So Trump administration can’t get the vetting side right, quelle surprise. They want more vetting but can’t figure out how to do more vetting. There are policies in place but can’t figure out the timeline to make them meet their own standards.
Has anyone still in Justice ever worked in government before?
I read both the decision by the 9th circuit on the Travel Ban and the decision by the Washington Fed district court on the refugee policy. They both effectively make the case that immigration is an area of law that is the purview of Congress and Trump’s EO’s are governed by Immigration and Nationality Act. Trump has exceeded his authority under the act and therefore his actions (at least with respect to those who have a bona fide relationship to the US) are unconstitutional.
In the refugee case, there are also numerous instances of the Trump team messing up the vetting completely and applying restrictions to people who have already received some status in the US (similar to travel ban 1). In addition, there is the overreach on the INA and the Refugee Act.
I think these are two solidly written decisions which borrow from conservative arguments to make the point that Trump’s actions are not constitutional. The refugee case even cited a conservative argument for the Court striking down DAPA as an example of executive overreach.
SCOTUS will have a tough time overturning these rulings. I’m not saying it won’t happen because of the politics of the court, but on the law and reasoning the better move for SCOTUS would be to let the decisions stand as the lower courts are the triers of fact and the legal argument stated here: that there is a separation of powers and immigration is in Congress’ bucket and therefore POTUS is constrained, seems solid.
The hope for SCOTUS is Roberts’ concern for his legacy. Plus rumor is that Gorsuch is a egotistical putz, and tries to dominate the other justices to the point that even the conservatives on the court dislike him.
Yes I’ve read the same thing about Gorsuch. He has made himself very unpopular right off the bat.
Glad there is a good legal basis to lift the ban. They also have cases with solid emotional appeal. What kind of monster would not want to help these folks get to the US?