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Saturday, February 11, 2017

No Senator Schumer, the courts are not designed to be a policy check on the President...


This appears to be the next piece of the "if we can't win elections, we can decide to fundamentally change the rules" strategy employed by the Democrats. File it under #dotheyeverexpecttowinagain.

First it was Senator Feinstein who suggested as much, and now the claim has been repeated by Senator Schumer that the courts owe it to the world to basically oppose the President. According to the Senate Minority leader it's up to Justice Neil Gorsuch to "prove that he can be an independent check" on the President before he should warrant support.

Reality here folks. There is no such constitutional requirement for the Courts to provide "policy checks" on the executive branch anymore than there is a requirement of any kind for a Supreme Court Justice to garner 60 votes to be confirmed. The Congress and the People are both there (by design) to provide policy checks against the executive branch, either by passing specific legislation, overriding a veto, or by ultimately working with the electorate to replace a President who is attempting to push policies that are ultimately harmful.

The courts are there to determine whether or not what the executive and legislative branches do are "constitutional and statutorily legal"... but they do not exist in any manner, shape, or form to make any determinations as to whether otherwise legal orders or laws are ultimately good or bad.

110 comments:

Roger Amick said...

If you would actually read the decision by the 9th District, it cites specify laws that his policy on immigration.

I can send you the link, and it can be viewed as text, not just a PDF file.

Taking Matt Drudge links won't give you that.


Geez. Trumpism is horrible.

Roger Amick said...

https://www.nytimes.com/interactive/2017/02/09/us/document-Ninth-Circuit-s-Decision-on-Trump-s-Travel-Ban.html

STATE OF WASHINGTON V. TRUMP

States must be vigilant during the visa-issuance process to
ensure that those approved for admission do not intend to
harm Americans and that they have no ties to terrorism.” Id.
The Executive Order makes several changes to the
policies and procedures by which non-citizens may enter the
United States. Three are at issue here. First, section 3(c) of
the Executive Order suspends for 90 days the entry of aliens
from seven countries: Iraq, Iran, Libya, Somalia, Sudan,
Syria, and Yemen. 82 Fed. Reg. 8,977-78 (citing the
Immigration and Nationality Act (INA) § 217(a)(12),
codified at 8 U.S.C. § 1187(a)(12)). Second, section 5(a) of
the Executive Order suspends for 120 days the United States
Refugee Admissions Program. 82 Fed. Reg. 8,979. Upon
resumption of the refugee program, section 5(b) of the
Executive Order directs the Secretary of State to prioritize
refugee claims based on religious persecution where a
refugee’s religion is the minority religion in the country of
his or her nationality. Id.

Roger Amick said...

Third, section 5(c) of the
Executive Order suspends indefinitely the entry of all Syrian
refugees. Id. Sections 3(g) and 5(e) of the Executive Order
allow the Secretaries of State and Homeland Security to
make case-by-case exceptions to these provisions “when in
the national interest.” 82 Fed. Reg. 8,978-80. Section 5(e)
states that situations that would be in the national interest
include “when the person is a religious minority in his
country of nationality facing religious persecution.” 82 Fed.
Reg. 8,979.

Loretta Russo said...

"This appears to be the next piece of the "if we can't win elections, we can decide to fundamentally change the rules" strategy employed by the Democrats. File it under #dotheyeverexpecttowinagain."

CNN is busy touting the same checks and balance battle cry.

They should be on trial for inciting violence.

opie said...

Sorry CH, your conclusion as usual is bunk. The only group claiming the courts check or set policy are non-thinking republicans who have expertise in all subjects and mastery of none. And loretta once again shows she has absolutely nothing to say. Another righty who thinks she adds something to society when in reality, does nothing but complain. And gorsuch needs to go on record declaring that the donnies words about judges are out of bounds. If not, he is just another sheep on the farm.

Loretta Russo said...
This comment has been removed by the author.
Loretta Russo said...

How w is your daughter's menstrual cycle going?

Still begging for free maxipads?

C.H. Truth said...

Roger. The travel ban law is clear. I've posted it previously.


Either the courts need to explain how the President is not following that law. Or they need to declare the law itself unconstitutional.

They do neither.

They are judging the executive order as if it's the first of it's kind and judging it on whether they believe it's good policy.

Why else would they be citing their belief that there has been no terror attacks from those countries.

opie said...

Blogger Loretta Russo said...
How w is your daughter's menstrual cycle going?

Does your husband floss after eating your shit ?????? Idiot

Loretta Russo said...

Well?

Is she still begging for maxipads?

Big tough guy, aren't you?

opie said...

he travel ban law is clear

If it is so clear, why didn't the courts say so???? The clarity was its lack of clarity. LOL

opie said...

Loretta Russo said...
Well?
Is she still begging for maxipads?
Big tough guy, aren't you?

Struck a nerve, Loretta? Good. Well,you are still posting tripe like I said. Go away little girl. As hubby flosses with your strings. LOLOLOL

Loretta Russo said...

What manner of loser stalks a woman only 4'10"?

