9th Circuit Court of Appeals Refuses to Reinstate President Trump’s Travel Ban

[Crabtownboy]

President Donald Trump’s travel ban will remain blocked, a federal appeals court in San Francisco ruled Thursday.

The unanimous ruling from a three-judge panel means that citizens of seven majority-Muslim countries will continue to be able to travel to the US, despite Trump’s executive order last month.

Click here to read the 29-page 9th U.S. Circuit Court of Appeals ruling.

“On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies,” the judges wrote. “And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination. We need not characterize the public interest more definitely than this… The emergency motion for a stay pending appeal is denied.

The judges rejected the Trump administration’s claim that the court didn’t have the necessary authority to review the ban.

“There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy,” the judges wrote in the order.

http://ktla.com/2017/02/09/9th-circ...rump-travel-ban-expected-by-thursday-evening/

You can read the 29 page ruling by clicking on the link below:


https://tribktla.files.wordpress.com/2017/02/17-35105-web.pdf

 

[Baptist Brother]

The 9th Circuit court is lawless. Basically, they ruled that the rights of non-Americans outside the country have a greater constitutional right than the President and Congress to border policy.

 

[righteousdude2]

The 9th Circuit court is lawless. Basically, they ruled that the rights of non-Americans outside the country have a greater constitutional right than the President and Congress to border policy.

This court is a microcasm of the overall problems in the once Goldeb State. THEY THINK THEY ARE RUNNING CALIFORNIA, I SAY THEY ARE RUINING CALIFORNIA. We have become a state comprised of elitists and entitled welfare recipients; spoiled unversity students looking for a plush safe zone to park their lazy a$$e$ in whhile they smoke pot and puff on the E-cigarettes; career entitlists living off welfare; and a mixture of illegal aliens who have safety zones in most cities up and down the coast.

Is it any wonder the state is rotten to its core. After a big sporting event the MVP is interviewed and asked what he wants to do next, and he/she always say, "I'm going to Disneyland!"

After an illegal is caught sneaking accross our border, processed and released, pending a hearing; they are asked what they are doing next, and with a smug smile they say, "I am going to California!"

 

[Crabtownboy]

The 9th Circuit court is lawless. Basically, they ruled that the rights of non-Americans outside the country have a greater constitutional right than the President and Congress to border policy.

The government lost it case when:

1. repeatedly the judges ask for evidence and the government's lawyer said they should simply take his word on it. The government did not produce evidence and were chided by the judges for this. One judge said something like, "So you want us to simply accept what you say with no evidence?"
2. when the Justice Department argued that the president had "unreviewable authority to suspend the admission of any class of aliens."

 

[righteousdude2]

The government lost it case when:

1. repeatedly the judges ask for evidence and the government's lawyer said they should simply take his word on it. The government did not produce evidence and were chided by the judges for this. One judge said something like, "So you want us to simply accept what you say with no evidence?"
2. when the Justice Department argued that the president had "unreviewable authority to suspend the admission of any class of aliens."

AGREED ... the wimps, heldover from the Obama administration made a poor representation. I would have gone in there with stats showing how in Minnesota there have beennumerous Somoli immigrants arrested from becoming radicalized, as well as citizens (teens/young black men) wanting to travel to Pakastan and Syria, etc., to fight forISIS. Plus several young ladies who went to terrorist nations to be female slaves for terrorists.

I would have presented how the Pakastani wife of the San Bernardino killer was taught and radicalized prior to being "vetted" and allowed entrance to America to marry the America Muslim, whom she radicilized, and helped to blow away 14 innocent co workers who just weeks earlier through her a baby shower. And point out how HOMELAND did a terrible vetting job of her.

How the Ohio State terrorist was poorly vetted, and flew under the radar until he took a knife and took out 11students. How our FBI missed his radicalization.

Yes, the DOJ, Obama sympathizer didn't come prepared in both facts and more importantly, his heart wasn't in it.

And that is just the start. I remember how the military and FBI somehow miss read the shrink at Ft. Hood, and again, another Muslim, killed innocent Americans.

In my opinion, Trump was too nice. If I were POTUS, I would have temporarily paused every nation that holds a majority of Mulsims. Includinf Saudi's.

 

[Baptist Brother]

The law states, "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."

I don't see how that law places any burden of proof upon the president. It's what the President finds, not what the Court finds. And, in the absence of finding the president is violating the Constitution or the Law, the Court has no basis for blocking Trump's order. Non-Americans in foreign countries have no inherent legal or constitutional right to come to America.

 

[carpro]

Means nothing.

The 9th is reversed over 80% of the time. The entire court should be impeached for gross incompetence.

 

[Rob_BW]

Means nothing.

The 9th is reversed over 80% of the time. The entire court should be impeached for gross incompetence.

