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Courts love foreigners - Trump's new travel ban blocked Nationwide by Hawaii courts


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#1 Gepetto

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Posted 15 March 2017 - 07:02 PM

http://www.huffingto...4b00705db4bc38f

 

A federal judge in Hawaii has placed a nationwide hold on key aspects of President Donald Trump’s second attempt at a ban on travel ― a scaled-back version that targeted all non-visa holders from six Muslim-majority countries, as well as a halt on the U.S. refugee resettlement program ― just hours before the new restrictions were to take effect.

U.S. District Judge Derrick Watson said sections of the new travel order likely amounted to a violation of the First Amendment’s establishment clause, which forbids the government from disfavoring certain religions over others.

Watson gave short shrift to the Trump administration’s argument that the new restrictions applied to a “small fraction” of the world’s 50 predominantly Muslim nations ― and thus could not be read to discriminate Muslims specifically.

“The illogic of the Government’s contentions is palpable,” Watson wrote. “The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed.”

The judge also discarded the government’s defense that the text of the new executive order was silent on religion, supposedly solving constitutional defects identified by courts with the first order.

“Any reasonable, objective observer would conclude ... that the stated secular purpose of the Executive Order is, at the very least, secondary to a religious objective of temporarily suspending the entry of Muslims,” Watson wrote.

The ban was scheduled to begin at 12:01 a.m. ET on Thursday, 10 days after Trump signed the revised order. The staggered rollout was designed to give fair warning to those potentially affected ― a contrast from the disorderly implementation of the president’s original executive order, which left thousands stranded, detained or with their visas canceled without notice.

Trump led a booing audience at a rally in Nashville Wednesday night in criticizing what he called the “flawed ruling.” The president claimed he has the power to suspend immigration, and slammed what he called “unprecedented judicial overreach.”

“This ruling makes us look weak, which by the way we no longer are,” Trump complained. He added that he would “fight this terrible ruling” in the Supreme Court if necessary. He said the new order “was a watered-down version of the first order” and that he would prefer to go back to the original ― providing more ammunition to opponents’ arguments that, at their core, they are the same.

Neither the White House nor the Justice Department responded to requests for comment. 

The Washington state attorney general’s office, which led the successful challenge to Trump’s first ban, hailed the “teamwork of states” in the “effort to stem the chaos over the past month.” 

The first order, signed on Jan. 27, went into effect immediately, unleashing chaos nationwide. Attorneys and volunteers spent days at airports trying to assist people who had been detained and were being questioned on arrival. Protests erupted in cities around the world. And courts began chipping away at the ban almost as soon as it was implemented.

Of those rulings, the more significant came from federal judge in Seattle, who blocked the entire order in early February, preventing the government from enforcing it anywhere in the country. An appeals court later upheld that ruling, noting that Trump’s ban likely violated the Constitution.

After several delays and false starts, the administration reworked the executive order to create one that would pass muster in the courts, although Stephen Miller, a senior White House adviser, conceded before it was unveiled that it would have the “same basic policy outcome.” Unlike the first ban, it does not apply to current visa holders or to nationals of Iraq, which originally was one of the countries whose nationals were barred for 90 days.

In his decision, Watson singled out that Miller quote, broadcast on Fox News in the days ahead of Trump’s new ban.

The judge also highlighted similar comments by longtime Trump surrogate Rudy Giuliani, who all but admitted on Fox News that the president had asked him look for legal ways to shut out Muslims.

The new order does not single out Syrian refugees for indefinite restriction from entry, and does not include a preference for religious minority refugees, widely viewed as a way to admit Middle Eastern Christians while excluding Muslims.

As drafted, the new order still has the potential to affect tens of thousands of people. Like the now-revoked version, it suspends the refugee resettlement program for at least 120 days and instructs the government to admit up to 50,000 refugees this fiscal year, rather than the goal of 110,000 admissions set by former President Barack Obama. For 90 days, nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen will be barred from the country unless they have a valid visa.

Legal opponents said the new travel ban has the same constitutional defects that courts identified in the first one ― it erects an entry barrier for Muslims on the basis of their faith, a policy choice that Trump promised to carry out as a candidate, but one that national security experts and observers have warned has damaging implications for Americans and refugees both here and abroad.

Those objections aside, Watson suggested that everything is not lost for the Trump administration, and that it could still craft a future policy that aimed to protect national security, independent of its misfires.

