But, of course, this sort of thing doesn’t matter.
First, the lawsuit could have been dismissed by the district court (or the court of appeals) in whole or in part for lack of jurisdiction. Second, the district court did not give the required legal reasoning in its order to justify the TRO. Third, the court had no business enjoining the executive order nationwide, instead of just in the two states. But fourth, once the district court issued the TRO, the appeals court had no authority to touch any other aspect of this legal challenge until it reaches the next stage of litigation.
Ken Klukowski explains the Travesty of Legal Errors in Immigration EO Lawsuit – “Washington and Minnesota’s lawsuit against President Donald Trump’s immigration executive order (EO) showcases a cavalcade of legal errors.”
But having made those errors, there is nothing the Justice Department can do until the TRO is superseded by a preliminary injunction (PI). A TRO expires within 14 days of being issued, unless another event overtakes it first.
Given the liberal makeup of the Ninth Circuit, however, the Justice Department faces an uphill fight in San Francisco. More likely this issue is heading to the U.S. Supreme Court, meaning that President Trump’s EO—and immigration as a whole—could become a major topic of discussion in the confirmation process of the Supreme Court’s incoming ninth justice, Neil Gorsuch.
Byron York also weighs in: Justice Department demolishes case against Trump order – “James Robart, the U.S. district judge in Washington State, offered little explanation for his decision … Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State’s claims.”
the Justice Department argued that Robart’s restraining order violates the separation of powers, encroaches on the president’s constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and “second-guesses the president’s national security judgment” about risks faced by the United States.
The government brief supported the president’s decision on both legal and constitutional grounds, starting with the law. And that starts with the Immigration and Nationality Act of 1952
On the larger question of the Trump order’s constitutionality, the government makes a very simple point: foreign nationals in foreign countries do not have U.S. constitutional rights
strength of the case does not assure victory. As Laura Ingraham, the conservative radio host who also served as a clerk for Supreme Court Justice Clarence Thomas, tweeted on Sunday: “The law is on Donald Trump’s side. Doesn’t mean that the courts will follow it.”
Ilya Somin beclowns himself, again, trying to explain Why Trump’s refugee order is unconstitutional –“On its face, the order does not discriminate on the basis of religion” but, of course, he knows better as words only mean what he thinks they ought to. He goes into a tortured explanation about why a temporary ban of visitors from countries where citizen documentation is suspect that were selected by a previous administration is really a religious ban and not a security issue. Then Somin ignores precedent and diminishes that part of the Constitution he does not like.
A more reasoned approach is Focusing on temporary visas as protected “liberty interests” in the challenges to Trump’s Immigration EO – the key argument here is about a topic not explicit in the EO which is the matter of current visa and green card holders with established U.S. residence. The EO is being treated as if it was a lot more than it is.
In order to analyze that hybrid constitutional/statutory question, however, one needs to focus on the most legally plausible constitutional interest at stake that would counsel for a narrow construction of the President’s power. In my view, the EO’s point of greatest vulnerability is its depriving long-term U.S. residents with non-immigrant visas of their interest in entering the United States and returning to their homes, families, workplaces, and schools. By contrast, the claim that the EO violates equal protection faces a steeply uphill battle. Disparate impacts on Muslims are not sufficient to trigger strict scrutiny (although the smoking gun of Trump’s campaign speeches as well as Giuliani’s boasting about creating a “Muslim ban” might suffice to shift the burden of proof). Moreover, nationality-based discrimination is still deeply embedded in our immigration system, despite the 1965 move away from national quotas. The Hart-Celler Act of 1965 still maintains per-country limits on immigration, and, more recently, national categories similar to those in Trump’s EO were used to exclude immigrants from the visa waiver program in the Terrorist Travel Prevention Act. I do not see federal judges eager to overturn all such nationality-based distinctions in immigration law in the name of equal protection.
Daniel Greenfield: Judge James Robart is the swamp that Trump must drain – “This is the radical judge who endorsed the racist Black Lives Matter hate group from the bench and illegally blocked President Trump’s order to keep Americans safe.”
This is why there is so much concern about SCOTUS and rogue justices and one of the major issues that help elect Trump. James A. Lyons essay on Restoring America’s leadership and security – “President Trump’s political revolution points a way forward” is pertinent here, too.
It is interesting that a Democrat on a talking heads panel was totally outraged and disgusted by Trump setting aside Putin murders with a ‘U.S. does it, too’ comment and then seeing a CBS Poll: Two-Thirds of Democrats Say Islam, Christianity Equally Violent reported by Neil Munro.
