ARRA News Service
News Blog for social, fiscal & national security conservatives who believe in God, family & the USA. Upholding the rights granted by God & guaranteed by the U.S. Constitution, traditional family values, "republican" principles / ideals, transparent & limited "smaller" government, free markets, lower taxes, due process of law, liberty & individual freedom. Content approval rests with the ARRA News Service Editor. Opinions are those of the authors. While varied positions are reported, beliefs & principles remain fixed. No revenue is generated for or by this "Blog" - no paid ads - no payments for articles. Fair Use Doctrine is posted & used.
Blogger/Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
Contact: editor@arranewsservice.com (Pub. Since July, 2006)
    Home Page
   

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Monday, February 13, 2017

Court Ruling Against Trump’s Executive Order Shows the Worst of Judicial Activism

by Hans von Spakovsky: A three-judge panel of the 9th U.S. Circuit Court of Appeals has repeated the mistakes made by the district court judge who stayed President Donald Trump’s executive order temporarily suspending visas from seven terrorist havens.

Both the judge in Washington state and the San Francisco-based circuit court have now refused to recognize the authority of Congress and the president to make this national security decision.

Neither the judge in Washington state nor the court has offered anything approaching a detailed discussion of 8 U.SC. §1182 (f), the law which specifically gives the president authority to suspend the entry of any aliens into the U.S. if he believes their entry would be “detrimental to the interests of the United States.”

Unless this statutory provision is unconstitutional, the president has acted completely within the law.

The 9th Circuit gives lip service to the fact that “courts owe substantial deference to the immigration and national security policy determinations of the political branches—an uncontroversial principle that is well-grounded in our jurisprudence.”

Inexplicably, it then proceeds to give no deference to the president’s policy determination that a temporary suspension is necessary to ensure that adequate vetting procedures are in place.

The court also gives no deference to the decision of Congress to delegate its plenary power over immigration to the president on this issue.

The 9th Circuit also claims that there is “no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States.”

But as Washington Examiner journalist Byron York reports, that’s simply not true. In fact, there is plenty of this sort of evidence:

Last year, the Senate Judiciary subcommittee on immigration and the national interest released information showing that at least 60 people born in the seven countries had been convicted—not just arrested, but convicted—of terror-related offenses in the United States since Sept. 11, 2001.

And that number did not include more recent cases like Abdul Artan, a Somali refugee who wounded 11 people during a machete attack on the campus of Ohio State University last November.
Instead of discussing the relevant statute under which the president acted, the 9th Circuit instead engages in an extensive discussion of its concern that the executive branch is failing to provide due process to aliens barred from entry into the United States.

While it can certainly be argued that permanent resident aliens may have certain due process rights before their residency status can be canceled, the White House has already said the order does not apply to permanent residents.

The court’s apparent opinion that other aliens who don’t live in the U.S. have due process rights if they are refused entry can only be true if they have a constitutional right to enter the U.S.

That is an absurd proposition, yet that is the end result of the court’s opinion: that a foreign alien can demand a hearing and due process rights if one of our embassies refuses to give the alien a visa.

So far in the numerous lawsuits that have been filed against this executive order, the only federal judge to get it right is Nathaniel Gorton of the District Court of Massachusetts.

He analyzed the relevant statute, 8 U.S.C. §1182(f), and concluded that the executive order is fully within the president’s authority: “The decision to prevent aliens from entering the country is a ‘fundamental sovereign attribute’ realized through the legislative and executive branches that is ‘largely immune from judicial control.'”

Contrary to the 9th Circuit, Gorton says the executive order is “facially legitimate and bona fide.”

The 9th Circuit’s ruling has as little basis in the law as the original decision by the district court judge. It is just another example of arrogant federal courts grabbing power from the legislative and executive branches in violation of basic separation-of-powers principles.

