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Monday, June 26, 2017

High Court reinstates Trump travel ban !!!

... will hear arguments


WASHINGTON (AP) — The Supreme Court is letting the Trump administration mostly enforce its 90-day ban on travelers from six mostly Muslim countries, overturning lower court orders that blocked it.
The action Monday is a victory for President Donald Trump in the biggest legal controversy of his young presidency.
The court did leave one category of foreigners protected, those "with a credible claim of a bona fide relationship with a person or entity in the United States," the court said in an unsigned opinion. The justices will hear arguments in the case in October.
Trump said last week that the ban would take effect 72 hours after being cleared by courts. The ban would apply to citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen.
The Trump administration said the ban was needed to allow an internal review of the screening procedures for visa applicants from those countries. That review should be complete before October 2, the first day the justices could hear arguments in their new term.

This is big news for the Trump Administration. Not only did the court agree to hear the case, but they reinstated the travel ban while they take up the review. According to the concurring opinion of Thomas, Alito, Gorsuch - the Government is likely to win on review:

The Government has satisfied the standard for issuing a stay pending certiorari. We have, of course, decided to grant certiorari. See ante, at 8–9. And I agree with the Court’s implicit conclusion that the Government has made a strong showing that it is likely to succeed on the merits—that is, that the judgments below will be reversed. The Government has also established that failure to stay the injunctions will cause irreparable harm by interfering with its “compelling need to provide for the Nation’s security.” Ante, at 13. Finally, weighing the Government’s interest in preserving national security against the hardships caused to respondents by temporary denials of entry into the country, the balance of the equities favors the Government.

More to the point, by the time October comes around, the ban itself will have ended. So in essence, the President garners a short term win on the ban itself. The longer term arguments will be heard at a later day.

Bona Fide Relationship: 

There seems to be some confusion on the term "bona fide relationship" which was the suggested exception to the ban. I heard one argument that "liberal justices" will just rule that everyone has some sort of "bona fide relationship" and effectively wash the ban. But there does seem to be a specific legal term regarding the expression, where bona fide relationship is akin to a provable "engagement" to a U.S. citizen, having immediate family in the United States, or having some form of job or student status. Not sure how broad this meaning could be taken, but it seems unlikely that you can prove bona fide relationship because you have buddy who currently resides in the United States. It will take more than than.

Update:

At this point there appears to be a mixture of opinions on both sides. In other words, conservatives are not 100% satisfied (although some are pretty damned close) and some liberals are hanging onto the "bona fide relationship" clause as a means to argue a partial win.

The one thing pointed out is that there was no dissent offered by anyone other than the one signed by Thomas, Alito, and Gorsuch that did not believe the reversal went far enough. That suggests (although it technically doesn't proves) that the Justices were pretty much in agreement to reinstate the ban in the form that they did. (Some are even calling it a unanimous decision). Perhaps it was the sort of compromise necessary to get everyone on board?

42 comments:

Loretta said...

So much winning, LOL!

#MAGA!!!

caliphate4vr said...

Through all the defeats, Trump was forced to play on what amounts to his opponents' home turf: The 9th Circuit, based in San Francisco, is dominated by President Bill Clinton's nominees. The 4th Circuit, based in Richmond, is dominated by President Barack Obama's nominees. All 13 judges on those two courts who voted to strike down the revised travel ban were appointed by Democratic presidents.

C.H. Truth said...

nobody wants to talk about this? How odd?

rrb said...

nobody wants to talk about this? How odd?
__________________________________________________________________________________________________________________________________________

really.

i expected an alky-lanche of kevin drum copy/paste's by now.




rrb said...

All 13 judges on those two courts who voted to strike down the revised travel ban were appointed by Democratic presidents.
___________________________________________________________________________________________________________________________________

proof positive to me that judges appointed by democrats have no familiarity with the rule of law.


Commonsense said...

They will hear the case next October but the opinions about the likelihood of the government prevailing means the 9th and 5th circuits are going to get a very public scolding when the case is finally decided.

rrb said...

Loretta said...
So much winning, LOL!

#MAGA!!!
____________________________________________________________________________________________________________________________________


winning bigly, indeed.

my fear is that this will drive another homicidal liberal whack-a-doo over the edge though.