A gypsy trying to steal my identity, or worse.

What manner of loser tells the blog about his daughter's menstrual cycle?

A sick loser.

KD, Trump's Puppet, Crying Chuckie said...

Every Liberal Knows nothing about the founding of this Country or the US Constitution.

Public Schools fail.

KD, Dead Wrong said...

'72 TERRORISTS CAME FROM COUNTRIES UNDER TRAVEL BAN'

Oppsie, so the so called Judge was dead wrong, AMERICAN"S DEAD, wrong, and it does not matter, Open Borders over American Lives, the Liberal Cause over American Lives.

Loretta Russo said...

"Either the courts need to explain how the President is not following that law. Or they need to declare the law itself unconstitutional.

They do neither."

You can bet the new EO will be written with that in mind.

Sessions will see to it.

Roger Amick said...

I'm happily married to a 4'10" Panamanian Queen. We will celebrate our 8th's
anniversary on the ,28 th. Kiss my ass Twit.

Loretta Russo said...

"'72 TERRORISTS CAME FROM COUNTRIES UNDER TRAVEL BAN'"

Neither here nor there.

Government lawyers didn't do their job.

Loretta Russo said...

You stupid drunkard, I wasn't talking to you.

She's African Panamanian, drunkard.

KD, said...

All along I always thought of UCLA Barbie and his wife as Americans.

Loretta Russo said...

They're both grifters.

caliphate4vr said...

What manner of loser stalks a woman only 4'10"?

A gibbering loser that's about the same height and that wide as well?

lol

C.H. Truth said...

Government lawyers shouldn't be asked to justify for the courts why the order was made.

The President is given the discretion and authority because the intelligence community reports to him. The reasons could be various, could include classified information.

The fact that the courts are asking for justification is specifically because the obvious intentions of the court to judge the merits of, rather than the legal basis of the order.

If (as Roger claims) they were judging the legal basis, they would be asking about laws, precedent, and constitutional issues. They wouldn't provide erroneous reasons about how there have been ZERO attacks.

Loretta Russo said...

No, they shouldn't have to justify anything regarding this ruling. The President clearly has the authority.

However, government lawyers knew what the activists were arguing so I would think they would have prepared a coherent rebuttal to each and every "argument".....

Loretta Russo said...

LOL

Roger Amick said...

"There is no such constitutional requirement for the Courts to provide "policy checks" on the executive branch anymore than "

Apples and oranges.

1:Apples "There is no such constitutional requirement for the Courts to provide "policy checks" on the executive branch If the policy violates the law, or is not constitutional the courts have the absolute authority on the policy on those grounds.

2; Oranges there is a requirement of any kind for a Supreme Court Justice to garner 60 votes to be confirmed. The consitution says that the house and senate make their own rules. Of course the courts have no juristition on the rules.


The courts are there to determine whether or not what the executive and legislative branches do are "constitutional and statutorily legal" True...

but they do not exist in any manner, shape, or form to make any determinations as to whether otherwise legal orders or laws are ultimately good or bad. The 9th district court cited specific laws that the order were illegal in their opinion. They did not make any Constitutional violations.


And again, you mixed two things together that are not related to each other.

Roger Amick said...

Twit, your ignorance and bigotry is unbounded.

My wife's father was black, born in Panama. Her mother was mixed European, Spanish, and native American from the local tribes that were in Panama before the Europeans took over.

She considers herself as a Panamanian, and if you dared to make that claim it would be amusing. You would not like it.

Roger Amick said...

"They did not make any Constitutional violations" I miss typed it. They did not judge the bigoted travel ban on if it is or not, Constitutional.

Loretta Russo said...

She's black African Panamanian.

Feel better?

C.H. Truth said...

Roger...

If you accept the reality that your Democratic Party no longer controls any portion of the elected government...

It's quite easy to see that they are looking for alternative ways to produce power. Trying to convince the public that the courts are a "check on the presidency" and that some Justices require 60 votes to be confirmed... are two examples of this strategy.

Roger Amick said...

You continue to make apple juice out of grapes.

"that some Justices require 60 votes to be confirmed.." That is a rule of the Senate, the courts have no jurisdiction on the rule.

""check on the presidency" I think we both agree that the use of executive directives has been over used for at least eight years, the Obama Administration.I am troubled with the use of it by Trump, because i see it as his way to try and get around the give and take of passing legislation.

Obama used them less than getting legislation through the congress, because the Republicans would not even allow laws to come to a vote. The immigration reform for example. It passed the Senate with a bipartisan majority. The Tea Party Republicans had enough power to keep Bohner from bringing it to a vote, because it would have passes. And the Republicans within six weeks of his election, they vowed to never let him get credit for anything.

You agreed with the Republican stategery, but you seem to endorse Trump from abusing the executive order. The Republicans control both hoses, he could have gotten it passed with little delay. The congress probably would have written it better than Trump's team did Not Trump himself, he doesn't have a clue on how to write anything to do with actually using the system. I don't think the Democrats are trying to put a "check on the President". This is no different than the Republican blockade of any Obama legislation.

opie said...

