it was just announced minutes ago, that the 3 person appeal court
unanimously agreed that the Muslim travel ban was not acceptable… I suspect
it will hit the US supreme court within the day and a quick ruling there…
Kropotkin
after hearing the decision, I took a short nap (hay, I’m old)
and have been listening to commentary about this order…
the most interesting thing is this… one of the arguments the government
gave for this EO was that the president is the only one who is in charge
of national security and the EO was not reviewable by ANYONE…
This is a extreme view of the executive branch…
that orders by the president is not reviewable by the court system…
that destroys the entire concept of the system of government we have
which is checks and balances… where each branch can check and balance
the other branches… the appeal court completely and utterly destroys that
argument in a 28 page review…
if the executive orders are not reviewable, we no longer have a democracy,
we have a dictatorship, pure and simple…this case will most likely be
review by the supreme court and then bounced back to the lower courts…
the best option for 45 is to tear up this executive order and
rewrite a new one, but that would mean 45 would have to admit
he was wrong about something and he would let the world end before
he admitted he was wrong about something…
all in all, it was a major loss for the administration…and
every time he attacks a federal judge, he loses ground… tonight
he said, this decision was political… which hurts him…
so far 4 judges have looked at this case, 2 GOP and 2 dems
and it has been 4-0 against 45…
Kropotkin
You understand Trump can just sign another, slightly different executive order any time he feels like it, right?
Using the courts to restrict obvious presidential powers doesn’t work too well in the end.
K: and part of the right’s attack upon Obama “overreach” was about his use of exactly
what 45 is doing today? Executive orders! and as far as the courts restricting presidential
power… that is their exact function in the American system of checks and balances, to
provide checks and balances on the power of the executive and legislative branch…
of course he will sign executive order after executive order after executive order
because he doesn’t care about the constitution or checks and balances because
if he did, he would wait for the congress to act and then he would sign or not sign.
he uses the EO the way he does, because he is trying to run the country via executive
orders and thus circumnavigate the other two branches of government…
time tested method of governing by dictatorships.
Kropotkin
The Dept of Justice attorneys were ordered to stand down by Sally Yates. And the court merely said that Trumps lawyers didn’t give a good argument for overturning the judge. They didn’t say whether the ban was legal or illegal, merely that Trumps lawyers presented a poor case for appeal.
Which is understandable when you consider the DNC hadn’t let Trump have an Attorney General yet, and the 9th Circuit is so liberal-stacked that there’s virtually no chance of getting a fair ruling anyway.
Executive orders can’t circumvent the courts, and he doesn’t need to circumvent the congress because it’s run by Republicans, so what are you talking about? Obama used executive orders to get around the legislature because he lost the House and the Senate and elected officials didn’t support what he wanted to do. This couldn’t be more different. Are you seriously saying Trump is making executive orders because Mitch McConnell and Paul Ryan are standing in his way?