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Undermine 03-18-17
What 2 Obama Judges Got Wrong in Striking Down Travel Executive Order
Hans von Spakovsky / @HvonSpakovsky / March 16, 2017
Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform—as a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies and manager of the think tank’s Election Law Reform Initiative. Read his research.
Two federal judges, both nominated by President Barack Obama, have issued injunctions against President Donald Trump’s revised executive order temporarily restricting travel from six terrorist safe havens in the Middle East and Africa.
The decisions by Derrick Kahala Watson in Hawaii and Theodore David Chuang in Maryland should shock no one—not because the judges are correct, but because their decisions follow the same pattern as prior decisions in Washington state and the 9th U.S. Circuit Court of Appeals over the first order.
These rulings ignore or misinterpret federal immigration law that gives the president the clear authority to act and prior Supreme Court precedents that support the legality of the president’s actions.
Watson issued a nationwide injunction against enforcement of Section 2 and Section 6 of Executive Order 13,780, “Protecting the Nation From Foreign Terrorist Entry Into the United States.” read more below
Hans von Spakovsky / @HvonSpakovsky / March 16, 2017
Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform—as a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies and manager of the think tank’s Election Law Reform Initiative. Read his research.
Two federal judges, both nominated by President Barack Obama, have issued injunctions against President Donald Trump’s revised executive order temporarily restricting travel from six terrorist safe havens in the Middle East and Africa.
The decisions by Derrick Kahala Watson in Hawaii and Theodore David Chuang in Maryland should shock no one—not because the judges are correct, but because their decisions follow the same pattern as prior decisions in Washington state and the 9th U.S. Circuit Court of Appeals over the first order.
These rulings ignore or misinterpret federal immigration law that gives the president the clear authority to act and prior Supreme Court precedents that support the legality of the president’s actions.
Watson issued a nationwide injunction against enforcement of Section 2 and Section 6 of Executive Order 13,780, “Protecting the Nation From Foreign Terrorist Entry Into the United States.” read more below
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Although he travels frequently, Michael P. Ramirez works and lives near Los Angeles, California.
Although he travels frequently, Michael P. Ramirez works and lives near Los Angeles, California.
These are the provisions that would have suspended entry of foreign aliens for 90 days from Iran, Libya, Somalia, Sudan, Syria, and Yemen, as well as the entry of refugees for 120 days until the Department of Homeland Security has had a chance to revamp its vetting procedures.
Chuang—who worked in the Civil Rights Division of the Justice Department at one point--issued an injunction only against part of Section 2, saying that the plaintiffs had not provided sufficient evidence to warrant an injunction against the refugee provision in Section 6.
Both judges based their decisions on a supposed violation of the Establishment Clause that bars religious discrimination, even though both judges acknowledge that the actual language of the executive order does not discriminate.
Watson admits that it “is undisputed that the Executive Order does not facially discriminate for or against any particular religion, or for or against religion versus non-religion.” Nevertheless, Chuang claims (as does Watson) that “the history of public statements continues to provide a convincing case that the purpose of the Second Executive Order remains the realization of the long-envisioned Muslim ban.” read more at the Daily Signal
Chuang—who worked in the Civil Rights Division of the Justice Department at one point--issued an injunction only against part of Section 2, saying that the plaintiffs had not provided sufficient evidence to warrant an injunction against the refugee provision in Section 6.
Both judges based their decisions on a supposed violation of the Establishment Clause that bars religious discrimination, even though both judges acknowledge that the actual language of the executive order does not discriminate.
Watson admits that it “is undisputed that the Executive Order does not facially discriminate for or against any particular religion, or for or against religion versus non-religion.” Nevertheless, Chuang claims (as does Watson) that “the history of public statements continues to provide a convincing case that the purpose of the Second Executive Order remains the realization of the long-envisioned Muslim ban.” read more at the Daily Signal
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A Federal Judge in Hawaii Upsets the Constitutional Order to Defy Trump
by DAVID FRENCH March 16, 2017 3:17 PM @DAVIDAFRENCH NATIONAL REVIEW
To protect the feelings of some residents, a court unconstitutionally strips power from Congress and the president.
The unfolding series of judicial decisions blocking the Trump administration’s past and present temporary travel bans — especially the ruling handed down last night in Hawaii — if upheld by courts of appeal or the Supreme Court, would risk fatally undermining our nation’s constitutional national-security structure and our national sovereignty, and could extend and magnify our military conflicts abroad. To understand why and how, you have to know the meaning of one word: “standing.”
To simplify a rather complex legal doctrine: Rules on “standing” mean that not just anybody can waltz into federal court and challenge government actions. To maintain an action, you must demonstrate that you have suffered a violation of a recognized right. To use the lingo of the courts, you must show that your injuries are “concrete and particularized.”
If you’re, say, a shopkeeper in Raqqa, Syria, who possesses neither a visa granting you entry to the United States nor a green card, you have precisely zero recognized constitutional rights that help you gain entry into this country. If you hired a lawyer in the United States in an effort to sue your way into this country, claiming rights under the First Amendment, a court would toss you out of court with all due speed.
Faced with this legal reality, here’s what the Hawaii court did: It used the hurt feelings (yes, really) of American residents and the hypothetical economic harm to American states and local institutions to functionally grant constitutional rights to tens of millions of non-Americans living in jihadist, and jihad-dominated, countries. read more
by DAVID FRENCH March 16, 2017 3:17 PM @DAVIDAFRENCH NATIONAL REVIEW
To protect the feelings of some residents, a court unconstitutionally strips power from Congress and the president.
The unfolding series of judicial decisions blocking the Trump administration’s past and present temporary travel bans — especially the ruling handed down last night in Hawaii — if upheld by courts of appeal or the Supreme Court, would risk fatally undermining our nation’s constitutional national-security structure and our national sovereignty, and could extend and magnify our military conflicts abroad. To understand why and how, you have to know the meaning of one word: “standing.”
To simplify a rather complex legal doctrine: Rules on “standing” mean that not just anybody can waltz into federal court and challenge government actions. To maintain an action, you must demonstrate that you have suffered a violation of a recognized right. To use the lingo of the courts, you must show that your injuries are “concrete and particularized.”
If you’re, say, a shopkeeper in Raqqa, Syria, who possesses neither a visa granting you entry to the United States nor a green card, you have precisely zero recognized constitutional rights that help you gain entry into this country. If you hired a lawyer in the United States in an effort to sue your way into this country, claiming rights under the First Amendment, a court would toss you out of court with all due speed.
Faced with this legal reality, here’s what the Hawaii court did: It used the hurt feelings (yes, really) of American residents and the hypothetical economic harm to American states and local institutions to functionally grant constitutional rights to tens of millions of non-Americans living in jihadist, and jihad-dominated, countries. read more