Trump’s Second Travel Ban Is Blocked by U.S. Judge

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HamburgerBoy

Lifer
Apr 12, 2004
27,112
318
126
I don't mind this as precedent. Next time any state signs any law that limits gun possession, where those signing had previously generically called for a "Gun ban", lawsuit time. Keep politicians on their toes, hang them with their own rope, make it increasingly difficult to pass any law without a fight.
 

Jaskalas

Lifer
Jun 23, 2004
33,570
7,631
136

The "constitution overrides" as they say, but Judges ARE the constitution. Because they define its meaning and its application.
How are Judges unbridled? Because both Congress and the President are powerless to change this. By extension, voters have no say.

Let me spell this out. In the fight for political power, today. It takes 60 Senate votes to pass a law. As Obama found out, that's not happening. So you turn to executive orders to excise power. But Judges have the final say, and if you want to dispute them you'll do what? Pass a law they declare unconstitutional? No.... political power in this country then, ultimately, rests with the SCOTUS.

The rest of the nation, its President, its Senators, its Congressmen, its Governors, its voters. Everyone. We all get to sit back and watch the grass grow except once every blue moon to fill a vacancy. That sound about right to you?
 

mikeymikec

Lifer
May 19, 2011
18,027
10,203
136
Any bets on Trump I won't say pray because I doubt he does, is hoping there is a terrorist event so he can get in front of a camera and say "I told you so"

Two possibilities are becoming more likely IMO:

1 - This judgement might spur terrorist elements like ISIS if their aim is for a world war vs Islam. In such a scenario, they don't want cooler heads prevailing, they need an arsehole like Trump because they need a belligerent opponent in order to convince more/most Muslims that they really are under threat.
2 - Considering Trump's colossal ego, a false flag operation to aid his argument.
 

Triloby

Senior member
Mar 18, 2016
587
275
136
The ruling itself-

http://www.politico.com/f/?id=0000015a-d421-db68-a97b-d5e934210000

It's a long winded bit of legalese & scathing in its conclusions.

From what I've read of the ruling, Trump made these counter arguments on why the 2nd version of his EO should be supported:
  • Intent shouldn't matter in regards to the EO, and that it should be judged based on its wording only.
  • Ban only affects a small subset of Muslims instead of all of them.
  • Ban applies to everyone from the mentioned countries, so it isn't based on religion at all.
The court did not find any of these arguments compelling. Their explanations are:
  • Intent matters a lot when it comes to such cases. They also recognize that intents can change, but Trump has failed to put forth an argument that constitutionally justifies that intent.
  • You can still target a group without targeting all the people in that group.
  • The countries listed in the ban are more than 90% Muslim. Because they're all loaded with Muslims, targeting those countries is equivalent to targeting Muslims.
Also, when it comes to intent, Trump hasn't done a very good job convincing people why his travel ban ISN'T a "Muslim Ban". Hell, his website still has this particular page up regarding Muslims entering the country: https://www.donaldjtrump.com/press-...mp-statement-on-preventing-muslim-immigration

Obviously, this doesn't mean that the ban has been completely overturned. No actual decision has been made on the legality of the ban just yet. The courts will continue to debate and determine the ban in the meantime.
 

HamburgerBoy

Lifer
Apr 12, 2004
27,112
318
126
The "constitution overrides" as they say, but Judges ARE the constitution. Because they define its meaning and its application.
How are Judges unbridled? Because both Congress and the President are powerless to change this. By extension, voters have no say.

Let me spell this out. In the fight for political power, today. It takes 60 Senate votes to pass a law. As Obama found out, that's not happening. So you turn to executive orders to excise power. But Judges have the final say, and if you want to dispute them you'll do what? Pass a law they declare unconstitutional? No.... political power in this country then, ultimately, rests with the SCOTUS.

The rest of the nation, its President, its Senators, its Congressmen, its Governors, its voters. Everyone. We all get to sit back and watch the grass grow except once every blue moon to fill a vacancy. That sound about right to you?

Power should ultimately rest with the law, not the populist whims of politicians. While the SCOTUS is obviously not a purely neutral or incorruptible interpreter of law, I'd rather they have the final say than lobbied senators and congressmen.
 

A///

Diamond Member
Feb 24, 2017
4,352
3,155
136
I'd be surprised if it reaches SCOTUS in time and they side with him. I'm almost certain the administration will drop the matter in a few weeks.