Roger Amick said...

Me, 50/50.

If they don't have any connection in the country, keep them out.

The rest remains in place until later.

It's not as big a deal, as the Trump worshippers,AKA ...believe.

Roger Amick said...

Fuck you I'm under medical care I'm in hot recovery and very advanced recovery and doing very god damn well despite how much you hate me fuck you rat already. Wonder gym everyday 5 to 6 hours a day and I don't care what you think you little rat bastard I don't access your best your best wishes rather I am in unbelievably good shape I cannot believe it's been over three weeks and I am almost ready get almost fully recovered I have no liver problems at all believers in great shape and I'm gonna kick your fucking ugly ass with my brain tied behind my back

Commonsense said...

It's not as big a deal, as the Trump worshippers,AKA ...believe.

Yeah, it is. They need to come down hard on judicial encroachment into the executive and legislative branches.

Otherwise, the judiciary will lose credibility.

Roger Amick said...

There is no CBO thread yet but considering the fact by 2026 22 million Americans will not have insurance reduce the deficit live 22 million people uninsured more than they would've been insured under Obamacare as far as I understand it . I don't think the senator hospital is going to pass is actually act like grownups the dark the donkey hats get off the elephants ass off there and be honest and work it out that's why we did it for hundred years we're not doing that anymore bugs me
I don't think Donald Trump would like to have his legacy 22 million people uninsured or what even if it cuts the deficit that's just not fair you should not leave these people on the street or in the care of their families who are also trying to make a living on their own to take care of their elderly that's what those laws are for Medicare Medicaid especially why not let's keep it works we can modify it make make it cheaper there's better ways than just throwing rocks at each other and act like idiots it's driving me out of my mind men are crazy as rat but nobody is crazy rat

Roger Amick said...

CS you don't get it they have to make the final decision as if it's even constitutional they did not make the determination yet through the whole thing out the Constitution matters not what Donald Trump tells you to fucking think try that for once

KD, Alky is so stupid and Financial Dependent on others said...

Loretta said...
So much winning, LOL!

#MAGA!!!


Yep, what for the left here to move from this DEFEAT , to some other subject.

This is a YUGE Defeat of Alky, WP, Odopie, Jane , Hillary, Sanders, Obama , Warren and other woman like Schummucker and best of all the 9th Circus again lost.

The west coast got bent over and punked in their sitters, bleeding from their recum.

KD said...

anyone here have any idea why the welfare receiving Alky had this outburst of child like emotions?

"Roger Amick said...
Fuck you...."

wphamilton said...

It's not "a defeat of WP" Ace -I was the first person here to declare that the 9th Circuit would be reversed and that the Government wins on the purely legal basis.

I am 100% vindicated by this ruling. I haven't read it, but I bet that every point I made initially is prominent in the decision.

Commonsense said...

CS you don't get it they have to make the final decision as if it's even constitutional

Not one dissent publish by any of the sitting liberals. There were three dissents by conservatives who thought the ruling didn't go far enough.

Come fall it looks like a 9-0 decision.

This was judicial overreach. Plain and simple.

C.H. Truth said...

Roger - there apparently isn't a single Justice on the Supreme Court (not even Ginsburg) who was willing to uphold the stay at this point...

This strongly suggests that neither the fourth or the ninth arguments are legitimate in the end.

Which is what many of us have been saying all along.

caliphate4vr said...

There is no CBO thread yet but considering the fact by 2026 22 million Americans will not have insurance

Yeah, when people are no longer forced to buy a shitty product, they stop

Shocking

And 22 million were supposed to be on the exchange this year per CBO and you don't have half that

Roger Amick said...

I have no problem with the decision people that have no connections could easily be terrorist and there's no reason that people random people come in the country they want to counters that are known to have Terrace keep them out but a fair family or legitimate businesses for legitimate reasons to be here fine that is what that's what the decision was there's nothing wrong with that I had no problems with the judgment not at all I don't get lawyers guys trying to turn that into a big nuclear bomb it's not it's a long way from being settled even CH mentioned that it's waiting for a final decision after in the fall don't know,

caliphate4vr said...

