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Since this is a legal blog (none / 0) (#5)
by CaptHowdy on Mon Jan 30, 2017 at 09:28:30 AM EST
Putting aside what I personally, and as far as I can tell what Turley personally, thinks about this ban, he make a persuasive argument that this will ultimately not be stopped in the courts.

the link is to the Daily Caller

The video might be elsewhere I jus didn't look very hard.

Hey (none / 0) (#7)
by FlJoe on Mon Jan 30, 2017 at 09:55:16 AM EST
Howdy, welcome back. K. Drum's(layman's) take on it is interesting, agreeing that there is no violation of the "letter" of the law while showing there is overwhelming evidence that the "spirit" of the law has been broken.
Legally, I doubt that this is enough. I Am Not A Lawyer<sup>TM</sup>, but I gather that courts don't generally take account of arguments that rely on evidence of hidden intent unless there's truly a smoking gun. The text of the executive order carries most of the weight, and the president has extremely broad authority in immigration law. Most likely, the bulk of Trump's order will remain in effect.
but I sure hope he is correct here,
In the court of public opinion, however, the evidence suggests pretty strongly that Trump's order was, in fact, little more than a thinly disguised attempt to ban Muslims from the Middle East--except for those from a few favored allies. Pretzel-bending arguments aside, it's really pretty obvious what's going on here.


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Exactly (none / 0) (#8)
by CaptHowdy on Mon Jan 30, 2017 at 10:01:39 AM EST
I saw Turley in a different appearance than the link and that's basically what he said.  That the "letter" would matter in the courts.

I join you in hoping this is not true.

I also hope climate deniers will wake up and that I live to be 110 and die during lovemaking.


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The courts will be (none / 0) (#13)
by JanaM on Mon Jan 30, 2017 at 12:40:20 PM EST
interested in the rationale and any evidence to back that up. They will also be interested in why other Muslim countries have been omitted.

That I am aware of, none of the other exclusionary laws, orders or regs were based on religion.

This seems almost akin to pretextual arrests. If there is a legal and constitutional basis for the arrest then it doesn't matter if the real reason for the stop is that you suspect the three young black male occupants are driving a stolen car. The action must have a basis that doesn't offend the constitution.


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Waivers (none / 0) (#28)
by TrevorBolder on Mon Jan 30, 2017 at 07:45:56 PM EST
WASHINGTON (Reuters) - The U.S. government has granted waivers to let 872 refugees into the country this week, despite President Donald Trump's executive order on Friday temporarily banning entry of refugees from any country, according to an internal Department of Homeland Security document seen by Reuters.

A Homeland Security official, speaking on condition of anonymity, confirmed the waivers, noting that the refugees were considered "in transit" and had already been cleared for resettlement before the ban took effect.

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Your (5.00 / 2) (#31)
by FlJoe on Mon Jan 30, 2017 at 07:57:57 PM EST
point being?

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Yes, litigation may last (none / 0) (#10)
by KeysDan on Mon Jan 30, 2017 at 11:02:00 AM EST
for a long time.  The Court orders, essentially, maintained the status quo.  However, they did not rule on whether Trump's executive order was lawful.

The stay by the judge in Brooklyn gave a hint in that she wrote there was a strong likelihood that the two plaintiffs who were seeking to represent a class of refugees, visa holders and others, could establish that their removal would violate the due process and equal protection Constitutional guarantees.

Also, the stay included the statement that "irreparable injury" would be caused. The judge's injunction barred removal, but did not order release. Other judicial stays were either broader (Boston) which barred removal and detention, or narrower, (Alexandria) which applied to permanent residents.

The president does have broad power to control immigration, including suspension of aliens or a class of alien immigrants if detrimental to the US, but that power does not include discrimination on the basis of race, sex, nationality, place of birth, or place of residence.  

Carving out green card holders strengthens Trump's case; and there is the matter of standing--not favorable for foreigners outside the US, although states/businesses may attempt to claim damage. And, US citizen relatives of foreigners may have standing.  

An issue of dispute will be claims of motivation. Establishment of religion issues may be pursued since the executive order appears to grant exceptions to minority religions--favoring Christians over Muslims. Although, it is not clear if this applies, also, to Alawites/Shia and Sunni. Trump will need to build a better case than he has done in the rush to portray his anti-immigration creds.

In any event, it is likely to fall on the Courts to sort all of this out.  Clearly, the Trumpkins, Cabinet officers, and, in large measure, Republican officer holders are either missing in action, or busy nodding in agreement--whatever the law may be.

 Trump's announcement of a Supreme Court nominee earlier than previously indicated, may be geared to deflect attention, but the issue is so important both to American ideals and security, that it is not likely to go away.

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Probably depends on (none / 0) (#12)
by CaptHowdy on Mon Jan 30, 2017 at 11:34:47 AM EST
The size of the defelection

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