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Trump looks at new immigration order, no Supreme Court appeal

W

WVU82_rivals

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May 29, 2001
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http://www.reuters.com/article/us-usa-trump-immigration-court-idUSKBN15O2XS

U.S. President Donald Trump said late on Friday he is considering issuing a new travel ban executive order, while a White House official said the administration did not plan to escalate a legal dispute over Trump's original travel ban order to the Supreme Court.

Trump's original order banning entry to the United States by refugees and citizens of seven Muslim-majority countries was put on hold by a federal judge in Seattle last week with a temporary restraining order, and that suspension was upheld by an appeals court in San Francisco on Thursday.

Trump said during a surprise visit with reporters aboard Air Force One en route to Florida from Washington that he was considering "a brand new order" that could be issued as soon as Monday or Tuesday if the administration decides to move in that direction.

The White House official separately said: “We are actively considering changes or other executive orders that will keep our country safe from terrorism.”

The official said: “The temporary restraining order, we would not take to the Supreme Court, but we are reviewing all options in the court system.”
 
atlkvb

atlkvb

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Jul 9, 2004
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A new EO will be written with the specific provision(s) of section 1182 (which the 9th circuit did not rule on btw) set aside.

The new EO will reaffirm the President's authority to act in the National security interests of the US, will include vetting, refusal to deny admission, and all of the other provisions of the 1EO...minus any references to a specific "Religion". It may even be broadened in scope because "terrorist" language could be included to mean anyone raising suspicious intent to do harm to the country.

Plus the lower court ruling will still face a challenge in the Supreme Court, but after Justice Gorsuch is seated, then it too (original EO) will be reinstated, allowing BOTH to be utilized.

Win-win for Trump.
 
P

PriddyBoy

Junior
May 29, 2001
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countryroads89 said:
This has to be fake news.

Dumb and dumber, quoted above, told us how it was going to be.
Click to expand...
This thing has many paths and nothing has been resolved. Better wait for the results before thinking you're the destroyer.

THE DESTROYER!
 
W

WVPATX

Freshman
Jan 27, 2005
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atlkvb said:
A new EO will be written with the specific provision(s) of section 1182 (which the 9th circuit did not rule on btw) set aside.

The new EO will reaffirm the President's authority to act in the National security interests of the US, will include vetting, refusal to deny admission, and all of the other provisions of the 1EO...minus any references to a specific "Religion". It may even be broadened in scope because "terrorist" language could be included to mean anyone raising suspicious intent to do harm to the country.

Plus the lower court ruling will still face a challenge in the Supreme Court, but after Justice Gorsuch is seated, then it too (original EO) will be reinstated, allowing BOTH to be utilized.

Win-win for Trump.
Click to expand...

I listened to Alan Dershowitz last night and he stated that even a religious test is permissible. He said that in the 40s when only Jewish immigrants from Germany were sought and allowed refugee status. I don't have the specific order, but that is what I recall he said. It seems the president has extremely broad powers that prior presidents have used before.
 
atlkvb

atlkvb

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Jul 9, 2004
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WVPATX said:
I listened to Alan Dershowitz last night and he stated that even a religious test is permissible. He said that in the 40s when only Jewish immigrants from Germany were sought and allowed refugee status. I don't have the specific order, but that is what I recall he said. It seems the president has extremely broad powers that prior presidents have used before.
Click to expand...

I listened to Jay Sekulow today make essentially the same argument. the President has broad discretion here to act in the National security interest and the 9th circuit didn't even address that with it's narrow ruling.
 
W

WVPATX

Freshman
Jan 27, 2005
28,197
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atlkvb said:
I listened to Jay Sekulow today make essentially the same argument. the President has broad discretion here to act in the National security interest and the 9th circuit didn't even address that with it's narrow ruling.
Click to expand...

I think your analysis is correct and I think it's is the right way for Trump to go. Issue a new order with those carveouts and let the Liberals try it again.

If they succeed, then take it to the Supreme Court. I think one or more liberal justices will come to this side of the Constitution. Other wise laws passed by Congress apparently have only the impact that the justices say it has regardless of the language of the law.
 
W

WVPATX

Freshman
Jan 27, 2005
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DvlDog4WVU said:
If this plays out like what is posted then I'm clearly wrong.
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Watched a Constitutional lawyer this evening. He believes the Trump Administration will pursue a dual path strategy. The first is to write a new EO with the carve outs for Green Cards and Visas. It may be contested again, but not even the 9th Circuit could overturn.

The second path is to continue through the courts with the current case, all the way to SCOTUS if necessary. The question is will Gorsuch be seated in time to hear the case? Will the Administration delay this until he is seated? Or will they barge ahead assuming that even a liberal justice will see the overreach by the 9th Circuit.

Obviously, don't know if this will happen, but that was this lawyer's opinion.
 
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dave

dave

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May 29, 2001
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countryroads89 said:
This has to be fake news.

Dumb and dumber, quoted above, told us how it was going to be.
Click to expand...
Speaking of dumb, what does a new circuit court have to do with the immigration case? Are simple concepts really this difficult for your low intellect? Are you dishonest or just stupid?
 
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M

mneilmont

Sophomore
Jan 23, 2008
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dave said:
Speaking of dumb, what does a new circuit court have to do with the immigration case? Are simple concepts really this difficult for your low intellect? Are you dishonest or just stupid?
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Is "all the above" an acceptable answer?
 
L

lenny4wvu

Redshirt
May 17, 2009
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atlkvb said:
I listened to Jay Sekulow today make essentially the same argument. the President has broad discretion here to act in the National security interest and the 9th circuit didn't even address that with it's narrow ruling.
Click to expand...
"Narrow minded ruling "..IJS!
 
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