Who didn't see this coming? Oh yeah, liberals

Seattle's minimum wage hurt low-wage workers' earnings, study says

C.H. Truth said...

Roger - the reality is that the USSC did not agree that the travel ban was either a racist or that it was without merit... if they felt either argument was valid they would not have agreed to review the case... or at the very least left the injuction in place while they reviewed.

The action of allowing the ban to be implemented was an obvious signal.

The opinion written by Thomas expresses the obvious... that the court feels that the Government's case has a pretty good chance of being successful.

You have been arguing for how long that his travel ban was an unnecessary Muslim ban that was illegal... and now you pretend that this decision doesn't bother you?

Of course it bothers you... it allows Trump to claim he was right and the 4th and 9th were wrong.

Commonsense said...

Who didn't see this coming? Oh yeah, liberals

Seattle's minimum wage hurt low-wage workers' earnings, study says


Stupid is as stupid does.

Roger Amick said...

the Senate version of TrumpCare is DOA

Five Republican senators are both going to oppose the early vote. They're going to not even consider until after coming back from July 4 break. The problem people have is the devastation of Medicaid. The American Medical Association the AARP and almost every other have a good group for elderly people as opposed this to the limit.

We can sit here all alone and discussed and argue and complain about ideological differences but the bottom line is the approximately 22 million people uninsured by 2016, Donald Trump's legend. McConnell is working behind the scenes dropping favors or theats for the people to get them change their minds. There are signs is not working at all the differences are across the political spectrum in the Republican Party.

Personally I think it's rather heartless to leave the poorest people behind America which is Medicaid in order to give the richest substantial tax cuts.

President Trump's obsessive desire to repeal every piece of Obama sponsored policy is distracting from the business of running the business the government.

Even ardent supporters of Donald Trump on this board and other places must recognize this man is not "normal" He has issued tweets and then the next day contradicts himself.

The stuff you don't like, recovering from a transplant this is almost flawless and I'm working on physical issues everyday for this as I will today and I'm getting better I should get released from Thursday to go home. My Cordinator said to me the other day that she is never seen anybody come and their facility with just the shorter time after after transplant and being in the condition I'm in and through and improving so quickly.



rrb said...




good for you alky. just don't break your spindly little arm patting yourself on the back.

Commonsense said...

AARP and the AMA supported Obamacare. Look how well that worked out.

I look at their support with more than a little skepticism.

Commonsense said...

We can sit here all alone and discussed and argue and complain about ideological differences but the bottom line is the approximately 22 million people uninsured by 2016

News for you. This is 2017 and Obamacare is still in force.

caliphate4vr said...

AARP's entire reason for existing is to fleece younger American's for old people

I've said it before, the generation in its 60's now are greediest asswipes to ever exist.

rrb said...

Anonymous caliphate4vr said...
Who didn't see this coming? Oh yeah, liberals

Seattle's minimum wage hurt low-wage workers' earnings, study says
_______________________________________________________________________________________________________________________________________

McDonald's stock has hit new highs in recent days, despite fast-food industry woes. Why? Mickey-D's is replacing 2,500 human workers with digital kiosks this year. Way to go, minimum-wage advocates!

Working from the absurd idea that if higher wages are good for individual workers, it must be socially beneficial to have government order all employers to pay their workers more, progressives and other leftists have had extraordinary success in forcing small businesses to pay higher minimum wages.

Big Mac's stock is up 27% this year. Why? Pushed by concerns over a rising minimum wage, the fast-food chain is replacing human cashiers as fast as it can. But it really has no choice.

By the end of 2017, it plans to have digital cashiers in 2,500 restaurants; by 2018, another 3,000 restaurants will go digital. They're also going to let you order via mobile device at 14,000 restaurants by year end. McDonald's calls it the "Experience of the Future" strategy.

That's thousands of workers gone. That's no future jobs for young people with no skills, no training, no education and no alternative who might have found a job at McDonald's.

http://www.investors.com/politics/editorials/the-minimum-wage-job-killer-strikes-again/

a local mcd's franchisee just installed them. but during a local news interview he was clever enough to say that reducing labor costs was NOT his motivation.

Commonsense said...