Loretta Russo said...
What manner of loser stalks a woman only 4'10"?
A gypsy trying to steal my identity, or worse.
What manner of loser tells the blog about his daughter's menstrual cycle?

LOL. What loser has her husband floss when he eats her shit????

Anonymous caliphate4vr said...
A gibbering loser that's about the same height and that wide as well?

A rugby player who can't walk and chew gum at the same time....the reason why he plays rugby. LOL

Please note the level of posting here, sophomoric at best.....childish as a norm. Impressive display of cogent discourse by our extremist friends who are never wrong or say anything of note. Way to go guys.

rrb said...


If you accept the reality that your Democratic Party no longer controls any portion of the elected government...

It's quite easy to see that they are looking for alternative ways to produce power.
___________________________________________________________________________________________________________________________________________

precisely. this is the essence of what is really going on here.

after getting their collective clocks so thoroughly cleaned, democrats have but one avenue to fuck with trump and that is through the courts.

if granny the drunken liar had been elected and she had invoked the exact same order, we wouldn't even be having this conversation.

hypocrisy is the bedrock of liberalism.

Roger Amick said...

Hillary Clinton would not have issued a Muslim ban.

If President Hillary Rodham Clinton had issued the same executive order, I would have been again it. Unlike you, I have principles. Got moose-limbs or Beaners?

rrb said...

Roger Amick said...
Hillary Clinton would not have issued a Muslim ban.
____________________________________________________________________________________________________________________________________

trump didn't either.

read the order. then read it again. and again. and one more time for good measure.

find the word "muslim" in the order.

it's not there.

and btw genius, if trump had wanted to order an actual muslim ban, he would've included a whole host of countries that have much larger muslim populations than the seven on his - and 0linsky's - list.


this whole exercise shows just how juvenile, petty, and petulant the democrats have become. for chrissakes, can't you assholes just lose gracefully? we suffered in relative silence for 8 years under 0linsky. no riots, no beatings, no burnings, nothing. and on the occasions that the right did assemble as the tea party, the assembly was peaceful, and they left the venue cleaner than they found it.

rational clear thinking people would've grown up by now, because the way you're behaving is why you got trump, and why you will get a full 8 years of trump if you keep it up.

2018 will be here before you know it, and if the GOP can flip 8 senate seats in the states trump won, you guys will be royally fucked.

you had better get your shit together, and fast.

Loretta Russo said...

Well?

Is your daughter still wearing tampon earrings and begging for maxipads?

rrb said...


i'm old enough to remember when the left was going apeshit because supposedly trump had refused to rent to black people...



Roommates Wanted. Trump Supporters Need Not Apply.

https://www.nytimes.com/2017/02/10/us/politics/roommates-trump-supporters.html?_r=0



i suppose segregation is cool as long as it's liberals doing the segregating.

hypocrisy.

bedrock.

liberalism.

Roger Amick said...

Racist Rodents Policy

Sweeping raids by U.S. immigration officials in recent days nabbed hundreds of individuals believed to be in the country illegally, spreading alarm among immigrant rights groups as they scrambled to gather information and warn people in communities nationwide.

Through social media and pop-up legal clinics, immigrant rights groups have doled out around-the-clock assistance, even as federal officials pushed back against the notion that the detentions reflected a vast overhaul of immigration law enforcement ordered by President Trump.

Officials with the Department of Homeland Security confirmed that Immigration and Customs Enforcement agents had conducted “targeted enforcement operations” focused on detaining people with criminal backgrounds in cities across the country. Officials described the operations as “routine.”

Nearly 200 people throughout Georgia, North Carolina and South Carolina were arrested last week during raids, according to a preliminary tally provided by ICE’s Atlanta field office. In the Los Angeles area, more than 150 arrests were made in a weeklong operation, ICE officials said.

http://www.latimes.com/nation/la-na-immigration-raids-20170211-story.html

The cover story is that they are normal. We all know that these are. My Mexican neighbor has sanctuary.

rrb said...

Nearly 200 people throughout Georgia, North Carolina and South Carolina were arrested last week during raids, according to a preliminary tally provided by ICE’s Atlanta field office. In the Los Angeles area, more than 150 arrests were made in a weeklong operation, ICE officials said.
______________________________________________________________________________________________________________________________________

excellent.

for the first time in years, 8 to be exact, the rule of law has meaning again.

a small consolation to people like kate steinle's family of course, and many more like them who have lost a loved one at the hands of an undocumented democrat, but at least it's something.

let's step it up.

oh and btw, rog...


Some Senate members cannot figure out how to pay for the border wall that the administration wants. And unless new funding is found they are threatening to stop the wall construction.

But a solution has apparently been found. Sanctuary cities are refusing to obey Federal immigration law. So they will lose billions in Federal assistance... "The 12 cities with the most illegal immigrants and the federal funding received last fiscal year are: New York ($7.6 billion), Chicago ($5.3 billion), Philadelphia ($590 million), San Francisco ($509 million), Los Angeles ($502 million), Seattle ($284 million), Providence ($235 million), Denver ($227 million), Austin ($207 million), Newark ($207 million), Portland ($174 million), and Minneapolis ($118 million)."