Almost seven out 10 Democrats believe Islam “encourages violence… about the same as other religions,” according to a new CBS poll.
The trusting attitude towards Islam is revealed in the February 2017 poll follows 17 tumultuous years of attacks against Americans motivated or shaped by Islamic ideology throughout the United States
Progressive and left-wing activists say much violence is caused by Christians, although few make the argument that the violence is motivated Christian doctrines.
Sarah Gustafson: Obama’s higher education record: a low bar for Betsey DeVos – “critics will continue to frame her as dangerously inexperienced. Even the slightest misstep will be held up as proof she’s out of her depth.”
critics should grade DeVos on a curve, with the midpoint set at the Obama administration’s less-than-elegant higher education policymaking. Let’s review that record.
Reviewing the follies of the Obama administration’s higher education agenda is not meant to be (completely) cynical. There are lessons here for DeVos. Making good higher education policy is challenging. And the stakes are quite high: bad policy and slipshod implementation put students’ futures and taxpayers’ dollars at risk. DeVos must treat postsecondary education with as much consequence and care as she would elementary and secondary education policies.
But the lesson for everyone else: the left-of-center politicians and advocacy groups who worry Betsy DeVos lacks higher education experience treated the Obama administration with kid gloves each time the administration botched a new reform. Take their sudden worry that DeVos will commit all sorts of policy blunders with a grain of salt.
Noting some whistle-blowing by Delingpole: NOAA Scandal Gives Trump The Perfect Excuse To Drain The Climate Swamp –
In the field of energy and climate, President Trump has said that there is a massive swamp that needs draining.
But his efforts are being resisted at every turn by all those lying scientists, bent politicians, rent-seeking businessmen, and Soros-funded activist groups who insist: “What swamp? What crocodiles? What leeches? Nothing to see here!”
What does this all mean in terms of science? Not much. As we’ve seen above, there have been strong suspicions about Karl et al’s paper since the moment it was published.
In terms of the climate propaganda wars, on the other hand, it is huge: this is a blow from which the Alarmist establishment may never recover for it gives the Trump administration just the excuse it needs to sweep clean the Augean of corrupt climate science once and forever.
Trump is now in the perfect position to demand that climate-related scientific bodies in receipt of government funding (ie all of them) make their code and data available to the public.
This gets interesting because there is a massive effort to ‘save the data from Trump’ as the Left knows he is going to destroy it. The Left knows a lot of things, it seems, that are rather strange when viewed in the sunshine of reality. See John Bates on Climate scientists versus climate data on Dr. Curry’s blog – “A look behind the curtain at NOAA’s climate data center.”
I read with great irony recently that scientists are “frantically copying U.S. Climate data, fearing it might vanish under Trump” (e.g., Washington Post 13 December 2016). As a climate scientist formerly responsible for NOAA’s climate archive, the most critical issue in archival of climate data is actually scientists who are unwilling to formally archive and document their data. I spent the last decade cajoling climate scientists to archive their data and fully document the datasets. I established a climate data records program that was awarded a U.S. Department of Commerce Gold Medal in 2014 for visionary work in the acquisition, production, and preservation of climate data records (CDRs), which accurately describe the Earth’s changing environment.
Robert Knight: Left uses violence but decries ‘speech as violence’ – “Respect for faith and family trumps ‘the power of the people’” – “In the upside down world of leftist activism, speech is violence while actual violence is an appropriate response.” The Boy Scouts caving to Leftist bullying is the example.
Another form of anarchy is the violence done to language in the name of ideology. Without common understanding of the meaning of words, we cannot communicate, much less engage in meaningful dialogue.
The enemies of civilization in America figured out long ago that they could control debates by controlling language. In order to avoid the smear of “extremism” and to get along, most people reflexively adopt the new terms. You know, turning homosexuality into “gay,” abortion into “choice,” gambling into “gaming,” smut into “erotica” and government spending into “investments.”
One reason that Donald Trump evokes such fear and hatred among progressives is that he avoids politically correct phraseology. It’s not that he didn’t get the memo; he tore it up and sent it back in tiny pieces.
The mobs at Berkeley and the go-along-to-get-along leadership of the BSA might regard themselves as the vanguard of a cultural revolution, but they’re just peddling their own forms of anarchy. While they drift into nonsense, a quiet revolution is taking shape below the radar that aims to reestablish respect for the permanent things of faith, family and freedom. Not to mention sanity.
