U.S. Federal Appeals Court blocks Trump travel ban

A federal appeals court Thursday refused to let President Trump reinstitute a ban on travelers from seven majority-Muslim nations, ruling that the president's order violates the due process rights of people affected by the ban.

The unanimous decision from a three-judge panel of the U.S. Court of Appeals for the 9th Circuit could lead to a showdown at the Supreme Court, unless the administration agrees to dial back the travel ban or try its case before a federal judge in Seattle who ordered it stopped last week.

"Although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action," the judges wrote in their opinion.

The ban, announced Jan. 27, temporarily barred citizens of Iraq, Iran, Libya, Somalia, Sudan and Yemen for 90 days, all refugees for 120 days, and Syrian citizens indefinitely. It led to chaos at U.S. and international airports as tens of thousands of visa holders were blocked from entering the country or detained after arriving in the U.S.

A barrage of protests and lawsuits followed, leading to federal court rulings against the ban in New York, Virginia and elsewhere. One judge in Massachusetts later ruled in Trump's favor, but on Friday, District Judge James Robart in Seattle halted the policy nationwide, citing "immediate and irreparable injury" to foreigners with valid visas and green cards.

http://www.usatoday.com/story/news/politics/2017/02/09/appeals-court-trump-travel-ban-immigration-refugee-muslim-president/97644206/

Comments

  • TRUMP WINS!!!

    Oh, sorry, I misread the title. TRUMP LOSES!!! TRUMP IS A LOSER!!!

    Sorry, FM, lost control. Great news. Thanks for all of your good work here.
  • From my perspective, the people, human rights, and the U.S. constitution are the winners.
  • To the supreme court it goes.
  • PS...order will be expired by that time...or a tie at the SC upholds this ruling. Im sure vetting process can be further enhanced without this much chaos...existing system is NOT a failure. It works.
  • The existing system does not work. Extreme vetting is the way to go. Look at what happening in Europe. Anyways lets see what the SC has to say.
  • The 9th District Federal Appeals Court said today:

    "The Government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States."

    http://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/09/17-35105.pdf
  • Porn Star doesn't have a clue about what "extreme vetting" is. Nobody does, not even Herr Drumpf. Is that vetting with waterboarding? Sending the army into Syria to interview family members of Syrian refugees who have been living in tent camps in Jordan for five or six years?

    I know! Put all refugee applicants, one at a time, on a the end of a long pole suspended over a large body of water. Dunk the refugee in the water fully submerged for fifteen minutes. If, after being recovered from the water, the refugee is dead from drowning, the refugee was telling the truth, and was not a terrorist. If, on the other hand, the refugee survives the dunking, the refugee was clearly lying and is actually a terrorist, and must be put to death. Extreme Vetting (in Salem, Massachusetts, 17th century).

    And how in Hell could Porn Star claim that the existing system does not work, at least as well as the heretofore undescribed Extreme Vetting. Porn Star has no clue about how the "existing system" actually works. Neither Breitbart, nor Fox News, or the Daily Caller, or any other 'fake news" purveyor explains the existing system. They all just condemn it, over and over again ad nauseum in the same words used by Porn Star: "The existing system does not work." That is all Porn Star approved media will ever say about the "existing system". So anybody who relies on only those media sources truly has no idea what the existing system consists of or how it works.

    And Porn Star refuses to consult or believe any news media which actually reports on how the "existing system" functions and what it involves. You know, research, interviews, double checking source material, and then putting together a report. "60 Minutes" actually did that. But "60 Minutes" is CBS, and CBS is "liberal media," to be read or viewed at one's peril (amongst their Nazi, white-supremacist brethren).

    Catch 22: Any media which reports actual facts is lying, and the only media which is telling the truth is making up the facts.

