Hawaiian judge blocks Trump's new immigration ban EO: Did the judge say what law(s) it violated?

[Derelict_Drvr]

Trump has every right to limit, or reject, immigrant, entering into to the U.S.

Section 411 established the Office of Refugee Resettlement.


Section 212 bars aliens with communicable diseases, drug traffickers, children of those barred from entering such as convicted criminals, polygamists, draft evaders, and without a valid passport to enter the U.S. It also states that “(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS- Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible.”

Does a Federal Judge Have the Authority to Override the President? - The Post & Email


The pertinent subsection, Title 8, Chapter 12, US Code 1182

(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… [Note – if the 2011 islamophile in the WH could be persuaded, he could immediately address numerous threats with the stroke of a pen. The next occupant of the WH must swiftly act in America’s self-interest.

USC Title 8, Chapter 12: Immigration and Nationality

Argue if you like, but here it is in black and white. Neither section has been amended or overturned.

The real issue is activist judges blocking a Republican President in Democrat states.

 

[RodISHI]

 

[jasonnfree]

When a case comes before a federal court on EMERGENCY hearing, the judge and his clerks have already read the briefs and associated documents and prepared the majority of the court's order based on those documents. At hearing the lawyers get to argue what they've already argued in writing, and the judge has an opportunity to ask them questions and let them try to clarify or expand on what they argued in writing. Very rarely does the hearing present any new information that the court hasn't already considered.

There was no fix in place. This is how the very smart people with law degrees (less than one percent of the population) protect our Constitution from overreach by politicians of ANY stripe.

They do the very same and rule against the party YOU don't like too - and when that happens you don't scream RIGGED!!

Why are you worried about people that haven't even entered into this country yet? Are those prospective immigrants outside this country protected by the us constitution?

 

[Missouri_Mike]

I'm thinking the best move PDT could make right now is declare Hawaii the new Ellis Island. Every single one of these so called "immigrants" should land there first. After we have vetted them they can come to the main land.

 

[The Original Tree]

I find your comments disgusting and highly offensive.

The racist President and his bigoted minions strike out again.

Score reality 2, psycho right wing minions 0.

All that home schooling made you people communication deficient. You don't know how to talk to normal people.

Time to ignore the illegal and unconstitutional blocking. I hope a terrorist attack hits San Fransissyco or Jew York City....certainly deserve it!

 

[Slyhunter]

What if the judge issued an order saying the President wasn't allowed to remove Habeas Corpus?

 

[The Original Tree]

Sharia Law by definition is in direct opposition to American Law and Islam by definition is at War with America.

View attachment 116963

 

[Preacher]

I find your comments disgusting and highly offensive.

The racist President and his bigoted minions strike out again.

Score reality 2, psycho right wing minions 0.

All that home schooling made you people communication deficient. You don't know how to talk to normal people.

Time to ignore the illegal and unconstitutional blocking. I hope a terrorist attack hits San Fransissyco or Jew York City....certainly deserve it!

 

[RodISHI]

I'm thinking the best move PDT could make right now is declare Hawaii the new Ellis Island. Every single one of these so called "immigrants" should land there first. After we have vetted them they can come to the main land.

We really don't need New Zealand type facilities even in Hawaii either. It could just create a mini Palestine that the US citizens would be responsible for indefinitely.

 

[Avatar4321]

Apparently it violates the establishment clause. Yet no one knows what church it establishes

Oh for fucks sake, THIS again?!

That's not the sole application of the establishment clause! It means government can't discriminate on basis of religion! And that moron #45 just went out in public and said YET AGAIN that his purpose is to exclude MUSLIMS.

Read a book already!

I understand our current education system neglects educating the people about the constitution. And I understand you are unable to answer the question because there is no answer. That is no excuse for and uncivil response.

The constitution restrains government in two areas. I'll try to make this as simple as possible. The two areas are the establishment clause, which prevents the government from forcing a religious viewpoint and in some situations religious activities onto people, and the free exercise clause which prevents government from stopping you from practicing your religion.

This executive order doesn't force a religious viewpoint onto anyone. It doesn't mention religion. It doesn't prevent anyone from practicing their religion.

Neither clause is in play.

And for future reference if there was a law that targeting a certain religious group, it would be a free exercise issue and not an establishment clause issue.

This ruling should be overturned immediately.

Listen, really - you are embarrassing yourself.

I really actually do have a law degree, and a law license, and years of practicing in our courts and writing briefs based on Constitutional arguments.

You likely didn't take an American Government course beyond the high school level which you might have spent passing notes to the cute girl you wanted to shag. No offense, but you are WAY out of your league and really saying dumb things about judicial review and Constitutionality.

Yeah somehow I doubt that as you don't even know the difference between the establishment clause and the free exercise clause nor what they do.

Again, embarrassing yourself.

Or are you talking to a mirror?

Well, I'm not talking to a lawyer

 

[my2¢]

Another sad day for our poor defenseless Constitution.

 

[Missouri_Mike]

I'm thinking the best move PDT could make right now is declare Hawaii the new Ellis Island. Every single one of these so called "immigrants" should land there first. After we have vetted them they can come to the main land.

We really don't need New Zealand type facilities even in Hawaii either. It could just create a mini Palestine that the US citizens would be responsible for indefinitely.

I'm not thinking there will be any division. Let the immigrants arrive and just run free outside the airport. Hawaii want's them. Let them have them.

 

[Manonthestreet]

Ige on Syrian refugees: I don't have the authority to say yes or no
Lib hypocrisy on parade....by god when obama wanted to bring them in why there was nothing anybody could do but when Trump wants to keep them out why everybody has a say ......

 

[BasicHumanUnit]

Perhaps ALL immigration should be halted. That would put an end to the discrimination argument.

 

[usmbguest5318]

Did the judge say what law(s) it violated?

Well, you'd need to read the decision to know the answer to that. Why don't you do that rather than ask us?

From the article:

Donald Trump is blasting a court for halting what he's calling a "watered-down version" of his travel ban.....Trump says the ruling is unprecedented judicial overreach...

So what? Of all the things about which Trump knows little to nothing, legal theory, much less Constitutional jurisprudence, is right up there with quantum physics and ethics, the latter being something the man probably can't spell let alone understand, and we know he doesn't exhibit any of that discipline's positive characteristics.​

 

[RodISHI]

Perhaps ALL immigration should be halted. That would put an end to the discrimination argument.

They may be the prudent and wise move until all the bullshit is halted.

 

[The Original Tree]

That Judge should be impeached. He cited no laws or precedents to uphold or defend the rationale for his issuing a stay. And that is the very definition of Judical Over Reach.

 

[RodISHI]

That Judge should be impeached. He cited no laws or precedents to uphold or defend the rationale for his issuing a stay. And that is the very definition of Judical Over Reach.

The judiciary needs a good house cleaning along with the Bar Associations.

 

[OKTexas]

Dumb judge even said that he wouldn't have issued his order for any president but Trump?! Hope he vacations in sunny Syria, Yemen, Somalia, ....

That is grounds to impeach and remove the judge.

 

[Derelict_Drvr]

Trump could quickly appoint more than twice as many federal judges as Obama did in his first term

I know the above was from last December, but...

To President Trump,

The word of the day is "Commence".

Sincerly yours,
D_D