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The Presidency of Donald J. Trump: No smocking guns. The Presidency of Donald J. Trump: No smocking guns.

03-15-2017 , 08:27 PM
Quote:
Originally Posted by BMOL33
Since everything to these judges is politically based now it'll be a 5-4 decision. It should be 9-0 but it won't be
The first one here is false. The second one might actually be true or false, but neither the way you want. Congratulations, you have almost said something correct!
03-15-2017 , 08:27 PM
Quote:
Originally Posted by BMOL33
Since everything to these judges is politically based now it'll be a 5-4 decision. It should be 9-0 but it won't be
I think you mean 4-4 and 8-0 thanks to good ol' mitch!

Also, if this actually goes to scotus, I'll bet at even odds that it is unanimously ruled unconstitutional vs. you taking it splitting 4-4 (or 5-4 if they get another confirmation before).
03-15-2017 , 08:29 PM
Quote:
Originally Posted by BMOL33
Since everything to these judges is politically based now it'll be a 5-4 decision. It should be 9-0 but it won't be
This didn't answer my question beyond you know that they vote on things. Do you know how they come to their conclusions?
03-15-2017 , 08:29 PM
This Muslim ban will be the end of the federal judicial system in our country. Better start sucking up to your local sherriff, folks.
03-15-2017 , 08:30 PM
BMOL spot on. The judges aren't expected to try to figure out the original intent of laws. That would be absurd lefty nonsense.
03-15-2017 , 08:32 PM
Quote:
Originally Posted by ymmv
I think you mean 4-4 and 8-0 thanks to good ol' mitch!

Also, if this actually goes to scotus, I'll bet at even odds that it is unanimously ruled unconstitutional vs. you taking it splitting 4-4 (or 5-4 if they get another confirmation before).
Last estimation I saw has Gorsuch seated by 4/25 at worst so I don't see why the administration brings it there before that
03-15-2017 , 08:33 PM
Quote:
Originally Posted by ymmv
I think you mean 4-4 and 8-0 thanks to good ol' mitch!

Also, if this actually goes to scotus, I'll bet at even odds that it is unanimously ruled unconstitutional vs. you taking it splitting 4-4 (or 5-4 if they get another confirmation before).
This is a well written lower court decision. However it is not a lock that The TRO is upheld by SCOTUS. The original travel ban, I would have said was a lock to be overturned by SCOTUS, likely unanimously. One of the complicating things here is that this won't reach SCOTUS on the merits, it will reach SCOTUS (assuming its upheld by the 9th circuit) as an appeal of a TRO. It's very difficult to see exactly how this plays out.
03-15-2017 , 08:36 PM
trump calling the new muslim ban a watered down version of the earlier one certainly gonna help his legal case.

I'm no lawyer though.
03-15-2017 , 08:36 PM
Quote:
Originally Posted by BMOL33
Last estimation I saw has Gorsuch seated by 4/25 at worst so I don't see why the administration brings it there before that
You literally have no idea how the judicial system works, do you? I mean, that's ok, most people don't, but damn, at least have the self-awareness to calm down and shut the **** up about these things.
03-15-2017 , 08:43 PM
Quote:
Originally Posted by BMOL33
These judges are moronic liberals. They have zero right to examine intent when making these rulings. These things can only be stayed based on the letter of the law and this EO unlike the last one was done that way. This will be overturned in the Supreme Court like the other one probably would have been anyway despite the fact it was borderline on a couple of things.
Thats pretty funny since John Roberts used the exact thought process you think is wrong in upholding Obamacare "Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter". Jokes about your legal prowess aside, its amazing to me that you don't remember (or i imagine never bothered to understand) THAT decision.
03-15-2017 , 08:49 PM
Quote:
Originally Posted by BMOL33
Last estimation I saw has Gorsuch seated by 4/25 at worst so I don't see why the administration brings it there before that
so is that a "no" as far as betting is concerned?

Quote:
Originally Posted by jman220
This is a well written lower court decision. However it is not a lock that The TRO is upheld by SCOTUS. The original travel ban, I would have said was a lock to be overturned by SCOTUS, likely unanimously. One of the complicating things here is that this won't reach SCOTUS on the merits, it will reach SCOTUS (assuming its upheld by the 9th circuit) as an appeal of a TRO. It's very difficult to see exactly how this plays out.
correct me if this ordering is wrong:
1. TRO gets appealed
2. It could go all the way up the chain to scotus
3. If scotus gets it they rule 1 way or another on the TRO
4. Post-TRO ruling, the EO goes through litigation on the merits
5. Case happens, whoever loses prob appeals up to scotus
6. scotus rules on merits

for the record, I think they go unanimous on both upholding the TRO and on calling the EO unconstitutional.
03-15-2017 , 08:50 PM