After the decision was announced, Trump tweeted, “The security of our nation is at stake.” He is right.
-------------
Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform—as a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies and manager of the think tank’s Election Law Reform Initiative. More ARRA News Service articles by or about Hans von Spakovsky

Tags: Court Ruling, Against Trump’s Executive Order, Worst, Judicial Activism, Hans von Spakovsky, The Heritage Foundation, The Daily Signal To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. and "Like" Facebook Page - Thanks!
Posted by Bill Smith at 9:30 AM - Post Link

8 Comments:

Anonymous Gerri Maloney said...

It does but say something that is new. Wacking someone just keeps them wacking back. This is not in our (R's or I's) nature.

2/13/2017  
Anonymous Deplorable SKV said...

It is not but I have to say only way to make them stop is get up in their face and say NO MORE. You've met them.

2/13/2017  
Anonymous Gerri Maloney said...

Eventually!

2/13/2017  
Anonymous Deplorable SKV said...

We don't have until eventually. We have less than two years. I wish I could say the fight was over. It isn't.

2/13/2017  
Anonymous Gerri Maloney said...

The Rosie's aren't worth the key stroke. Every time we go back at them they make more $$.

2/13/2017  
Anonymous Deplorable SKV said...

True. I try not to acknowledge them at all if I can.

2/13/2017  
Blogger Bill Smith said...

@STSTWO @MaloneyGerri Great points & Comments! Thanks.

2/13/2017  
Anonymous Den Ray said...

CALL AND WRITE THE WHITE HOUSE AND CONGRESS AND DEMAND THAT THEY BREAK UP THE SO CALLED 9TH CIRCUIT COURT

2/13/2017  

Post a Comment

<< Home


View U.S. National Debt

Don't miss anything!
Subscribe to the
ARRA News Service
It's FREE & No Ads!

You will receive a verification email
& must validate you subscribed!

You Then Receive One Email Each AM
With Prior Days Articles / Toons / More


Also, Join & leave conservative posts & comments on
Facebook.com/ARRANewsService


Recent Posts:
Personal Tweets by the editor:
Dr. Bill - OzarkGuru - @arra
#Christian Conservative; Retired USAF & Grad Professor. Constitution NRA ProLife schoolchoice fairtax - Editor ARRA NEWS SERVICE. THANKS FOR FOLLOWING!

Action Links!
State Upper & Lower House Members
State Attorney Generals
State Governors
The White House
US House of Representatives
US Senators
GrassFire
NumbersUSA
Ballotpedia

Facebook Accts - Dr. Bill Smith
Pages:
ARRA News Service
Arkansans Against Big Government
Alley-White Am. Legion #52
Catholics & Protestants United Against Discrimination
End Taxpayer Funding of NPR
Overturn Roe V. Wade
Prolife Soldiers
Project Wildfire 4 Life
Republican Liberty Caucus of Arkansas
The Gold Standard
US Atty Gen Loretta Lynch, aka Eric Holder, Must Go
Veterans for Sarah Palin
Why Vote for Hillary (Satire)
FB Groups:
Arkansas For Sarah Palin
Arkansas Conservative Caucus
Arkansas County Tea Party
Arkansans' Discussion Group on National Issues
Blogs for Borders
Conservative Solutions
Conservative Voices
Defend Marriage -- Arkansas
FairTax
FairTax Nation
Arkansas for FairTax
Friends of the TEA Party in Arkansas
Freedom Roundtable
Pro-Life Rocks - Arkansas
Republican Network
Republican Liberty Caucus of AR
Reject the U.N.

Patriots
Exchange
Links

Request Via
Article Comment

Links to ARRA News
A Patriotic Nurse
Agora Associates
a12iggymom's Blog
America, You Asked For It!
America's Best Choice
ARRA News Twitter
As The Crackerhead Crumbles
Blogs For Borders
Blogs for Palin
Blow the Trumpet Ministry
Boot Berryism
Cap'n Bob & the Damsel
Chicago Ray Report - Obama Regime Report
Chuck Baldwin - links
Common Cents
Conservative Voices
Diana's Corner
Greater Fitchburg For Life
Lasting Liberty Blog
Liberal Isn't Amy
Marathon Pundit
Patriot's Corner
Right on Issues that Matter
Right Reason
Rocking on the Right Side
Saber Point
Saline Watchdog
Sultan Knish
The Blue Eye View
The Born Again Americans
TEA Party Cartoons
The Foxhole | Unapologetic Patriot
The Liberty Republican
The O Word
The Path to Tyranny Blog
The Real Polichick
The War on Guns
TOTUS
Twitter @ARRA
Underground Notes
Warning Signs
Women's Prayer & Action
WyBlog

