Friday, February 10, 2017


In a ruling that seemed to slam the lawyering put on by Trump's team, the 9th Circuit Court refused to lift the injunction preventing the implementation of Trump's muslim ban.   While largely refusing to weigh in on the merits of the case, the court (in several key passages) seemed to be highlighting the government's lack of basic understanding of the law:

"The Government indeed asserts that it violates separation of powers for the judiciary to entertain a constitutional challenge to executive actions such as this one.  There is no precedence to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy."
Read between the lines:  You should have learned in high school civics class the reason we have three branches of government is to place checks and balances on each other
 The Government asserts that "unlike the President, courts do not have access to classified information about the threat posed by terrorist organizations."  . . . But the Government may provide a court with classified information.  Courts regularly receives classified information under seal and maintain its confidentiality. Regulations and rules have long been in place for that.
Read between the lines: Courts are allowed to have secret information, too-- they've been doing that a long time.
The procedural protections provided by the Fifth Amendment's Due Process Clause are not limited to citizens.  Rather, they apply to all "persons: within the United States, including aliens, regardless of whether their presence here is lawful, unlawful, temporary or permanent."
Read between the lines: Another lesson from high school civics class
"The government has offered no authority establishing that the White House counsel is empowered to issue an amended order superseding the Executive Order signed by the President.  The White House Counsel is not the President, and he is not known to be in the chain of command for any of the Executive Departments.
Read between the lines:  No one can change an Executive Order other than the President himself.  That's why they call it an 'Executive Order'
Despite the district court's and our own repeated invitations to explain the urgent need for the Executive Order to be placed immediately into effect, the Government submitted no evidence.
Read between the lines: You need to give judges evidence-- they're not going to just take your word on it
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.
Read between the lines: We're not going to fall for bullshit.  If you are going to say terrorists are coming from these countries, then give us evidence that this has happened at least once in the past.

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