”Here, it is not the case that the Administration’s past conduct must forever taint any effort by it to address the security concerns of the nation,” the judge wrote. “Based upon the current record available, however, the Court cannot find the actions taken during the interval between revoked Executive Order No. 13,769 and the new Executive Order to be genuine changes in constitutionally significant conditions.”

The government’s likely appeal will go to the U.S. Court of Appeals for the 9th Circuit, the same appellate court that last month refused to allow Trump’s first travel ban from being enforced.

 

 

 



#2 Sho Nuff

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Posted 15 March 2017 - 07:27 PM

Or courts enjoy the law and not the crap Trump has tried.

#3 kilroy69

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Posted 15 March 2017 - 07:30 PM

At some point you have to think this amounts to judicial over reach.
Its still not a hummingbird.

#4 Hardcore troubadour

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Posted 15 March 2017 - 07:31 PM

When do liberals start concerning themselves with Americans again? Seems all you hear about from them is refugees and illegal aliens and sticking up for Muslims in Sweden

#5 Cdub100

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Posted 15 March 2017 - 07:33 PM

How low of a judge can stop a presidential EO? I mean WTF is this? Can Judge Harry T. Stone from night court stop a presidential EO?



#6 Baker Boy

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Posted 15 March 2017 - 07:37 PM

This is very similar to the Trojan Horse.
"I don't want to belong to any club that would have me as one of their members"- Groucho Marx

#7 frank

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Posted 15 March 2017 - 07:39 PM

Nationwide is not on your side.

Another Dumb fvcking post by frank. :wave:

 

 

 

 

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#8 Sho Nuff

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Posted 15 March 2017 - 07:39 PM

At some point you have to think this amounts to judicial over reach.

How so?

People are bringing lawsuits to them...they are not seeking this out on their own.

Executive overreach is more like it...and he has been slapped down multiple times now.



#9 frank

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Posted 15 March 2017 - 07:39 PM

This is very similar to the Trojan Horse.


What if we built a large wooden badger?

Another Dumb fvcking post by frank. :wave:

 

 

 

 

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#10 Sho Nuff

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Posted 15 March 2017 - 07:43 PM

What if we built a large wooden badger?


Run away!!!

#11 kilroy69

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Posted 15 March 2017 - 07:45 PM

How low of a judge can stop a presidential EO? I mean WTF is this? Can Judge Harry T. Stone from night court stop a presidential EO?

this.
Its still not a hummingbird.

#12 RaiderHater's Revenge

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Posted 15 March 2017 - 07:46 PM

so whats the deal, if any judge anywhere rules something bad, its just stopped?

 

wtf does hawaii have to do with it


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#13 Gepetto

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Posted 15 March 2017 - 07:49 PM

What if we built a large wooden badger?

 

Or this



#14 kilroy69

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Posted 15 March 2017 - 07:49 PM

so whats the deal, if any judge anywhere rules something bad, its just stopped?
 
wtf does hawaii have to do with it

despite the fact there are virtually no Muslims in Hawaii they feel like they are made up of immigrants and are going to stand up to trump.
Its still not a hummingbird.

#15 Cdub100

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Posted 15 March 2017 - 07:50 PM

so whats the deal, if any judge anywhere rules something bad, its just stopped?

 

wtf does hawaii have to do with it

 

I legit have no clue and I'm hoping someone has the answer. Can the judge they have on hand at iggles game stop a presidential order? Between giving philly bear a week in the tank and MDC a overnight with his prison lover can he be like, "Oh and BTW I think this EO is unconstitutional."



#16 RaiderHater's Revenge

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Posted 15 March 2017 - 07:52 PM

despite the fact there are virtually no Muslims in Hawaii they feel like they are made up of immigrants and are going to stand up to trump.

 

legal immigrants, and this temporary ban has nothing to do with immigration


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#17 RaiderHater's Revenge

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Posted 15 March 2017 - 07:53 PM

 

I legit have no clue and I'm hoping someone has the answer. Can the judge they have on hand at iggles game stop a presidential order? Between giving philly bear a week in the tank and MDC a overnight with his prison lover can he be like, "Oh and BTW I think this EO is unconstitutional."

 

yah I was thinking if the traffic judge at the local podunk town can stop it


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#18 Hardcore troubadour

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Posted 15 March 2017 - 07:55 PM

so whats the deal, if any judge anywhere rules something bad, its just stopped?
 
wtf does hawaii have to do with it


They claim that the ban has and adverse affect on their tourism industry.

