BREAKING : Trump’s Immigration Ban Will Win Over Seattle Judge’s Nationwide Order
Friday, a federal judge from Boston issued a 21-page decision that debunked a Seatle federal judge’s order limiting some aspects of President Trump’s executive order.
Whose position is likely to ultimately win?
Looks like President Trump and the Boston judge have this one in the bag.
From Lawnewz.com
Just a quick review of the two written orders can tell you which one is likely to win. The Boston judge cited a wide range of precedents for his decision in his detailed written order. The Seattle judge issued a short order devoid of almost any reference to any precedent, which is the “evidence” for lawyers on the law. Add in comments made by the Seattle judge verbally, and if any aspect of that is correct, the Seattle judge’s opinion will lose, and Trump’s position will win.
The Evidence
Both judges appeared to reject the position of many critics: both appeared to reject the position the First Amendment prohibits the order; both appeared to reject the position the Fifth Amendment prohibits the order; both appeared to reject the position that Congressional statutes prohibit the order. Both appeared to reject claims the order discriminated on the basis of speech or religion in any way that immigration law precludes or forbids. Instead, both agreed all that mattered is whether the laws had a “rational basis.”Here is where the Boston judge and the Seattle judge appeared to disagree. According to reports of what was said at oral argument in Seattle, the Seattle judge believes rational basis review requires the law-making branches of government “prove” with “facts” presented in court that their position is the correct one. As the Boston judge noted, this interpretation of the law — inviting the judicial branch to replace the elected branches of government — is directly contrary to precedent. This is why the Seattle judge’s opinion is likely to lose out ultimately, and Trump’s will prevail.
As the Boston judge explained, the Supreme Court provided that rational basis review merely means the law “bears some fair relationship to a legitimate public purpose.” The Supreme Court made clear rational basis review “is not a license for courts to judge the wisdom, fairness or logic of legislative choices.” (Heller v. Doe by Doe, 509 U.S. 312 (1993).
Immigration law includes a “delicate policy judgment” courts must not invade, as the Supreme Court itself said, and the Boston judge reiterated. Plyler v. Doe, 457 U.S. 202 (1982). As the Ninth Circuit reiterated, “we defer to the political branches in the immigration field.” Ruiz-Diaz v. United States, 703 F.3d 483 (9th Cir. 2012). As the Boston court noted, the order clearly and expressly relates to concern of “infiltration by foreign terrorists” from countries identified as a risk for just that without further vetting procedures put in place. Rational basis review “is not a genuine effort to determine the actual reasons for the law, nor to inquire into whether a statute actually does further the announced interest of government. All that is required is a) does a government interest exist in securing the country from terror?; and b) does the law limiting entrants purport to relate to that interest? It does not matter if the judge thinks it shouldn’t relate or won’t relate. That decision is for the lawmaker, not the law interpreter.
The Seattle judge seemed to believe no such vetting process was “rational” unless facts showed a foreign terror incident had already successfully occurred in this country. (Even under higher levels of scrutiny, the courts have never required the evil sought to be prevented actually occur before passing law to try to prevent it from occurring in the first place.) This is second-guessing law-making decisions, not seeing whether there was a “reason” given as the “basis” for the decision, which is all rational basis review allows in our tri-partite form of government.
Closing Argument
Second-guessing Trump’s decision is for elections, not judges. The Supreme Court long ago rejected such second-guessing as impermissible. The Boston’s judge’s thoughtful and deliberate decision follows the precedents, as the law compels. The Seattle judge’s decision tries to substitute for the legislative branches, which the law condemns. In the ultimate outcome of these decisions, memories of Super Bowls past will prove prescient: Like the Patriots, Boston will best Seattle once again.
Amy Moreno is a Published Author, Pug Lover & Game of Thrones Nerd. You can follow her on Twitter here and Facebook here.
