Thursday, February 9, 2017

Appeals Court Unanimously Shoots Down Donald Trump’s Muslim Ban... Trump Angrily Spews Out All Caps Tweet In Response.

Today the three-judge panel of the 9th Circuit Court of Appeals rejected Donald Trump's  controversial Muslim ban in what is being called a major setback for his fledgling administration.

At approximately 6:00pm the federal appeals court declined the administration's urgent request to restore the controversial executive order restricting refugees and travel by immigrants from a number of Muslim-majority countries.

The court unanimously rejected the government arguments that the government would be “irreparably harmed” if the judicial system reviewed the ban, which they premised on Trump's authority over national security matters and determined that the judiciary has a proper role in safeguarding people’s rights.

The court said...

The Government has taken the position that the President’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections. There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy.

The court cited an important Bush-era Supreme Court precedent on national security that took issue with the Trump administration’s argument that it had no business or power to review the legality of the president’s executive order or that it would violate the separation of powers for the court to do so.

The court said of the Trump lawyer's argument...

There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy,

In addition the court said that the Trump administration pointed to “no evidence” showing a need for the executive order.

The president’s response to the ruling was an angry threatening all caps tweet...


Bob Ferguson, attorney general for the state of Washington, took Trump's challenge in stride saying at a news conference...

"We have seen him in court twice, and we’re two for two,

This decision effectively keeps Trump’s signature policy initiatives from being enforced and effectively leave it in limbo... For now.

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