Editor's Managed Twitter Accounts
Twitter Dr. Bill Smith @arra
Twitter Arkansas @GOPNetwork
Twitter @BootBerryism
Twitter @SovereignAllies
Twitter @FairTaxNation

Editor's Recommended Orgs
Accuracy in Media (AIM)
American Action Forum (AAF)
American Committment
American Culture & Faith Institute
American Enterprise Institute
American Family Business Institute
Americans for Limited Government
Americans for Prosperity
Americans for Tax Reform
American Security Council Fdn
AR Faith & Ethics Council
Arkansas Policy Foundation
Ayn Rand Institute
Bill of Rights Institute
Campaign for Working Families
CATO Institute
Center for Individual Freedom
Center for Immigration Studies
Center for Just Society
Center for Freedom & Prosperity
Citizens Against Gov't Waste
Citizens in Charge Foundstion
Coalition for the Future American Worker
Competitive Enterprise Institute
Concerned Veterans for America
Concerned Women for America
Declaration of Am. Renewal
Eagle Forum
FairTax
Family Research Council
Family Security Matters
Franklin Center for Gov't & Public Integrity
Freedom Works
Gingrich Productions
Global Incident Map
Great Americans
Gold Standard 2012 Project
Gun Owners of America (GOA)
Heritage Action for America
David Horowitz Freedom Center
Institute For Justice
Institute for Truth in Accounting
Intercollegiate Studies Institute
Judicial Watch
Less Government
Media Reseach Center
National Center for Policy Analysis
National Right To Work Foundation
National Rifle Association (NRA)
National Rifle Association (NRA-ILA)
News Busters
O'Bluejacket's Patriotic Flicks
OathKeepers
Open Secrets
Presidential Prayer Team
Religious Freedom Coalition
Renew America
Ron Paul Institute
State Policy Network
Tax Foundation
Tax Policy Center
The Club for Growth
The Federalist
The Gold Standard Now
The Heritage Foundation
The Leadership Institute
Truth in Accounting
Union Facts



Blogs For Borders

Reject the United Nations

Presidential Prayer Team

Thousands of Deadly Islamic Terror Attacks Since 9/11


FairTax Nation on FaceBook
Friends of Israel - Stand with Israel
Blog Feeds
Syndicated - Get the ARRA News Service feed Syndicated!
ARRA Blog Feed

Add to Google Reader or Homepage

Add to The Free Dictionary

Powered by Blogger


  • To Exchange Links - Email: editor@arranewsservice.com!
  • Comments by contributing authors or other sources do not necessarily reflect the position the editor, other contributing authors, sources, readers, or commenters. No contributors, or editors are paid for articles, images, cartoons, etc. While having reported on and promoting principles & beleifs beliefs of other organizations, this blog/site is soley controlled and supported by the editor. This site/blog does not advertise for money or services nor does it solicit funding for its support.
  • Fair Use: This site/blog may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. Such material is made available to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. This constitutes a 'fair use' of such copyrighted material as provided for in section Title 17 U.S.C. Section 107 of the US Copyright Law. Per said section, the material on this site/blog is distributed without profit to readers to view for the expressed purpose of viewing the included information for research, educational, or satirical purposes. Any person/entity seeking to use copyrighted material shared on this site/blog for purposes that go beyond "fair use," must obtain permission from the copyright owner.
  • © 2006 - 2020 ARRA News Service
Creative Commons License
Creative Commons Attribution Noncommercial Share Alike 3.0 Unported License.