Seattle judge blocks Trump immigration order

a reply to: Phage

What?

www.abovetopsecret.com...

Can a Federal Judge actually order the Government to issue visas ?

a reply to: xuenchen

To someone not within the state? I can't even imagine how that's possible.

Frankly, the more I read, the more I'm convinced this will be reversed.

But I really need to see the holding.

a reply to: loam

You replied to this post.
www.abovetopsecret.com...

originally posted by: loam
a reply to: xuenchen

To someone not within the state? I can't even imagine how that's possible.

Frankly, the more I read, the more I'm convinced this will be reversed.

But I really need to see the holding.

Visas are issued by U.S. Embassies in the other countries.

And I see no laws saying the U.S. has to issue any visas.

Maybe some Treaties, but I don't know.

a reply to: xuenchen

It's a remarkable mess.

Let's see how it unfolds.

DOJ is filing an emergency stay of the order. Just reported on CNN.

Send them all to Seattle?

originally posted by: loam
DOJ is filing an emergency stay of the order. Just reported on CNN.

Link?

What does this decision form the Seattle Judge actually mean?

Here is the adminstration's standing argument:

www.documentcloud.org...

originally posted by: neo96

originally posted by: plaindoughnut

originally posted by: DrStevenBrule
a reply to: gortex

This rogue judge will be the next swamp creature looking for employment.

You clearly don't understand the law or the Constitution. He/she is doing their job.

Someone sure doesn't.

The only judges capable of striking down whatever the president does sit at the SCOTUS.

No, a federal judge can strike down an EO if it violates existing federal law.

EOs are not laws, they are mandates to the federal bureaucracy. It takes legislators and executives to create a law.

That said, this judge is in the wrong. The travel ban targets sovereign countries, not individuals based on their religion of choice.

And I fail to see how States have standing. Obama sued Arizona and was ruled that only the federal government could enforce immigration law. Which was also stupid, but what from the Obama Administration *wasn't* stupid?

a reply to: Teikiatsu

For me the standing issue has major implcations. If that logic holds through appeal, the executive branch and federal authority will never be the same again.

Mind blowing.

Another activist judge trying to get a piece of the spot light, so far none of them have been able to stop the ban at all.

Pity.

a reply to: marg6043

It's not like people in those countries are able to board planes and fly here again.
This is being appealed by the DOJ and they will win.

(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. . . .

a reply to: D8Tee

i don't know. We are truly in the twilight zone.

If this standing ruling holds, it essentially means a state can sue the government on any foreign policy action (or inaction) issue is deems injurious to its economic interest.

Mind blowing.

Turns out the restraining order is only partial to specific sections.


WA-Order


original EO:
EXECUTIVE ORDER: PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES

Sections 3c, 5a, 5b, 5c, 5e are restrained.

? Impacts ?

Closed for staff review.

IMPORTANT: New (old) Standards Are Being Enforced (again) For New Threads

Reaffirming Our Desire For Productive Political Debate (REVISED)

Reopening.....

a reply to: loam

I don't get it, the law is clear, the judge or any of those that are behind trying to challenge the EO do not have a leg to stand on.

Judges are not above the law that they are supposed to interpret, established by congress, they can not make laws, they can not change laws and they can no ignore laws.

The EO is base on existing laws.

Plain and simple.

Only congress can change laws

BTW US also have laws for the disqualification of federal judges base in a bias, congress again can do that.

www.fjc.gov...$file/disqfjud.pdf

a reply to: marg6043

The way I understand it is the EO goes against your constitution , not to discriminate against the person due to race , religion or sex , banning people from Muslim countries goes against that which is why the judge suspended it.

originally posted by: 10uoutlaw
a reply to: gortex

does this judge want terrorism .will the judge take responsibility for future attacks in this country .

No and No.
I think the judge wants to protect your constitution , your rule of law , that is his job.
He is there to make legal decisions not political ones.