We certainly are. Crappy parents also, looking at the behaviour of our children and grandchildren.

rrb said...



I've said it before, the generation in its 60's now are greediest asswipes to ever exist.
________________________________________________________________________________________________________________________________


and the alky is their queen.


rrb said...

News for you. This is 2017 and Obamacare is still in force.
_______________________________________________________________________________________________________________________________________

it sure is. and my governor is freaking out because in order to keep his medicaid expansion scheme afloat he's looking at a massive tax hike for all NY'ers who actually pay taxes.

his lame strategery? blame it on republicans:


Gov. Andrew Cuomo on Monday warned of the need for a new $2.3 billion tax to offset the cost of the state absorbing county Medicaid expenses if an add-on to federal health care legislation is signed into law.

The bill currently before the U.S. Senate preserves an amendment tacked onto the House version that would require New York state — and New York state alone — to absorb county Medicaid costs beginning in 2020. Cuomo wrote in a letter to members of Congress that state taxpayers will face a “‘Faso-Collins Federal Tax’ added onto local property taxes” if the provision makes it into law.

Though the language of the letter is a bit vague, the Daily News reported earlier Monday that the proposed new Faso-Collins tax would actually be listed as a line item on county property tax bills.

Cuomo named the tax after Reps. John Faso, R-Kinderhook, and Chris Collins, R-Erie County, who are behind the Medicaid cost-shifting effort. They say that if counties (in other words, everywhere but New York City) are relieved of the Medicaid burden, county officials could proceed to reduce property taxes.

What’s more, they claim the state can reduce budget bloat to make up for the new cost.

“For decades, Albany’s Medicaid mandate and resulting property taxes have burdened New Yorkers unlike in any other state,” Faso said last week. “What we’ve got to show for this scheme is people fleeing our state in droves, businesses relocating, and crushing and often unpayable bills for those who stay behind.”

But Cuomo, who has threatened to sue if the cost-shifting requirement becomes law, has indicated that the same population of taxpayers has to fund the non-federal share of Medicaid. Under the legislation passed by the House and now before the Senate in slightly amended form, federal funding would be slashed by the same amount as the county share if the state fails to pick up the tab.

The mechanism “amounts to nothing more than a political Ponzi scheme, and New Yorkers aren’t fooled,” Cuomo wrote in his letter to the congressional delegation. “The Faso-Collins shell game … will force every resident of this state to pay a ‘Faso-Collins Federal Tax’ added onto local property taxes to make up the difference to avoid decimation of our healthcare system.”

http://blog.timesunion.com/capitol/archives/275912/cuomo-raises-prospect-of-faso-collins-federal-tax/

the genius can probably expect another exodus from NY. we may even lose ANOTHER house seat or two.

Commonsense said...

New York, the next Illinois.

caliphate4vr said...

It is not sufficient for us simply to add more people to Medicare or Medicaid to increase the rolls, to increase coverage in the absence of cost controls and reform. Another way of putting it is we can’t simply put more people into a broken system that doesn’t work

Who said it?

Hint the gutless queef did it and then ran away

rrb said...

Who said it?

_____________________________________________________________________________________________________________________________________

president skeets 0linsky


rrb said...

Blogger Commonsense said...
New York, the next Illinois.
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oh yeah. meanwhile, i'm planning my pilgrimage to the new hampshire lakes region for retirement.

fuck this hell hole.

opie said...

I'm more interest in the Ohio cake case they are to hear. My guess, with the right religious extremist grouch on board, the cake bake will be allowed to discriminate against baking cakes for gays. Brilliant and CH will declare victory and I will slink away in shame of our society and what it has become under the donnie. Sad.

Commonsense said...

Planning a wedding there sport?

opie said...

Commonsense said...
Planning a wedding there sport?

Sure cultist, your hatred of gays is duly noted again. Idiot.

Commonsense said...

Well Opie it is true I don't particularly like you but it's not because you're gay.

opie said...

I don't particularly like you but it's not because you're gay.

Wow, call someone who gives a shit to what you think. Dumbass.

Commonsense said...

Obviously, you do. I find that amusing.

opie said...

Commonsense said...
Obviously, you do. I find that amusing.

You think heart attacks are amusing. Idiot