OpenTheBooks.com identified 106 sanctuary cities in the United States in their oversight report, released Friday. In all, cities that ignore federal law by harboring illegal immigrants are receiving $27.741 billion in grants and direct payments in fiscal year 2016.

http://directorblue.blogspot.com/2017/02/quite-tragic-defunding-sanctuary-cities.html#more



$27.741 billion. that should about cover it.

Loretta Russo said...

"The cover story is that they are normal. We all know that these are. My Mexican neighbor has sanctuary."

Of course, it's meh- he- fournia.

Post your social security number.

We'll wait.

Loretta Russo said...

"27.741 billion. that should about cover it."

I say give meh - he - fournia to meh - he - co. It would be cheaper to wall off meh - he - fournia's eastern border.

Loretta Russo said...

Meh - he - can words for the day....

Ice mocha

My girlfriend eese mad at me because ice mocha lot of weed.

:->

opie said...

http://directorblue.blogspot.com/2017/02/quite-tragic-defunding-sanctuary-cities.html#more

What a find, rat. That source is about as credible as this little slice of heaven for alternate facts. And loretta trolls away in her stupid, immature way. Be proud.

Loretta Russo said...

Waiting.....

Is your daughter still wearing tampon earrings and begging for maxipads?

wphamilton said...

The 9th Circuit Appeals Court did not make a decision about the Travel Ban, and therefore was not deciding policy. The question and decision was about whether the original District court's injunction should be set aside, and not abut the ban itself.

The reasoning leading to the 9th Circuit's flawed decision most definitely involved a judicial review of policy.

It strikes me now that the Republicans, including Trump, are suffering from a karmic leveling due to their own intransigence. If Trump's lawyers now bump the EO injuction to the Supreme Court he will face a politically divided court and need one of the left-leaning Justices to agree with his case on the matter of law. Had the Republicans fulfilled their obligations to the Constitution and American people by confirming a new Justice, Trump would need to convince one of five rather than one of four, which would be an easier task.

Roger Amick said...

CH and I were having a good, respective dialogue about his post.

When two of the regulars woke up after sleeping off a hangover, the debate turned into insults and angry attacks.

So sad.

KD, said...

Trump is given a thumbs up by the World .... IMF sees a much stronger US Economy in 2017 , changing away from a no job creation no growth ObamaNation, to well, a TrumpNation.


"World Economic Outlook Upbeat for 2017"




KD, Trump Wins Stacking up and will continue said...

If you accept the reality that your Democratic Party no longer controls any portion of the elected government...

It's quite easy to see that they are looking for alternative ways to produce power. Trying to convince the public that the courts are a "check on the presidency" and that some Justices require 60 votes to be confirmed... are two examples of this strategy. " CHT

Correct.

And calling it a muslim ban is incorrect.

Loretta Russo said...

Tell your prick friend Opie to stop trolling me, white boy.

KD, Hire Legals said...

Oroville Dam emergency spillway in use for first time in history "

Will those in CA, given a gift from GOD of water use it wisely or not?
California’s second-largest reservoir filled with so much water Saturday, thanks to extraordinary winter storms and damage to a release channel, that officials at Oroville Dam took the unprecedented step of opening the lake’s emergency spillway.

Dam operators said the maneuver posed no risk of flooding or dam failure on the Feather River, about 75 miles north of Sacramento. But the move sent lake water cascading down a muddy hillside where boulders and brush in the untested, unpaved spill route threatened to wash into the Feather River and create hazards for fish and levees downstream.

The lake’s power plant and electrical transmission towers at the foot of the dam, the nation’s tallest at 770 feet, were also being monitored for damage.

Officials said the emergency spillway, activated at 8 a.m. Saturday, would remain in use through at least Sunday night as mountain runoff from recent storms continued to fill the lake.

“The event that we never wanted to happen, and didn’t expect to happen, has happened,” said Doug Carlson, spokesman for the California Department of Water Resources, which owns and operates the dam and reservoir. “But it has performed as we hoped it would, even though it was the first time.”

We will see. The ranchers and farmers hope so and get that AG Economy growing again.



caliphate4vr said...

Fatty did you and your boys at abovetopsecret.com figure out if we're descendants of Greys or Reptilians?

LMAO

Loretta Russo said...

"Trump's lawyers now bump the EO injuction to the Supreme Court"

Doubtful it goes to the Supreme Court.

Roger Amick said...

Republican opposition to the Affordable Care Act has always been premised on comparing an actual law, with its compromises and trade-offs, to an imaginary alternative. A Republican ad promises, “Health insurance that provides more choices and better care at lower costs, provides peace of mind to people with preexisting conditions … House Republicans have a plan to get there, without disrupting existing coverage.”