#19 RaiderHater's Revenge

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Posted 15 March 2017 - 07:56 PM

They claim that the ban has and adverse affect on their tourism industry.

 

wow you are welcome for not letting muslims into Hawaii then


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#20 kutulu

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Posted 15 March 2017 - 07:57 PM

Don't worry Trump is gonna fight it... To the supreme Court if necessary.
If you want a picture of the future, imagine a boot stamping on a human faceforever.

#21 Filthy Fernadez

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Posted 15 March 2017 - 08:05 PM

I heard a Congressman say there might be calls for Impeaching these judges if they try to block this order. I hope so...........drain the Federal Court Swamp.


BBC for the most part is pretty damn good.


#22 Sho Nuff

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Posted 15 March 2017 - 08:12 PM

I heard a Congressman say there might be calls for Impeaching these judges if they try to block this order. I hope so...........drain the Federal Court Swamp.


:lol:

#23 Hardcore troubadour

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Posted 15 March 2017 - 08:15 PM

I heard a Congressman say there might be calls for Impeaching these judges if they try to block this order. I hope so...........drain the Federal Court Swamp.


I wouldn't care if someone went snoop dog on one of them.

#24 NewbieJr

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Posted 15 March 2017 - 08:49 PM

Between Trumpcare being on its deathbed and yet another judge telling Trump he's a bigoted idiot, this poor guy better go back to The Apprentice so he can break his losing streak. Just getting destroyed.
Mine is small, but the head spins.

#25 Cruzer

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Posted 15 March 2017 - 08:54 PM

Between Trumpcare being on its deathbed and yet another judge telling Trump he's a bigoted idiot, this poor guy better go back to The Apprentice so he can break his losing streak. Just getting destroyed.


And started a nationwide panic that has people whispering around their microwaves. :lol:

#26 Sho Nuff

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Posted 15 March 2017 - 08:56 PM

Between Trumpcare being on its deathbed and yet another judge telling Trump he's a bigoted idiot, this poor guy better go back to The Apprentice so he can break his losing streak. Just getting destroyed.


Hey...he paid taxes 12 years ago...so he's got that going for him.

#27 Filthy Fernadez

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Posted 15 March 2017 - 09:18 PM

Hey...he paid taxes 12 years ago...so he's got that going for him.

 

At least he is...........you're just sponging and demanding others pay their 'fair share'. A zero paying zero......


BBC for the most part is pretty damn good.


#28 jerryskids

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Posted 15 March 2017 - 09:19 PM

How so?

People are bringing lawsuits to them...they are not seeking this out on their own.

Executive overreach is more like it...and he has been slapped down multiple times now.

 

What are you talking about?  Are you saying that this random Hawaii hack activist judge acted because "people are bringing lawsuits to them?" :dunno:


"War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse." -- John Stuart Mill


#29 Sho Nuff

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Posted 15 March 2017 - 09:25 PM

 
At least he is...........you're just sponging and demanding others pay their 'fair share'. A zero paying zero......


Still ignorant as always.

#30 Sho Nuff

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Posted 15 March 2017 - 09:26 PM

 
What are you talking about?  Are you saying that this random Hawaii hack activist judge acted because "people are bringing lawsuits to them?" :dunno:


Do you think these judges that have blocked his bans have just done so on their own?

And hack activist? You try to not be just the same shill as the other hacks here...but man have you jumped into that nuthouse lately.

#31 Hardcore troubadour

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Posted 15 March 2017 - 09:27 PM

The state of Hawaii brought this lawsuit.

#32 Sho Nuff

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Posted 15 March 2017 - 09:31 PM

Watsons decision came in response to a lawsuit filed by Hawaii. Lawyers for the state alleged that the new entry ban, much like the old, violated the establishment clause of the First Amendment because it was essentially a Muslim ban, hurt the ability of state businesses and universities to recruit top talent, and damaged the states robust tourism industry.

https://www.washingt...4ed1_story.html

#33 RaiderHater's Revenge

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Posted 15 March 2017 - 09:33 PM

Watsons decision came in response to a lawsuit filed by Hawaii. Lawyers for the state alleged that the new entry ban, much like the old, violated the establishment clause of the First Amendment because it was essentially a Muslim ban, hurt the ability of state businesses and universities to recruit top talent, and damaged the states robust tourism industry.