    My guess on the Supremes, is a 4-4 tie, unless Roberts gets his back up about Herr Drumpf's tweets about the horrible judiciary and then it could be 6-2.
  • This doesn't apply to the Compact of Free association with the US Countries, only if we became convicts in the USA. So no worries right????
  • No worries, Oalong, at least for now. And I am pretty sure that most Micronesians will never become convicts, including you. No worries, my friend.
  • PawnStaR, it's SCOTUS or Court (with capital "C"). And I really though that you'd be posting another claim of "Fake News."
  • edited February 2017
    Trump will go after non US citizens on public assistance next.
  • That is a possiblity, Garim. This week's Marshall Islands Journal has an article on this subject. We need to monitor Trump and keep each other alert and informed.
  • Better remedy: help our families out of welfare system by encouraging more to school and to be just not lazy. I understand those that are sick and bedridden but otherwise, there is no excuse to be on welfare. Flip burgers for $10/hr in WA and OR. Even poor states like AL, MS, etc. pay better than $7.25/hr.
  • @Sarem, extreme vetting is the key so we don't experience what Europe is experiencing right now with their refugees. Like Herr Trump said a few hours ago: we will see you in court (Supreme court).
  • Not a single American has been killed in a terrorist attack by a citizen from the countries on Trump's list.

    The reality is that an American is at least twice as likely to be shot dead by a toddler than killed by a terrorist. In 2014 88 Americans were shot dead, on average, every day: 58 killed themselves while 30 were murdered. In that same year 18 Americans were killed by terrorist attacks in the US.

    More Americans were killed by firearms roughly every five hours than were killed by terrorists in an entire year.

  • Breaking News: Trump travel ban faces new legal assault in Virginia court

    Donald Trump's travel ban faces a fresh legal challenge, a day after it suffered an appeals court setback.

    Lawyers for the state of Virginia are arguing in a federal court there is "overwhelming evidence" the policy "resulted from animus toward Muslims".

    On Thursday, the appeals court said the Trump administration failed to offer "any evidence" to justify the measure.

    But the seven-nation ban has not been struck down; it is just in limbo while courts debate its legality.

    What's this Virginia case?

    It is one of a dozen lawsuits now moving through the US court system against the Trump administration's policy.

    A federal court in the Washington DC suburb of Alexandria is holding a hearing on a request for a preliminary injunction on aspects of the ban.

    The case is being brought on behalf of travellers detained at Dulles International Airport, or denied entry after the ban went into effect.

    Virginia Attorney General Mark Herring's spokesman said it would be "the most in-depth examination of the merits of the arguments against the ban".

    The challenge focuses on the travel restrictions imposed by the ban, rather than the four-month suspension of refugee admissions.

    http://www.bbc.com/news/world-us-canada-38933108
  • Hey Nazi Loser! You say extreme vetting is the key so we don't experience what Europe is experiencing right now. Do you have ANY IDEA what "extreme vetting" is? Or is that one of the secrets you bullshit artists are keeping so you don't have to explain yourselves. Come on man, let us in on the secret, so we can learn to hate Muslims and Jews just like you do. YOU DO NOT HAVE AN EFFING CLUE.

    I know, maybe Nazi is too strong for a weak piss ant like you. "Regurgitator in Chief" is better. "I read it in alt-right media, and regurgitate it." Just like Herr Drumpf. Read it on the internet, regurgitate it.

    "Look, up in the sky, its a PawNStaR, no, its a Porn Star, oh no, its Regurgitator in Chief. We are dooooommmmeeed."

    WADF
  • @Sarem Last i check jews arent banned to enter the US. But jews are banned from entering over 15 countries. And these 15 countries are muslim majority. I know what extreme vetting is. I was in iraq when the surge as implemented by bush jr. The U.S surge in iraq put a lock down in central baghdad and its envirents and we had over 10 soldiers for every 5 yards in baghdad and we controlled every street corners and sidewalks and traffic light when the shiite and sunni were killing each others. It worked! Before the surge there were 15-30 bodies being found but after it went down to 10. The violence died down. Thats my first hand know how why i know extreme vetting works. You? Beside talking what do you know? I was part of the units that were in the surge and i know it works. Ask anyone who were part of the iraq surge.
  • Anyways to the SC this goes.
  • According to the Nazi POS Porn Star, what follows is his explanation of "Extreme Vetting":

    I know what extreme vetting is. I was in iraq when the surge as implemented by bush jr. The U.S surge in iraq put a lock down in central baghdad and its envirents and we had over 10 soldiers for every 5 yards in baghdad and we controlled every street corners and sidewalks and traffic light when the shiite and sunni were killing each others. It worked! Before the surge there were 15-30 bodies being found but after it went down to 10. The violence died down. Thats my first hand know how why i know extreme vetting works.

