis, Concurring, Whitney v. California, 274 U.S. 357 (1927)

"Im indifferent to almost any murder as long as it doesn't affect me or mine."--Gfted1 (September 30, 2019)

Link to comment
Share on other sites

This may be a long 4 years. 

I think it'll be a long period but shorter than 4 years. I'm willing to bet that Trump screws up enough politically that he's either forced to abdicate or is impeached and removed from power in disgrace because he pushed the entire establishment in a bad way.

Victor of the 5 year fan fic competition!

 

Kevin Butler will awesome your face off.

Link to comment
Share on other sites

This may be a long 4 years. If we get a Nixonian type disgrace, which doesn't seem too unlikely, do you think he steps down?

 

Sorry, that was a dumb question.

We'll see bull**** the likes of which mankind has never seen before.

Why has elegance found so little following? Elegance has the disadvantage that hard work is needed to achieve it and a good education to appreciate it. - Edsger Wybe Dijkstra

Link to comment
Share on other sites

2 weeks into his term and Federal judges are telling him he is acting unconstitutionally.  Jesus.

 

That has to be a record

"Be on the lookout for thieves, trespassers, aaaand COMMUNISTS!"

The Director FO4

Link to comment
Share on other sites

keep in mind we are talking 'bout the request o' an emergency stay o' a tro.  might not be quite what some folks thinks it means.  

 

HA! Good Fun!

"If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence."Justice Louis Brandeis, Concurring, Whitney v. California, 274 U.S. 357 (1927)

"Im indifferent to almost any murder as long as it doesn't affect me or mine."--Gfted1 (September 30, 2019)

Link to comment
Share on other sites

The Constitution constitutes more of a guideline. 

 

You can't expect the god emperor of trumpkind to be deferent to a piece of paper. 

  • Like 1

И погибе Српски кнез Лазаре,
И његова сва изгибе војска, 
Седамдесет и седам иљада;
Све је свето и честито било
И миломе Богу приступачно.

 

Link to comment
Share on other sites

keep in mind we are talking 'bout the request o' an emergency stay o' a tro.  might not be quite what some folks thinks it means.  

 

HA! Good Fun!

 

Oh yeah. This is a 15 round bout. This is only round 2

"Be on the lookout for thieves, trespassers, aaaand COMMUNISTS!"

The Director FO4

Link to comment
Share on other sites

The Constitution constitutes more of a guideline. 

 

You can't expect the god emperor of trumpkind to be deferent to a piece of paper. 

 

Barack Obama ignored whenever he could and bitched about it when he couldn't. President's trying to do things they cannot do is nothing new here I'm sorry to say.

"Be on the lookout for thieves, trespassers, aaaand COMMUNISTS!"

The Director FO4

Link to comment
Share on other sites

It's the court that acted unconstitutionally in this case. It's not for them to determine whether there's a security threat or not, that's the President's job. Both the Constitution and the law are crystal clear on this.

  • Like 1

"Moral indignation is a standard strategy for endowing the idiot with dignity." Marshall McLuhan

Link to comment
Share on other sites

It's the court that acted unconstitutionally in this case. It's not for them to determine whether there's a security threat or not, that's the President's job. Both the Constitution and the law are crystal clear on this.

 

Yes, I'm sure you and Trump are better versed on this stuff than the judges.  

Link to comment
Share on other sites

It's the court that acted unconstitutionally in this case. It's not for them to determine whether there's a security threat or not, that's the President's job. Both the Constitution and the law are crystal clear on this.

I think they concluded that the government didn't do a proper job of justifying such an emergency measure, or at least that's what the news here summarized for me.

 

Anyway, might be interesting reading to some - http://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/09/17-35105.pdf

Why has elegance found so little following? Elegance has the disadvantage that hard work is needed to achieve it and a good education to appreciate it. - Edsger Wybe Dijkstra

Link to comment
Share on other sites

@Hurlshot Trump has the executive power, the judges just stole it from him, has nothing to do with who is more knowledgeable. The judges are not objective, it's been obvious for a long time that liberal judges simply decide for whatever they'd like the outcome to be, the hell with the law. Was just about to post this anyway, explains one reason why this decision is so stupid and dangerous: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/02/09/the-9th-circuits-dangerous-and-unprecedented-use-of-campaign-statements-to-block-presidential-policy/?utm_term=.3ed5dd6ad286

 

Edit:

I think they concluded that the government didn't do a proper job of justifying such an emergency measure, or at least that's what the news here summarized for me.

 

Anyway, might be interesting reading to some - http://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/09/17-35105.pdf

They don't have to justify it, we have separation of powers, the President doesn't need to have his decisions approved by the court. All the court can rule on is whether the order is legal or not, there's no requirement anywhere for the President to prove that there's a real threat. Edited by Wrath of Dagon
  • Like 1

"Moral indignation is a standard strategy for endowing the idiot with dignity." Marshall McLuhan

Link to comment
Share on other sites

It's the court that acted unconstitutionally in this case. It's not for them to determine whether there's a security threat or not, that's the President's job. Both the Constitution and the law are crystal clear on this.

 

No. As Gromnir intimated the only thing at issue here is if the injunction will be lifted before the whole order is litigated. The only standard the judges have to apply is if the case to overturn is likely to succeed on it's merits. In other words is there a fair chance the temporary moratorium will be overturned. They decided there was so the injunction is upheld. They did not make a decision on whether the Executive has the authority to do what it did. That will come later.

  • Like 2

"Be on the lookout for thieves, trespassers, aaaand COMMUNISTS!"

The Director FO4

Link to comment
Share on other sites

Then how do they know the case is likely to succeed on its merits? It's quite obvious the case has no merit.

 

Well, that is really a matter of their opinion. If you want to gnaw on THAT bone there is a bit more meat on it.

"Be on the lookout for thieves, trespassers, aaaand COMMUNISTS!"

The Director FO4

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...