https://www.washingt...4ed1_story.html

 

dont think Univ of Hawaii is recruiting tons of top talent to their world renowned University, much less Muslims


Raiderhaters- 12 man Bonus point league PPR, Return Yards, all TD's 6

 

QB- Brady (7), Stafford (11)

RB- Woodhead (4), Forte (5), Riddick (10), Henry (9), Powell (13)

WR- ODB (1), Cooper (2), Landry (3), Diggs (8), Sharpe (12), Hogan (14)

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#34 jerryskids

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Posted 15 March 2017 - 09:40 PM

Do you think these judges that have blocked his bans have just done so on their own?

And hack activist? You try to not be just the same shill as the other hacks here...but man have you jumped into that nuthouse lately.

 

 

Watsons decision came in response to a lawsuit filed by Hawaii. Lawyers for the state alleged that the new entry ban, much like the old, violated the establishment clause of the First Amendment because it was essentially a Muslim ban, hurt the ability of state businesses and universities to recruit top talent, and damaged the states robust tourism industry.

https://www.washingt...4ed1_story.html

 

Ah, the state of Hawaii brought action... and man, you calling me a hack when everyone, and I mean everyone, here laughs at your "centrist" position, is quite the laugh.  You have proven utterly incapable of seeing this so, I enjoy your response in advance.  :cheers:


"War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse." -- John Stuart Mill


#35 Hardcore troubadour

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Posted 15 March 2017 - 09:46 PM

 
dont think Univ of Hawaii is recruiting tons of top talent to their world renowned University, much less Muslims


They have to show they are adversely affected. It's a charade, it's just Hawaii's turn this time so the 9th circuit is the one that hears it. This is what our justice system has come to at this point. Make up some nonsense, and get the judge you want.

#36 Sho Nuff

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Posted 15 March 2017 - 09:49 PM

 
 
 
Ah, the state of Hawaii brought action... and man, you calling me a hack when everyone, and I mean everyone, here laughs at your "centrist" position, is quite the laugh.  You have proven utterly incapable of seeing this so, I enjoy your response in advance.  :cheers:


The point is you act all above that...but you aren't much different. Like calling this judge an activist hack.

And you say centrist about me more than I ever have.
You mistake me not giving a ###### about what you and others thing for anything more than that.

I know what my positions are and my history of posting shows that.

#37 Sho Nuff

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Posted 15 March 2017 - 09:50 PM

 
dont think Univ of Hawaii is recruiting tons of top talent to their world renowned University, much less Muslims


There are other courts that will give opinions on it soon too (Washington State has one coming up too)

#38 Filthy Fernadez

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Posted 15 March 2017 - 09:58 PM

I know what my positions are and my history of posting shows that.

 

And those positions (other than time spent on the couch sleeping off a xanax and/or prozac) would be batsh!t crazy........liberal non-taxpayer.......Trump basher Exalted Cyclops (with clusters)........Newbie spooner. 


BBC for the most part is pretty damn good.


#39 jerryskids

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Posted 15 March 2017 - 10:01 PM

The point is you act all above that...but you aren't much different. Like calling this judge an activist hack.

And you say centrist about me more than I ever have.
You mistake me not giving a ###### about what you and others thing for anything more than that.

I know what my positions are and my history of posting shows that.

 

He is an activist hack.

 

 

Watson declared that “a reasonable, objective observer — enlightened by the specific historical context, contemporaneous public statements, and specific sequence of events leading to its issuance — would conclude that the Executive Order was issued with a purpose to disfavor a particular religion.”

 

 

That is not a reasonable, objective conclusion.  Are you aware that Hawaii in the past 14+ years has welcomed a total of 5 refugees from Middle Eastern countries?  1 Iranian and 4 Iraqis.  None from Syria.

 

I'd also argue that it is not disfavoring a religion per se, but countries with a religious culture which have proven to be a risk to America.  But that may be too deep for you.  :dunno:


"War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse." -- John Stuart Mill


#40 Hardcore troubadour

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Posted 15 March 2017 - 10:09 PM

Its just amazing. Western Europe has let many refugees in, and they all regret it now. What is it with liberals not seeing that? Why would you want to subject your own country to that? So you can feel morally superior? There is no practical reason for it, so that must be it.