The end of the ad directs viewers to “learn more” at https://abetterhealthcareplan.com/. But when you visit the site, it’s just a big video of the same ad that directed you to the site, along with two brief sentences of text. (“There is a plan to get there. The House Republican Healthcare Plan lowers costs, provides more control and more choices to pick a plan that meets our needs, not a plan that Washington mandates.”) The Republican plan turns out to consist of an assurance that there is indeed a plan.

The Republican Party, faced with the catastrophic real-world consequences of repealing the Affordable Care Act, is divided over how to proceed. Some nervous Republicans want to figure out what they want to put in place of Obamacare. Senator Mike Lee insists that Republicans repeal Obamacare first, before they decide on an alternative. And his reason is straightforward: If people saw the Republican alternative, they might not like it! “There is a lot less agreement about what comes next,” he tells Julie Rovner. “If we load down the repeal bill with what comes next, it’s harder to get both of them passed.”

That is very true. If people see what Republicans would put in place of Obamacare, they would probably rather keep the status quo. Lee is right that the best way to eliminate Obamacare is to remain vague about the alternative. It’s a little odd for him to come out and admit this, though.

http://nymag.com/daily/intelligencer/2017/02/republican-admits-why-gop-health-plan-must-remain-secret.html?mid=fb-share-di

They know how to read the polls. They know they could lose the congress if they toss 20 million people into the trash.

Loretta Russo said...

LOL

Roger Amick said...


Blogger Loretta Russo said...
She's black African Panamanian.

Feel better?

Drunkard

Spam

Etc.

Obsession Disorder

KD, Germany Shifts Politically said...

Germany Has a new President, Mierkel is out.

Looks like Putin stole that election too.

"The Kremlin said in a statement that Russian President Vladimir Putin had congratulated Steinmeier in a telegram and invited him to visit Moscow.

Steinmeier last year drew criticism when he said NATO's decision to stage military maneuvers in eastern Europe amounted to "saber-rattling". His Social Democrats prefer a softer stance towards Russia than Merkel...."

Loretta Russo said...

LOL. We're not going to lose Congress.

With chuckles the clown and Sanders the commie calling for more riots, Trump is guaranteed reelection with the down seats to follow.

Loretta Russo said...

Epic drunken disorder.

Loretta Russo said...

"Germany Has a new President, Mierkel is out"

It's too late.

It was a matter of time before the Germans went crazy again.

Roger Amick said...

I have to admit that George W Bush got something right.

He was very careful about distinguishing the difference between the vast majority of Muslims and the murderous radicals. Trump and the racist rodent bigot, lump them all together. Moose-limbs, Radical Muslims. Trump is the best recruiting bait for ISIS.

Not an insult, the absolute truth. aka the Coldheartedtruth.

Roger Amick said...

It was a matter of time before the Germans went crazy again.

We already have done that in November.

Loretta Russo said...

If this keeps up, democrats are screwed - royally.

"Congress Job Approval Jumps to 28%, Highest Since 2009"

http://www.gallup.com/poll/203606/congress-job-approval-jumps-highest-2009.aspx

Keep rioting, please.

Loretta Russo said...

"He was very careful about distinguishing the difference between the vast majority of Muslims and the murderous radicals"

Obama wasn't.

He was too big of a chicken shit to speak the difference.

Loretta Russo said...

Still waiting for Roger's social security number, since he thinks illegal immigrants are innocent victims....

Loretta Russo said...

LOL....

"The increase in congressional job approval in February is mainly the result of a surge in Republicans' approval, which more than doubled in the past month, to 50%. Independents' approval increased slightly to 25%, and Democrats' approval dropped eight points to 11%."

You were saying Roger?

KD said...

Devastating

KD said...

Still waiting for Roger's social security number, since he thinks illegal immigrants are innocent victims...." Ette


Every challenge put to HB, he fails.

I am still waiting for him to post that Democrat Economic Plan by Hillary that was a game changer and assured her victory over President Trump.

Loretta Russo said...

"Every challenge put to HB, he fails."

He's just another loudmouth PUSSY.

opie said...

Loretta Russo said...
"Every challenge put to HB, he fails."
He's just another loudmouth PUSSY.

So says our little native pussy. LOL!!!

C.H. Truth said...

The congress probably would have written it better than Trump's team did

Congress did write a law. It allowed this travel ban very specifically. The law gave authority and discretion to the President

opie said...

Me think you missed the point, CH. A 31 year old punk wrote the EO and I agree anyone would have written it better and all this BS would have been avoided....but no, he wanted it now and the saying things done in haste are reviewed in leisure.

Loretta Russo said...

Keep smokin your crack, gypsy.

opie said...

Loretta Russo said...
Keep smokin your crack, gypsy.

Your crack, loretta????? I didn't know you were flammable. BWAAAAAAAAAAAAAAA!!!!

C.H. Truth said...

Opie... this was written by career lawyers, and was sent to, vetted, and approved by the office of legal council at the justice dept, homeland security counsel, and the National security council.

It was not hastily written by Steve Bannon or anyone else the idiots in the media claiming.

wphamilton said...

