The court said the case the International Refugee Assistance Project brought against the ban is now moot since Trump’s order banning nationals from six majority-Muslim countries expired on Sept. 24.
We granted certiorari in this case to resolve a challenge to “the temporary suspension of entry of aliens abroad under Section 2(c) of Executive Order No. 13,780.” Because that provision of the Order “expired by its own terms” on September 24, 2017, the appeal no longer presents a “live case or controversy.” Burke v. Barnes, 479 U. S. 361, 363 (1987). Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss as moot the challenge to Executive Order No. 13,780. United States v. Munsingwear, Inc., 340 U. S. 36, 39 (1950). We express no view on the merits.
Justice Sonia Sotomayor dissented from Tuesday's order vacating the judgment. She said she would have dismissed the case as improvidently granted.Not sure "exactly" what the difference is between the order and Sotomayor's dissent. The term improvidently granted seems murky to me. But it appears that Sotomayor wanted to provide some semantic merit to the original decision that the rest of the court passed on.
What is most relevant in this decision is the order that original judgement is to be vacated, making the original fourth circuit decision a "legal nullity". For all practical purposes, the decision never existed and has no legal precedent.
Most everyone expects that the USSC will also dismiss (in the same manner) the 9th circuit court ruling when that expires on October 24th.
The ACLU (and others) are suggesting that the court did not say that the ruling was "wrong" and are moving ahead with challenges to what they call the third "Muslim Ban". Of course, with the addition of North Korea and Venezuela, as well as a much more detailed explanation of the security reasons for the ban, the argument that it is a third "Muslim ban" becomes more of a political rhetorical argument than a fundamentally sound legal one. Regardless of how the experts viewed the original ban, these same experts seem to all agree that the latest ban is much stronger (from a legal standpoint).
Given that the USSC seemed primed to overturn the Fourth and Ninth Circuit Court decisions on the second ban there is little reason to expect that the USSC would not do the same thing if the fourth or ninth Circuit Courts decided to go down that same road again. The only question is whether or not they will.
35 comments:
They appear to be divided. But it appears to be that they are waiting for a case that is specific enough to make a final decision. But it's not clear where they are learning.
( We express no view on the merits.)
That could be that a specific ban based upon religious beliefs is difficult.
The first Amendment doesn't apply to non citizens. But I can see that it's not a simple question. Part of it, does it apply for the relatives of American citizens or legal, green card holders. Very interesting.
Trump wins again.
A lot of that happening.
US Coal export deals penned by Trump. Winning bigly for 25 states that are coal producers.
HB, I really enjoy the Hell out of your posts.
The 1st Amendment aplies to non-Americans.((Bridgrs vs Wixon 1945)).
Only if you where not so fucking dumb all the time.
Not immigrants idiot.
As to a "win" CH obviously pointed out that it's not concluded. Kiss my hard ass.
Oh poor drugged purple haze Roger, dummy down , you called them "non-citizens".
The USSC case I cited says they are protected.
Winning.
Again.
https://www.24hourfitness.com/Website/Club/00934
I'm a regular. Loretta would be surprised, by how many, highly attractive women give me a second look and a smile. It's not in pity as usual you believe, it's because I'm training hard, and sorry for you, I'm damn handsome. LOL
I love messing with a brainless twit. We are "blessed " with two idiots from Kansas.
Combined IQ's are very low double digits..😱😱😱😱😱
Loretta would be surprised, by how many, highly attractive women give me a second look and a smile.
You remind them of their grandfather...
No.
One.
Cares.
There's something wrong with Roger.
It's just not normal.
https://supreme.justia.com/cases/federal/us/326/135/case.html
1. The order for the deportation of the petitioner -- issued under the Act of June 28, 1940, providing for the deportation of any alien who was at the time of his entry into the United States, or has been at any time thereafter, a member of or affiliated with an organization that believes in, advises, advocates, or teaches the overthrow of this Government by force or violence -- rests upon a misconstruction of the term "affiliation" as used in the Act, and upon an unfair hearing on the question of his membership in the Communist Party, wherefore
Page 326 U. S. 136
his detention under the warrant of deportation is unlawful. Pp. 326 U. S. 140, 326 U. S. 156.
2. The act or acts tending to prove "affiliation" within the meaning of the deportation statute must be of that quality which indicates an adherence to or a furtherance of the purposes or objectives of the proscribed organization, as distinguished from mere cooperation with it in lawful activities. The act or acts must evidence a working alliance to bring the program to fruition. P. 326 U. S. 143.
3. Freedom of speech and of the press is accorded aliens residing in this country. P. 326 U. S. 148.
It doesn't apply to non citizens who are attempting to enter the United States.
Grandpa Roger.LOL
This is obviously obsession.
No.
One.
Cares.
October 11, 2017 at 9:58 AM
Blogger Loretta said...
LOL
October 11, 2017 at 9:58 AM
Blogger Loretta said...
There's something wrong with Roger.
It's just not normal.
October 11, 2017 at 10:00 AM
See?
Not normal.
What is not normal is to have the leader of the free world to not care about anything but himself and his charmed existence that was achieved on others backs....what a turd he is...
By David Von Drehle Columnist October 10 at 10:05 PM
From the Mayo Clinic website:
“Narcissistic personality disorder is a mental disorder in which people have an inflated sense of their own importance, a deep need for admiration and a lack of empathy for others. But behind this mask of ultraconfidence lies a fragile self-esteem that’s vulnerable to the slightest criticism.”
No, the entry is not illustrated with a photo of the president. But each day adds new pages to Trump’s bulging textbook case. He is a farrago of grievance and grandiosity. What I want to highlight today, though, is the lack of empathy, because empathy is essential to constructive leadership. And we sure could use some of that.