New Probably could've gotten away with it, if not for that big mouth of his (though he still might). Wonder boy Stephen Miller and Giuliani didn't do him any favors either.
Not necessarily. He might have, especially if he went down a different route.

I had a longer post but I hadn't seen @Triloby's post which is more concise than what I had.
 

agent00f

Lifer
Jun 9, 2016
12,203
1,242
86
By this Judge's "logic" the Iraq war was a war against Islam.
All it had to be was a Muslim majority country to invoke the establishment clause.
"It would therefore be no paradigmatic leap to conclude that targeting these countries likewise targets Islam."
The targeting of religion here is a fabrication. As I said they get to make up the law as they go along. Then issue their own executive order.
The "constitution overrides" as you say, but Judges get to make it up as they go along. I'm not disputing that's their right. But the application of such unbridled power is truly remarkable.

The point of judges is figure shit out, such as intent. Eg. a "Prevent Black Votes Act" which doesn't exactly spell out what it's meant for.
 

ivwshane

Lifer
May 15, 2000
32,324
15,123
136
The "constitution overrides" as they say, but Judges ARE the constitution. Because they define its meaning and its application.
How are Judges unbridled? Because both Congress and the President are powerless to change this. By extension, voters have no say.

Let me spell this out. In the fight for political power, today. It takes 60 Senate votes to pass a law. As Obama found out, that's not happening. So you turn to executive orders to excise power. But Judges have the final say, and if you want to dispute them you'll do what? Pass a law they declare unconstitutional? No.... political power in this country then, ultimately, rests with the SCOTUS.

The rest of the nation, its President, its Senators, its Congressmen, its Governors, its voters. Everyone. We all get to sit back and watch the grass grow except once every blue moon to fill a vacancy. That sound about right to you?

If you don't want judges blocking laws and EO's then support politicians who won't make stupid laws and EO's. Checks and balances are barely working right now no thanks to Republican obstruction.

Who have you been voting for the last few decades? You get the government you deserve.
 

fskimospy

Elite Member
Mar 10, 2006
84,775
49,434
136
By this Judge's "logic" the Iraq war was a war against Islam.
All it had to be was a Muslim majority country to invoke the establishment clause.
"It would therefore be no paradigmatic leap to conclude that targeting these countries likewise targets Islam."
The targeting of religion here is a fabrication. As I said they get to make up the law as they go along. Then issue their own executive order.
The "constitution overrides" as you say, but Judges get to make it up as they go along. I'm not disputing that's their right. But the application of such unbridled power is truly remarkable.

If you think that is his logic you need to read the opinion more closely.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
If you think that is his logic you need to read the opinion more closely.

Seemed the majority of the opinion addressed Trump's statements regarding Muslims providing a clear intent. Bush went out of his way to say his war with Saddam wasn't with Islam and AFAIK never had the bigotry Trump and too many Americans have towards Islam. I'd rather have GWB now. Not the pre Iraq one but the guy that's had a chance to see where we are at the moment.
 

fskimospy

Elite Member
Mar 10, 2006
84,775
49,434
136
I don't mind this as precedent. Next time any state signs any law that limits gun possession, where those signing had previously generically called for a "Gun ban", lawsuit time. Keep politicians on their toes, hang them with their own rope, make it increasingly difficult to pass any law without a fight.

Good luck with that, haha. The right to bear arms is protected but gun owners and gun ownership is/are not protected classes from discrimination like race and religion are so your argument will be thrown out in about ten seconds.

Your legal logic will not make it any more difficult to pass restrictions on guns, it will just make for funny news when it's tried.
 

fskimospy

Elite Member
Mar 10, 2006
84,775
49,434
136
Seemed the majority of the opinion addressed Trump's statements regarding Muslims providing a clear intent. Bush went out of his way to say his war with Saddam wasn't with Islam and AFAIK never had the bigotry Trump and too many Americans have towards Islam. I'd rather have GWB now. Not the pre Iraq one but the guy that's had a chance to see where we are at the moment.

Me too. I didn't think I would ever be wishing for GWB but this guy is so utterly incompetent that here we are!