Loretta there is one reason Trump may feel obliged to take the issue to the Supreme Court. If he simply writes another executive order that addresses the 9th Circuit's concerns, and which corrects whatever the original District Court felt was unconstitutional, then he has validated those courts' authority to veto policy. That sort of thing doesn't just stop when you "fix" the first instance to satisfy them - they'll keep doing it until you challenge them and win.

If Trump doesn't want to replay this fight every time a West Coast court disagrees with Administration policy, he will contest every adverse decision.

Commonsense said...

I agree with WP. He has to fight the 9th circuit's decision or he's going to have the court look over his shoulder for the rest of his term.

C.H. Truth said...

If however they end up 4-4 in the USSC basically they would be allowing a 9th Circuit ruling to create precedent...

At this point the arguments are regarding the stay. I believe this would have to go back to original district Judge for a full hearing.

Rewriting it to avoid the stay probably does not create a true legal precedent. Just a tangible political one.

Roger Amick said...

You two put up your Social Security number.

I won't show even the last four digits.

KD said...

Making Ette's point, nice job HB.

KD, CA Drama Queen said...

Speaking of Califonicated Pussy/

So they have a dam that might fail because the State Failed to Manage the water , like I said days ago, will they use the gift from GOD wisely. Answer, NO, they let this get away from them.
In a time when cool heads and calm decisions needed to be made and the public re-assured you know what you doing, enter this chicken little pussy:

"“The situation has been stressful,” said Mark Ghilarducci, director of the state Office of Emergency Services. “It’s complex and rapidly changing, so we are doing everything we can to support Butte County and the local authorities to be able to address most of the folks who have been displaced.”

Read more here: http://www.sacbee.com/news/state/california/water-and-drought/article132332499.html#storylink=cpy

Roger Amick said...


Reality here folks. There is no such constitutional requirement for the Courts to provide "policy checks" on the executive branch.

I agree that they can't dispute policy. But if, and it's a big if. If the policy violates the Constitution, or the law, they can block the implementation of the policy.

KD, HB back on the Clock said...

Really, care to quote verbatim where you see that in the US Constitution.

Thanks.

Roger Amick said...

White House Policy Advisor Stephen Miller

"OUR OPPONENTS, THE MEDIA AND THE WHOLE WORLD WILL SOON SEE AS WE BEGIN TO TAKE FURTHER ACTIONS, THAT THE POWER OF THE PRESIDENT TO PROTECT OUR COUNTRY ARE SUBSTANTIAL AND WILL NOT BE QUESTIONED."


This is an attack on our Constitution. We cannot allow Donald J. Trump to ignore the Constitution of The United States Of America.

The President, has repeatedly attached the judicial branch, with "So called judge" and "politically motivated" justices. President Donald J Trump is getting dangerously close to defying court orders to implement his policies, whether or not that the judicial branch off our co equal branch of our government, determines that his policy illegal or Unconstitutional. We must not allow this man, to one handedly, to bring us into a Constitutional crisis

opie said...

So they have a dam that might fail because the State Failed to Manage the water

Wrong, mutton breath. Unless they can turn off the pineapple express, Ca will continue to have record rain falls which have lead to the lake overfilling.

opie said...



"We are contemplating new and additional actions ... to ensure our immigration system is not [a vehicle] for terrorists," said Miller, the author of the executive order.

Tell me CH, why is the UPI reporting Miller as the author rather than your unsubstantiated claim??? I won' hold my breath..

Roger Amick said...

The President has no incentive in helping the state of California. The state harbors more illegal immigrants than any other state and has multiple sanctuary cities that violate federal laws. The state very publicly supported Hillary Clinton throughout the election and the President views the state as being responsible for his loss in the popular vote, something he has had trouble with accepting. They have also recently threatened to leave the Union through their #CalExit campaign, and the President sees this as an opportunity to let them deal with the consequences of their exit. There is a sickness within the liberals in this country that they are not willing to address. Until they understand what ails them can they hope to find the cure. This is a step in the right direction in finding the #CureForWellness. “

The state has declared an emergency due to flooding in Northern California.

The Republicans in congress can not stand by and let this man to destroy our Constitutional republic.

KD, LOL @ HB, Trump cause flooding in CA said...

rain falls which have lead to the lake overfilling." Opium, which man made computer mode where they using to predict rain.

The one I use is the God Model, it is going to rain , and when it does you should plan well before it does to control it on the lands you own.

On your land do you have ponds over 1/2 acre big?

The State of California had 6 years of drought , 6 years to inspect their dams and spill ways, over flows to assure when the RAIN came they were in position to collect control and win.

They failed to do any of those things.

The President has no incentive in helping the state of California." ACLU Barbie

What help does your state need?

rrb said...

Blogger Roger Amick said...
The President has no incentive in helping the state of California.
______________________________________________________________________________________________________________________________________

if i were trump i'd tell governor moonbeam to grab a mop and go fuck yourself.

that's the thing about liberals, in addition to being glaring hypocrites they always want things both ways.

show some balls rog, and pull the trigger on your cal-exit.

KD, Fore Warned CA did nothing, except keep water from AG BUSI said...

