Can Gorsuch screw Dotard again? Fingers crossed…
He ‘might’ on religious grounds. If you can ban persons of one religion you can ban another set of persons. THAT is the way I see it; Muslims can NOT be beyond the bounds of our Constitution (this crap that it just meant Judaeo-Christian is just that–crap).
Good article. Thank you Ms Ollstein
Donnie’s ambition is to create talking points for Repugnant campaigns and to open up job opportunities for Americans in low wage occupations with exploitative working conditions. I can’t see the majority of this SCOTUS coming down against that.
This write-up, like the others I’ve seen from Bloomberg/Slate etc, appears to omit a key issue. The 9th Circuit Court of Appeals stated that Trump exceeded his mandate under the Immigration and Nationality Act. That was the primary basis on which they struck down the travel ban. While National Security concerns and the POTUS’ unique to supreme role in such areas, immigration policy is treated differently because a lot of it is governed by statute where the power resides with Congress and authority is delegated to the President for enforcement purposes.
We conclude that the President’s issuance of the proclamation once again exceeds the scope of his delegated authority. The Government’s interpretation of 8 USC 1182(f) not only upends the carefully crafted immigration scheme Congress is embodied in the INA but it deviates from the text of the statute, legislative history, and prior executive practice as well. Further, the president did not satisfy the critical prerequisite Congress attached to his suspension authority: before blocking entry he must first make a legally sufficient finding that the entry of the specified individuals we detrimental to the interest of the United States.
The 9th Circuit Court of Appeals did not get to due process claims or Establishment Clause claims because it found that the plaintiffs statutory claims were sufficient to conclude that they would prevail at trial. I don’t know if I’m missing something, but if we’re talking about the Hawaii v Trump case, the SCOTUS is going to have to deal with the 9th Circuit’s finding on Trump exceeding his statutory authority.
The Appeals Court issued this decision on Dec 22, 2017.
Beyond the significance of the ruling itself…it might finally dawn on the Don that making a public asshole of yourself everyday may not be useful where legal processes are involved…it could be that discretion is more useful in the jurisprudence process.