 

[carpro]

They already have, many times over.

 

[carpro]

The 9th Circuit court is lawless. Basically, they ruled that the rights of non-Americans outside the country have a greater constitutional right than the President and Congress to border policy.

They rendered this most recent decision without ever mentioning the relevant statutes. It wasn't based on the law or the constitution all. Purely political.

 

[Crabtownboy]

Means nothing.

The 9th is reversed over 80% of the time. The entire court should be impeached for gross incompetence.

That is a myth. Read an article the other day that debunks this. The number of cases accepted for review by the Supreme Court is less than 2%. Of the number accepted. 0.109 percent of all cases, the number from the circuit court is 25% of the cases in the 0.109%. So the 80% is totally a myth that sounds good until you dig a bit and find out it is a totally false number. Of those reviewed the 9th does not have the worst record. They are 3rd on that list. See the graph below.

Let’s take a look at the ABA report that generated this talking point. The study covered ten years (1999-2008) across all appellate circuits. During that period of time, the total number of cases decided by all appellate courts was 604,665. How many did the Supreme Court accept for their review? A mere 660 cases, or 0.109% of all decisions reached by the appellate level. The Ninth Circuit accounted for 175 of the cases reviewed, or about 26.5%, but the same circuit handled 114,199 of all appellate cases — 18.9% of the total.

The surpassingly small number of reviews made it difficult to set up a metric that could distinguish between the courts. Dealing with variant outcomes within 0.109% of an overall data pool makes outcomes statistically insignificant, as the ABA hinted in its report:


Reversal rates for each court of appeals would be very small, in the range of a tenth of a percent, if calculated as the total number of cases reversed over the total number of appeals terminated by that court. Conversely, if the reversal rate is calculated as the total number of cases reversed over the total number of cases reviewed by the Supreme Court, the ratio increases dramatically. So, in the big picture, i.e., considering all of the appeals terminated by each circuit, reversal rates for all courts of appeals could be very low, if calculated by the former method, or very high, if calculated by the latter method.

http://hotair.com/archives/2017/02/10/does-the-9th-circuit-really-have-an-80-reversal-rate/

 

[Baptist Brother]

According to the above link, in a period of about a decade, the 9th Circuit court had 107 cases reversed, and 33 vacated. In a distant second is the the 2nd Circuit court with 38 cases reversed and 3 vacated. It also appears that the 9th Circuit court is the biggest burden to the Supreme Court, by far.

In any case, judges from the Left routinely rule without honest regard for the Constitution. The Democrat party proudly rejects democracy (like the peoples of many states who voted against homosexual marriage), the Constitution, court precedent, and anything else that doesn't serve its left-wing interests.

 

[777]

The turnover rate of the Ninth can be misinterpreted because the Ninth is by far the biggest of all the circuit courts - it really needs to be broken up but doing so will be extremely hard.

About last week, now supposedly one of the judges there want an en banc
review of the other three's decision - why? They are going to meet up again later this week to see if they will do so. Last time they pulled this was with a gun control measure, but then they ruled for the 2A and the en banc session struck it down. Even when they do that, it's not really being en banc because they only pick 11 out of the 29 or so - that's because the Ninth is just too big, split it up. There are four current vacancies for Trump to fill but it's till a huge circus.

The Ninth is stacked full of leftists because the court is dominated with judges from CA, OR, and WA -McCain and Flake both want to break the Ninth up too, but I think they are looking to Phoenix to be the HQ of the new circuit court. The Ninth overturns so much because they have so many cases. The district is over a 100 years old and they kept add every new state to it, and now you have this huge monster and a chaotic district court - some of their decisions are sound (not this one, though) but it's a crap shoot - these three judges here were selected randomly and even the en banc ruling, if there is one, could be out of sync with the Ninth itself because of this problem.

 

[MsGuidedAngel]

The 9th Circuit Court is Full of Extreme Left-Wing Liberals!!

 

[righteousdude2]

Means nothing.

The 9th is reversed over 80% of the time. The entire court should be impeached for gross incompetence.

The entire group of judges on that bench are in the path of the possible flood waters from that dam up north of us! If the Supreme Court doesn't over rule them, the dam water may wash them all out to sea!

 

[Baptist Brother]

A busy appeals court is a symptom of a crooked appeals court. If appeals courts ruled with integrity, there wouldn't be much demand for them. We'd know how they would rule, so both sides would save themselves the cost of further litigation. But, we don't know how they'll rule because they're arbitrary.

In this case, Congress gave Trump the authority to block immigration for any reason Trump himself finds necessary. If the courts had integrity, no one would bother challenging Trump's order in court, because the law is clear.

The 9th Circuit ruling is doubly bad, because following their twisted logic, any limits on immigration are unconstitutional.