    So according to our Nazi friend, Extreme Vetting is military occupation of foreign nations (apparently seven separate foreign nations) with ten soldiers for every 5 yards in all occupied countries.

    His explanation stands for itself. That's what happens when you put Nazis in charge. They will solve their problems, even those that don't exist, through military occupation. Gestapo and brown shirts everywhere.

    Great solution, POS. Got any other great ideas?
  • The world has seen "extreme vetting" .......even before Trump.image
  • So, the Trump administration's position is that the executive order regarding the temporary ban or halt is legal and consistent with the US Constitution and laws as enacted by the US Congress giving the President a broad range of authority regarding non-US aliens being admitted to the US.

    So there are options to consider:

    Appeal to the SCOTUS which could make a split decision which would return the case back to the lower courts;

    Trump could issue a new executive order that specifically take into account the various issues as raised by the federal judge as well as the appellate judges. The new order can specifically say that people with green card, valid visas and those who have been vetted by US embassies, etc., can enter the US without further vetting.

    Trump administration can do both--slow walk the appeal to SCOTUS while it comes up with the new executive order.

    In the meantime, the Republican Senators who support Trump and the executive order ban should be prepared to use the "nuclear" option when it comes to the approval of the recently nominated judge to the SCOTUS. The even split among the liberal judges headed by Ginsberg and the conservative judges create a dangerous difficulty because clear decisions cannot be made.

    Nuclear option, I believe, means the Senators can change the rules for approving the Supreme Court nominee from 60 to a simple majority. With the Republican holding a majority, this can be done; and then, they will approve the new judge. If the Trump administration were to "slow walk" the appeal to the SCOTUS, it might be timely to have it heard after the new justice is seated.

    My prediction is that since Trump is in a hurry, he will do the slow walk in order to show respect to the judiciary. But he will also issue a new executive order soon. Just some thoughts on this nice and hot day.
  • As I understand it currently, a Judge of the Ninth Circuit has asked the entire Court to determine whether to hear the appeal as an en banc review. Briefs on that question are due Tuesday, and the active members of the Court will decide on whether to hear the matter as a full Court.

    Judge Gorsuch will be confirmed one way or another by the time application is made to the Supreme Court, unless the Ninth Circuit quickly determines to deny en banc review.

    Issuing a different order would be just like Trump, and he will get his ugly mug on TV hourly, which is all he really wants. More photo ops. Fiddle while Rome burns.
  • YOU ALL WATCHING TOO MUCH CNN.... LOL! GO TRUMP!
  • Democrats always bring up the race card when they know they lost a debate. I used to do that too when i was a libetart. Thank god i aint no more.
  • @Sarem, you taking things out of context but then again you are a liberal. The surge in iraq worked and it stopped the sunni on shiite blood bath. Take the lessons learned from it and and apply it in the 7 listed countries namely their airports and vett some americans in the immgration departments of those 7 countries. The Army is not allowed by the US constitution to police the streets of america. Vett the FBI also in those 7 countries airport and immigration centers so we dont experince what europe is experiencing with its refugees.
  • Those 7 countries dont provide our side with the records of those refugees coming here. We dont know if there former criminals or have ties to terrorists. Look at all the sleeper cell attacks that happened in europe in the past 7 years. It happened because no the flood gates were opened without background check or criminal record check it happened because extreme vetting wasnt applied. All trump is asking is this and you liberals got all your panties in a wad.
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