As for the opinion, yes. Basically the judge said 'you spent the last year and a half saying how you wanted to ban Muslims, you have a page on your website that talks about how you want to ban Muslims, the guy who crafted the original order said the point was to ban Muslims, and your other aide said this EO was meant to accomplish the same thing as the first, but you want me to believe this isn't intended to be a ban on Muslims? How stupid do you think I am?'
 

Double Trouble

Elite Member
Oct 9, 1999
9,272
103
106
I was on board with blocking the first EO because of the obvious flaws, but with this one, it looks a lot more like the court is taking a political stance. This is just a temporary hold, we'll see how it goes from here.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
I was on board with blocking the first EO because of the obvious flaws, but with this one, it looks a lot more like the court is taking a political stance. This is just a temporary hold, we'll see how it goes from here.


I think the core problem is that Trump is intent on violating the Establishment Clause. An argument might be "but these aren't citizens so Constitutional protections don't extend to them". That's true as far as people in these countries go, but that's not the concern here. Trump is effectively violating the establishment clause regardless. He's going after a core principle no matter who it concerns.
 

fskimospy

Elite Member
Mar 10, 2006
84,775
49,434
136
I was on board with blocking the first EO because of the obvious flaws, but with this one, it looks a lot more like the court is taking a political stance. This is just a temporary hold, we'll see how it goes from here.

You can't repackage an old unconstitutional order and expect it to magically become constitutional. That's what Trump tried to do here and the courts saw right through it. Both have violated the first amendment.
 

K1052

Elite Member
Aug 21, 2003
46,831
34,770
136
You can't repackage an old unconstitutional order and expect it to magically become constitutional. That's what Trump tried to do here and the courts saw right through it. Both have violated the first amendment.

Worse for his case he pretty much admitted that at his rally last night. I'm sure those comments will be showing up in plaintiff arguments going forward.

He rarely misses an opportunity to step on his own dick by way of that big mouth.
 

brycejones

Lifer
Oct 18, 2005
26,664
24,966
136
Glorious leader is learning his words might have consequences for his agenda. That has to suck when your whole routine is having an unfiltered megaphone for a mouth.
 
Reactions: Aegeon and HomerJS

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
Shocking, shocking I tell you, obummer lib nominee judge takes political stand in court. Who could have thought??

Good thing Trump is going to be making a lot of appointments, the leftist activist judges are out of control.
 

fskimospy

Elite Member
Mar 10, 2006
84,775
49,434
136
Shocking, shocking I tell you, obummer lib nominee judge takes political stand in court. Who could have thought??

Good thing Trump is going to be making a lot of appointments, the leftist activist judges are out of control.

The first ban was blocked by a GWB appointee which conservatives also decried as an activist judge.

As usual, to conservatives 'activist judge' means 'judge that didn't rule the way I wanted'.
 

brycejones

Lifer
Oct 18, 2005
26,664
24,966
136
Shocking, shocking I tell you, obummer lib nominee judge takes political stand in court. Who could have thought??

Good thing Trump is going to be making a lot of appointments, the leftist activist judges are out of control.

Derp
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
Shocking, shocking I tell you, obummer lib nominee judge takes political stand in court. Who could have thought??

Good thing Trump is going to be making a lot of appointments, the leftist activist judges are out of control.

This judge made a decision which supported the Establishment Clause as traditionally followed and Trump clearly demonstrated his intent to violate it by his policy of discrimination against Muslims. Doesn't matter who is injured or where they reside, the action itself is not Constitutional.

Doesn't seem a very leftist to me as some define it to preserve our principles, at least as you seem to view it. If it is then good for them and I don't care about the "ism", it's the right and proper thing to oppose this ban.
 

HomerJS

Lifer
Feb 6, 2002
36,282
28,141
136
The first ban was blocked by a GWB appointee which conservatives also decried as an activist judge.

As usual, to conservatives 'activist judge' means 'judge that didn't rule the way I wanted'.
PG has Trumpitus. I just say shit to fit my agenda even though it isn't based in fact. Perfect example of CBD.
 

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
The first ban was blocked by a GWB appointee which conservatives also decried as an activist judge.

As usual, to conservatives 'activist judge' means 'judge that didn't rule the way I wanted'.

While I disagreed with the first block, since it was done (and upheld) by judges spanning the political spectrum, I view that as legitimate. In this case, all we have so far is a lib judge who in his ruling gets on his political soapbox to deliver a political "rebuke" of Trump -- in other words, an activist hack. No good judges have looked at it yet.
 
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