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Empathy is the ability to see through another’s eyes, to understand and value the feelings of others. As the saying goes, it’s the willingness to walk a mile in another’s shoes. Empathy is not about feeling pity for someone else — that’s sympathy. Rather, it is the recognition of common humanity. In an open society, empathy is the bedrock of civil discourse and durable policy, because these things are not possible without mutual respect.
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Trump’s lack of empathy reveals itself in moments large and small. In Puerto Rico, he bragged about his talent for hurricane relief while residents scrounged for food and water, waited endlessly for fuel, and faced weeks or months without electricity. And the same lack of presidential concern might explain the seemingly sorrowful eyes of Karen Pence, the vice president’s wife, as she steeled herself to walk out of the Indianapolis Colts game last weekend in a Trumped-up political stunt. Togged in a blue-and-white Peyton Manning No. 18 jersey, the former first lady of Indiana clearly wished to pay honor to her home team’s greatest star. Trump couldn’t care less what she wanted.
For a moment, an ember of empathy seemed to glow in Trump’s professed concern for the so-called dreamers. Brought to the country illegally as children, raised as true-blue Americans, these young adults may soon be subject to possible deportation to lands grown foreign to them. Trump promised to negotiate permanent protections “with heart.” But when the White House released its list of demands in return, it was Trump’s same old stew of scapegoating and xenophobia, poisonous to any possible compromise.
Nearly 700,000 dreamers consigned to anxiety, uncertainty and fear amounts to nothing in the president’s calculations compared with his self-absorbed worry that his nativist choir might muffle their hosannas. And if by his posturing Trump kills any chance at progress on immigration, those won’t be the only people affected. Hundreds of thousands of legal
I have actually been able to recover from the transplant much more quickly than most.
Two reasons.
I was in decent shape.
I'm over five years sober. Less than 50% of men over 60 succeed. My prayers were answered, and my doctors made my case, because I did everything they wanted, and I did it.
I'm not mentally handicapped, but because I dare to disagree with the President Trump worshipping posters, they are incapable of considering that oh my goodness, he's fucking crazy, that's why you see it that way.
Adios Twit obsession and K'putz.
Soy con fome
For a moment, an ember of empathy seemed to glow in Trump’s professed concern for the so-called dreamers. Brought to the country illegally as children, raised as true-blue Americans, these young adults may soon be subject to possible deportation to lands grown foreign to them. Trump promised to negotiate permanent protections “with heart.” But when the White House released its list of demands in return, it was Trump’s same old stew of scapegoating and xenophobia, poisonous to any possible compromise.
Nearly 700,000 dreamers consigned to anxiety, uncertainty and fear amounts to nothing in the president’s calculations compared with his self-absorbed worry that his nativist choir might muffle their hosannas. And if by his posturing Trump kills any chance at progress on immigration, those won’t be the only people affected. Hundreds of thousands of legal
Exactly
I have to wonder what he would say in regards to the obsessed Twit?
“Narcissistic personality disorder is a mental disorder in which people have an inflated sense of their own importance, a deep need for admiration and a lack of empathy for others. But behind this mask of ultraconfidence lies a fragile self-esteem that’s vulnerable to the slightest criticism.”
Opie... you shouldn't speak ill of your friend Roger...
His nail order bride complained that living in the WH was like being in jail.....yeah, that sure nails
the empathy joke.... but the mentally disabled indian still thinks his shit smells like roses....LOL
Opie... you shouldn't speak ill of your friend Roger...
Ch, you should stop acting like an inbred loser like loretta......
Empathy, huh?
Adults behave like adults. When one person wants something and another person wants something else... they generally find a way to compromise. Unless one or the other isn't really an adult.
Like when your 16 year old wants to borrow the car to meet some friends later... and you want him/her to do their homework first...
A 16 year old conservative would accept that their request requires compromise on their part... and they would likely get their homework done and then would get the car to go meet their friends.
A 16 year old liberal would demand that such a requirement to do their homework shows a lack of empathy, is fascist, and no doubt racist as well. They will kick and scream, threaten to hold their breath until they turn blue, and do everything "but" their homework... and then when they are unable to meet their friends (because they didn't get the car) they will blame their Parents for being unreasonable bigots and showing a lack of empathy.
Trump Challenges NBC’s Broadcast License
President Trump suggested that NBC’s broadcast license should be pulled as punishment after NBC News published a report stating that the president sought a dramatic increase in the nation’s nuclear arsenal, Politico reports.
“It is the second time in as many weeks that Trump has felt compelled to attack NBC News, which reported last week that Secretary of State Rex Tillerson came close to resigning last summer and called the president a ‘moron’ following a meeting with members of the national security team and members of the cabinet.”
___________________
Yeah, abolish freedom of the press and media.
Trump admires Putin, and wants a Puntin- style dictatorship for America.
Roger: hey baby... want to touch my liver transplant scar?
:O)
Funny ...
HB has a case of "Harvey Whinstien Sydrome.
Spam by the drunkard
My advice to Roger...
Next time people are giving you a second look and smiling. Check to see if your fly is down, your hair is sticking up, there is a booger hanging out of your nose, or if there is something large stuck in your teeth.
No
One.
Cares.
Drunkard.
You forgot LOL LOL LOL LOL LOL LOL LOL LOL LOL LOL LOL LOL LOL LOL LOL LOL LOL
Crack head
"My advice to Roger..."
Excellent
Bernie Sanders and Ted Cruz are going to have a tv debate on tax reform.
It should be good.
Bernie Sanders and Ted Cruz are going to have a tv debate on tax reform
Probably on TruTV right in between Adam Ruins everything and Impractical Jokers.
Lol
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