J. Christian Adams provides another example of “ violence done to language in the name of ideology.” Why the North Carolina voter ID case matters – “It’s actually an attempt to preserve the Voting Rights Act.” – “Because voter ID is overwhelmingly popular, and because courts have largely supported it, they are trying to change what the Voting Rights Act means.”
They may never admit it, but the civil rights industry is tired of spending millions of dollars only to lose most voter ID fights in court. Instead of declaring defeat, the strategy has shifted to changing the rules of engagement, and trying to transform the Voting Rights Act into something it isn’t.
On appeal, however, the judges ruled in the exact opposite direction for North Carolina: claiming that the state went out of its way to intentionally discriminate against minorities. It did this by substituting its own version of the facts, even though appeals courts don’t see witnesses, and even though experts for the United States were found to be not credible.
This difference between two courts was because of how the Voting Rights Act was read.
There is more at stake than the integrity of elections. If the Court does not intervene, the nation could see one of the shining achievements of the Civil Rights era be politicized.
Rebecca Hagelin has the ‘compare and contrast’ down pat in Thank God for Kellyanne Conway – “She’s one of the smartest, most kind, most thoughtful people you could ever hope to meet. And the mass media are intent on destroying her.”
the deeper reason for the particularly venomous attacks aimed at Kellyanne is so simple that it’s sophomoric: The media are professionally embarrassed that Donald Trump won the election despite their repeated attempts to kill his campaign. So, they have decided to destroy the one who made that victory possible.
While the media elites publicly ignore the fact that Kellyanne made history and should be lauded as a role model for all women who have struggled in the male-dominated political arena, they secretly obsess over the fact that she beat their pants off.
And they really can’t accept the fact that their woman, Hillary Clinton, was beaten by a man whose “right-hand man” is actually a conservative lady.
Thank God that Kellyanne continues to fight and win. And mark my words: She will keep fighting, with millions of Americans cheering her on.
Michael Filozof says The United States Cannot Survive as Presently Constituted – “With slight shades of difference,” wrote George Washington in 1796, Americans “have the same religion, manners, habits and political principles.”
The inauguration of Donald Trump sparked national protests – obscene, vulgar, and crude — by the Left. Over sixty congressional Democrats boycotted his inauguration. Plans to impeach him were in the works – before he had even done anything.
the Constitution of 1787 no longer articulates a set of shared principles. For practical purposes, today there are two separate and unrelated constitutions – a constitution of the Left, and a constitution of the Right. The Leftist constitution includes the rights to abortion, anal intercourse, and gay marriage. The Right, reading the “supreme law of the land” as it was actually written, sees no such rights anywhere in the U.S. Constitution.
The Right regards America’s Founders as men of achievement, morality, and virtue. They see our European heritage as praiseworthy, for it gave us the Enlightenment, Industrial Revolution, electricity, medicine, clean water, automobiles, powered flight, and landed men on the moon.
The Left sees the Founders as wicked, greedy men who cheated innocent Indians and enslaved innocent blacks. Whites of European descent raped and destroyed the pristine environment with global warming, imposed monogamy and heterosexuality upon women, and subordinated the “peaceful” cultures (like Islam) of black and brown people.
Why waste time and effort trying to persuade people who cannot and will not be persuaded? If Californians want to ban guns, parade around in bondage leather, and allow illiterates and criminals to cross the border to receive government benefits, let them. Ohioans and Michiganders ought not be forced to go along with it.
But the present situation is untenable. The nation is like a car careening down the road, with two people fighting over the wheel. One pulls the car left, the other swerves back to the right.
Sooner or later, a crash is inevitable.
Jazz Shaw: Can the government rein in disruption and riots hiding under the guise of “protests?” –
The old school idea of “protesting” which I grew up with has changed a lot in the 21st century. This new school of protesters focuses on “disruption” as the vehicle for their efforts as opposed to the old school, quaint concept of simply marching on sidewalks, in parks or designated areas with signs and songs. … At some point along that trail we crossed the line from protesting to rioting, and while we can debate the exact moment when it happened, we’re there now.
Robert Rohlfing: The Long War Of The Left – “The Left’s Long War is far from over, we see it now more than ever being exposed and played out not only in this nation, but on the world stage as well. With each battle they are losing ground, but they are not down and out.”
Judi McLeod: The Civil War Known as the Deplorables Vs The Depraved – “Obama’s legacy of hate is just beginning to show its hideous face. Words have meanings, elections have consequences and propaganda is changing the world into one where outrageous lies masquerade as truth. The worst is yet to come.”
Matthew Vadum: The seditious left – “Prosecute the Berkeley rioters by enforcing federal law.”
It’s the Deplorables versus the Depraved.