June 26, 2017

Trump Wins Travel Ban at SCOTUS - Sort of

Timothy Birdnow

Trump wins at SCOTUS - at least temporarily.

http://www.mercurynews.com/2017/06/26/trump-travel-ban-allowed-by-u-s-supreme-court/

From Mercury News:

"But a day after Trump signed the first order, mass protests were staged across the country and on Jan. 28 a judge in New York temporarily blocked part of order. U.S. Judge Ann M. Donnelly held that the petitioners challenging the ban had a "strong likelihood of success” in establishing that their removal "violates their rights to Due Process and Equal Protection guaranteed by the United States Constitution.”

The Supreme Court opinion made clear it does not agree.

In fact, some of the justices would have gone even further, disagreeing that foreigners with clear connections to the U.S. should be able to skirt the ban. Three of them — Clarence Thomas, Samuel Alito and Neil Gorsuch — said Monday they would have allowed the entirety of Trump’s travel ban to take effect while the court considers the case.

"For individuals, a close familial relationship is required,” the court said in its opinion. "A foreign national who wishes to enter the United States to live with or visit a family member . . . clearly has such a relationship. As for entities, the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading” Trump’s order, the high court order said.

Justice Thomas said he doubted those distinctions will hold up."

End excerpt.

While the law and the legal precedents are crytstal clear on this - and there is zero right to even review this by the Court system according to previous SCOTUS rulings - Obama appointed judges simply rewrote the law based on what they wanted. While the Supreme Court is hardly conservative, it at least did its job and followed its own precedent.

So why did they push this off until October? Is Atnthony Kennedy going to retire? This makes the case even stronger.

Posted by: Timothy Birdnow at 10:50 AM | No Comments | Add Comment
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