EL NINO: FEMA releases emergency response plan in case of floods, other disaster


FEMA rolls out plan to coordinate multiple-agency response to flooding anticipated from a rainier, rainy season."

FEMA warned CA, did they listen, did they plan, did they pre-release water ?

Did they keep water from the Farmers and the Ranchers , YES , they did that, hurting the dairy and beef industry ,,,, now MOOMBEAM did not do his job, and now CA Cry's to President Trump for aid.

Unlike UCLA Barbie, Moonbeams begging to President Trump will be funded. You can thank the new President now HB.


opie said...

Things are going smoothly at the business of running the country......

Trump friend critiques Reince Priebus: ‘It’s pretty clear the guy is in way over his head’

Newsmax Media CEO Christopher Ruddy said he spoke with the president Friday and recommended that Trump replace his chief of staff. He told CNN that Priebus does not understand how federal agencies operate, and he said three Cabinet secretaries later praised his criticism.
By Philip Rucker

Silence of the tweet about Flynn, wonder when he'll be fired.

opie said...


FEMA warned CA, did they listen, did they plan, did they pre-release water ?

WTF is wrong with you? Yes they released water.....next! And, what exactly did fema warn, a link would be nice. LOL

opie said...

Never mind.....

TUCSON, AZ (Tucson News Now) -
Flood Insurance may be something people in California have on their minds as FEMA (Federal Emergency Management Agency) warns that floods could cause massive damage this winter in California.

With an extreme El NiƱo in full swing this fall and winter the weather pattern is expected to be quite active along the coast and mountains of California. This active pattern should bring large and strong low pressure systems into the western states, bringing plentiful amounts of rain.



Seems to me a lot of maybes in what you claim as proof of nothing. Nice try, farmer joe. LOL

rrb said...

The Republicans in congress can not stand by and let this man to destroy our Constitutional republic.
_______________________________________________________________________________________________________________________________________

sure they can and i sincerely hope they do.

run on down to the home depot and load up your truck with mops, "let's do this" buckets, and beaners.

you'll be fine.

between all the beaners and all the pansy-assed liberals in your state, you should have the manpower to cover this.


KD, CA many Failures, cry for Fed money now said...

"200,000 Ordered out in Evacuations"

I pray that they do not become victims of CA Moonbeam mismanagement and those below him in government that are charged with the safety of the People below those dams.

They simply did not manage the flow of water to those reserves.
Other Dams in CA are also under pressure and might fail.

Once this dam goes, it is like dominoes.

Opium how many ponds over 1/2 acre do you have on the land you own?

OMG, TOO FUNNY.

With this Rain the snowflakes in CA have gone from not my PRESIDENT to President Trump Please .

KD, According to Opium CA was unaware it would rain said...

Rat do not forget how well those tampon can dam up a real breach.

Just get in a little liberal circle and get to using them.


CA Moonbeam now admits Trump is his President.

Ouch

Roger Amick said...

Seig Heil Donald Trump!

You are going to regret your love and the support of Trump.

KD, Dancing in the Rain , Just Dancing in the Rain said...

Thanks for you imput on my point Opium, CA was warned two years back by FEMA using man made models, then there was the warning you posted, and yet, CA Moonbeam and those under his command, did not do the proper releases of water, inspections of the largest Dam in CA, nor did they do the proper inspection and maintenance of the spill ways.

CA now admits Trump is their President a month late.

Welcome aboard CA. Guess the CalExit is off?

Roger Amick said...

The grown up are in charge?

December 14, 2016
A secret U.S. military investigation in 2010 determined that Michael T. Flynn, the retired Army general tapped to serve as national security adviser in the Trump White House, “inappropriately shared” classified information with foreign military officers in Afghanistan, newly released documents show.

Although Flynn lacked authorization to share the classified material, he was not disciplined or reprimanded after the investigation concluded that he did not act “knowingly” and that “there was no actual or potential damage to national security as a result,” according to Army records obtained by The Washington Post under the Freedom of Information Act.

rrb said...



when everyone is hitler, no one is hitler, alky.

a new schtick - get one.


and perhaps all the money you clowns have pissed away on your high-speed "pillowbiter express" could have been spent on something you actually need - a mechanism to address your fundamental infrastructure.


rrb said...

A secret U.S. military investigation in 2010 determined that Michael T. Flynn, the retired Army general tapped to serve as national security adviser in the Trump White House, “inappropriately shared” classified information with foreign military officers in Afghanistan, newly released documents show.
___________________________________________________________________________________________________________________________________________

unless you can show "intent" you got nothing, skippy.

that precedent has been SET.

it's commonly known as the "cankles rule."


rrb said...

and yet, CA Moonbeam and those under his command, did not do the proper releases of water, inspections of the largest Dam in CA, nor did they do the proper inspection and maintenance of the spill ways.
______________________________________________________________________________________________________________________________________

well, the man had priorities, like providing sanctuary to murderous beaners and re-labeling restrooms "sexual predator zones."

we don't call it the land of fruits and nuts and flakes for nothing.

KD, President Trump CA Savior said...