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How does this shady Seattle judge have the right to overrule the Boston judge, and to rule for the entire nation, and most importantly how can he violate Constitutional law and defy our President? How is the cartel allowed to go ‘judge shopping’ until they find a ruling they like? Why can’t the Trump Admin get a law abiding judge to overrule shady Seattle? The globalist cartel is probably trying to hurry terrorists in so an event can derail #pizzagate and the reported arrests of high level pols next week. Judge James Robart should be recalled from the bench. Even other Arab countries have banned people from the 7 countries listed on Trump’s order.
“section 212(f) of the Immigration and Nationality Act of 1952.” It says, “Whenever the president finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, the president 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 non-immigrant’s or impose on the entry of aliens any restrictions he may deem to be appropriate.”
WE AMERICAN CITIZENS HAVE A RIGHT TO SURVIVEABILITY AND TO THRIVE IN OUR HOMELAND.
The Liberals have driven us BELOW the LEVEL OF SURVIVEABILITY, during the OBAMA administration, ACCORDING TO THE CDC.
MANY factors combine to cause such a thing, and the Liberals have tried to hide their work to create this state by masking with a FLOOD of ILLEGAL ALIENS, who are not a THRIVEABLE PART of a STABLE and HEALTHY COMMUNITY.
http://www.washingtonexaminer.com/baby-bust-u.s.-population-growth-crashes-to-80-year-low/article/2610398 is one sourced story on a part of the problem.
This total package of utter destruction of our Social Structure has been at work since the 1940’s AT LEAST, on a pretty much ignorant and unaware American population not paying attention to the DELIBERATE WORKINGS of several cells, determined to cause the total collapse of all the various elements giving America an integrated Social Strength in a network of Healthy, Thriving Communities – which were growing too large for the average person to keep track of who were the real underbelly of Movers and Shakers, who were doing more DISMANTLING than BUILDING.
More CHAOS and NUDGING in wrong and unhealthy ways, than STRENGTHENING of our existing working and successful models.
We are at a level of LACK OF THRIVING that now well below the level from which ANY NATION ON EARTH has ever RECOVERED and returned to a THRIVING state.
We aren’t talking about growing NUMBERS of populations.
We are talking about SUCCESSFUL CONSEQUENTIAL GENERATIONS of Posterity who continue to grow better, healthier, better educated, more financially stable as family structures, building on better physical health, better cleaner farming and ranching, better mental health of the community in General, and more likely to help eachother in times when that is needed – to build stronger fiduciary and neighborly relationships to help protect the whole against adversarial predatory or natural elements, whether Natural Disasters, or packs of wild animals or packs of robber dens, etc, be fought off successfully by an integral and HEALTHY interaction of Community members working together.
THIS ASSAULT by PUBLIC SERVANTS for RAVAGING “REFUGEES” IS NOT A HEALTHY RESPONSE to Dangerous situations or the way to help Disaster victims from neighboring nations.
THIS CURRENT POLICY and PROGRAM IS DESTRUCTIVE for the SOURCE NATION of the “REFUGEES” as well as the “CHARITABLY SUICIDAL NEW HOST” Nation.
ITS ONLY GOAL is DESIGNED to be adversarial and DEADLY! to incite a WAR and nothing else.
If A single Judge can rule over the country why the hell do we even need a president? Just let the judges rule the land. This is a simple argument I make to show the stupidity of this Judges decision and why I think it is ill-conceived and will be overturned!
DeplorableMe:
I think it’s a distraction due to next weeks round up of congressmen and others @ PizzaGate scandal. It’s a wait and see game. I totally agree with you.
Good bye Judge! You just lost your re-election bid!
IF ANYONE HAS RIGHTS IN THIS SITUATION, IT IS WE THE PEOPLE!!!
IT IS OUR GOD-GIVEN UNALIENABLE RIGHT TO DEMAND OUR PUBLIC SERVANTS KEEP AND EXERCISE THEIR OATH OF OFFICE AND PROTECT US OF THIS COUNTRY!
TO PROTECT THOSE FROM OTHER COUNTRIES BEFORE US IS TREASON, “Aiding the enemies”!!!
ROBART IS VIOLATING HIS OATH OF OFFICE IN DEFENDING FOREIGNERS!!!
RESIGN JUDGE!!!