Lol
03-15-2017 , 08:51 PM
Trump sealing up the legal case against him in his WWE rally in Nashville. Please proceed, Governor.
03-15-2017 , 08:52 PM
Hahahahaha, amazing. Bmol, you still want to argue that we have no idea what Trump's intent was?
03-15-2017 , 08:54 PM
heh, that trump brain-mouth connection
03-15-2017 , 08:57 PM
Lol...I'd snap quit if I spent a month writing the new order.
03-15-2017 , 08:58 PM
one might almost think that the 2nd EO was written with the thought in mind that it would get overturned, so that trump et al can go "see, even when we try to compromise, the activist judges get out their pitchforks and are not happy until we write the law THEY want"
03-15-2017 , 09:02 PM
in two months this administration has turned the country into the laughing stock of the world...
03-15-2017 , 09:04 PM
Quote:
Originally Posted by wheatrich
trump calling the new muslim ban a watered down version of the earlier one certainly gonna help his legal case.

I'm no lawyer though.
Put on your tinfoil hats ladies and gentlemen...

This is a relatively minor battle in the scope of what Bannon and co. want to accomplish. Bannon wants to watch it all burn down, and they need true believers more than they need milquetoast conservatives. There's a lot of disaffected people out there, and a lot of people who could turn from your quiet uncle at thanksgiving who people suspect is kinda racist but keeps it to himself into full blown Steve King disciples ready to jihad against the AyRabs. Fighting a battle against brown people is just win win with his base.

Kasparov talks about how authoritarians always need enemies and thrive in chaos. Their actions have created a ban that can't stand judicial scrutiny and galvanizes their opposition, which will escalate their own fervent supporters conviction that they're right and need to do something to *insert 14 words*. People at his Nashville rally are chanting break up the 9th circuit! Lock her up! USA! They are not rational people. Some have been propagandized, and a lot more have been waiting a long time for someone like Trump with the devil on his shoulders (Bannon) to say what he's saying and represent what he represents.

Lots of commentators talk about how they fear how Trump will handle a crisis when it inevitably comes his way. This regime is attempting to incite one and probably has authoritarian plans in place to take advantage of the chaos when it does happen.

*take off the tinfoil hat

More likely they're all idiots who have very little idea how this all works. I really hope that's true, but either way WAAF.
03-15-2017 , 09:05 PM
Quote:
Originally Posted by ymmv
so is that a "no" as far as betting is concerned?



correct me if this ordering is wrong:
1. TRO gets appealed
2. It could go all the way up the chain to scotus
3. If scotus gets it they rule 1 way or another on the TRO
4. Post-TRO ruling, the EO goes through litigation on the merits
5. Case happens, whoever loses prob appeals up to scotus
6. scotus rules on merits

for the record, I think they go unanimous on both upholding the TRO and on calling the EO unconstitutional.
Yes that's one possible sequence. It depends on what happens in the 9th circuit and whether the loser in the 9th circuit decides to appeal the TRO decision to the Supreme Court or decides to let the 9th circuit decision stand and litigate on the merits. Another complicating factor is that this is a 90 day travel ban and any litigation on the merits is likely to take more than 90 days which could render the whole thing moot so it's really difficult to see how it plays out.

Edit: As far as unanimity, I think it's very unlikely that Ginsburg ever rules this constitutional or Thomas ever rules it unconstitutional.
03-15-2017 , 09:12 PM
Quote:
Sen. John Cornyn (R-Texas) said Tuesday that if Democrats don't like a House bill to repeal and replace ObamaCare, they should offer their own legislation.

"if you don't like this proposal, then what's your suggestion? What's your suggestion?" he asked during a weekly Senate GOP leadership news conference.

"I'm sensing that they're just sitting back on their hands and taking great glee, great joy, out of seeing this market place of their creation melting down and people being left high and dry," he added
This has to be it; the irony event horizon.

http://thehill.com/blogs/floor-actio...-fix-obamacare
03-15-2017 , 09:18 PM
Quote:
Originally Posted by BooLoo
in two months this administration has turned the country into the laughing stock of the world...
PA, MI, and WI got that ball rolling
03-15-2017 , 09:26 PM
Quote:
Originally Posted by ymmv
one might almost think that the 2nd EO was written with the thought in mind that it would get overturned, so that trump et al can go "see, even when we try to compromise, the activist judges get out their pitchforks and are not happy until we write the law THEY want"
Please for the love of god everyone stop with this 4D chess bull****. They are grossly incompetent not Machiavelli.
03-15-2017 , 09:26 PM
Quote:
Originally Posted by einbert
Trump sealing up the legal case against him in his WWE rally in Nashville. Please proceed, Governor.
It's his favorite part of being President for sure. He was so satisfied with himself after the crowd started chanting to lock up Hillary.
03-15-2017 , 09:27 PM
Reading the dissent and it does seem pretty strong to my layman's eyes.

      
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