Although Flynn lacked authorization to share the classified material, he was not disciplined or reprimanded after the investigation concluded that he did not act “knowingly” and that “there was no actual or potential damage to national security as a result"

He can always use the Hillary Defense and you would forgive all wrongs, Right HB?

Why is CA now finding out that President Trump is their new BFF, well they mismanaged the streams, rivers, ponds, lakes , dams and spill ways so they need $$$$$, so they now admit President Trump is the President.

Putting to bed that line of bs. Not My President no more, so admits Moonbeam, will others follow.

KD, HB Predicted Trump will not help CA, said...

we don't call it the land of fruits and nuts and flakes for nothing."

a reminder, CA has been in a 6 year drought, so where did they spend a lot of the water from the dams, well on saving the two spotted toad.

Not to the humans to produce food and meats, they got nada (yes, a little Spanish lingo).

LOL hat n Hand Moombeam, pretty please President Trump can you please save my people from CA Gov Mistakes, please.

I want the money from President Trump to go to CA, being the bigger man is easy, winning over Moonbeam is easier still.

KD, Let it Rain , Let it Rain, coolness said...

it's commonly known as the "cankles rule." RRB

Exactly

opie said...

a 6 year drought, so where did they spend a lot of the water from the dams, well on saving the two spotted toad.

So you are acting as God telling us who can live and who cannot? LOL goat breath.

opie said...

and yet, CA Moonbeam and those under his command, did not do the proper releases of water, inspections of the largest Dam in CA

Horse shit.....nothing more than your incorrect opinion. 2 idiots in the same pod. LOL

opie said...

Opium how many ponds over 1/2 acre do you have on the land you own?

How many times has Ca asked for your advice about flooding, goat breath???? LOL ,

C.H. Truth said...

If the policy violates the Constitution, or the law, they can block the implementation of the policy.

- Travel Bans have always been allowed under the constitution.
- There are specific statutory laws that provide the authority and discretion to the President.

Again Roger... this is not a "Trump issue". Trump didn't write the order himself. Nor was it written by Steven Bannon. It was written by immigration attorneys who work for Congressional members. It was vetted by the Office of Legal Council of the DOJ. It was vetted by the department of Homeland Security and the N.S.A.

Trump signed it. As President.

If you read the rulings by the Justices, they don't even acknowledge the actual law that is in place that allows the President to do so. Nor do they acknowledge the historical precedents for such bans. They pretend (for all practical purposes) that this law doesn't exist and that this is the first travel ban ever initiated.

Moreover, if you read the friends of the court briefs from John Kerry, 98 different corporations, and everyone else on the left... none of them are addressing the constitution or the law. They are addressing either their opinions that the order was not necessary or they are arguing about how the travel ban might injure their own financial situation (although it's incredibly dubious to believe that Microsoft cannot fill their positions without using people from these seven countries).

The Justices in question erroneously argued IN WRITING that there was no evidence of any threat from these seven Countries and that there had been no known attacks from anyone from these countries. How can you argue that this is not the Justices imposing "their own" opinions and Judgments (as wrong as they are) over the opinions and Judgement of collective executive branch and all of their resources?

The fact that anyone would rather see Justices (with no knowledge of national security concerns) transposing their own judgement about the validity of a National Security order that has been vetted by multiple security branches of our Government... is absurd as a matter of fact.

This is... quite frankly... 100% Trump Derangment Syndrome. There is no other logical explanation to take National Security out of the hands of the multiple government national security organizations that have thousands of employees under charge...and put it into the hands of uninformed Justices who seem (quite frankly) more concerned with the ability of Corporations to replace American tech engineers with cheaper h1 visa workers.

rrb said...

If you read the rulings by the Justices, they don't even acknowledge the actual law that is in place that allows the President to do so. Nor do they acknowledge the historical precedents for such bans. They pretend (for all practical purposes) that this law doesn't exist and that this is the first travel ban ever initiated.
_______________________________________________________________________________________________________________________________________

indeed.

and the irony, and hypocrisy of the left on this issue was on full display not very long ago.

remember when liberals wanted to ban anyone on the terror watch list from purchasing a firearm? i'm talking actual american citizens, on the list in error. guys like steven hayward who writes for that fascist rag "the weekly standard."

the left shrieked that they were not to be afforded the same due process liberals would now bestow upon non-citizens.

and who can forget good old lil elian gonzalez? kicked out of this country literally at the point of a gun. liberals at the time cheered his deportation. perhaps because he was being sent back to that socialist utopia - cuba.



"The Justices in question erroneously argued IN WRITING that there was no evidence of any threat from these seven Countries and that there had been no known attacks from anyone from these countries."

yup. while a quick googly search reveals the exact opposite.

this issue is asshattery on stilts, so it's no wonder roger would dig his heels in on this one.

opie said...

Seems to me goat farmer that fema, who does not predict or forecast floods, was concerned that many in California in flood prone areas do not have flood insurance......and were trying to get those people to buy it. Oh well of little intellect, your entire statement is complete BS as usual. Thanx for playing, goat breath.