ARRA News Service
ARRA News Service facebook page  
News 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. All 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 site - no paid ads accepted - no payments for articles. Fair Use doctrine is posted & used.
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)

Thursday, April 13, 2017

Fourth Circuit ‘Lawyers Up’ Against Trump

by John and Andy Schlafly: “Lawyer up” refers to hiring a bunch of lawyers to address an emerging dispute. An example was when President Bill Clinton “lawyered up” to deal with the Monica Lewinsky scandal.

The entire U.S. Court of Appeals for the Fourth Circuit has just “lawyered up” in order to take on Donald Trump’s second travel ban, Executive Order 13,780, which is on appeal from a federal district court in Maryland. The Fourth Circuit has convened an en banc (full sitting) of its lawyers-turned-judges to consider this standoff between the courts and the President of the United States, in International Refugee Assistance Project v. Trump.

It is nearly unheard of for a court to convene en banc to consider an initial federal appeal. More than 99% of federal appeals are heard by a three-judge panel chosen at random from among the judges who sit on that particular federal appellate court.

But there are several reasons why the Fourth Circuit broke from tradition and insists on all its active judges hearing this case from the get-go. The current composition of this appellate court reveals why.

From its headquarters in Richmond, the Fourth Circuit presides over Maryland, Virginia, West Virginia and North and South Carolina. Historically the Fourth was the most conservative Circuit in the entire Nation, featuring judges handpicked by Senators Jesse Helms (R-NC) and Strom Thurmond (R-SC).

But today the Fourth is one of the most liberal of the 13 federal circuit courts, stacked with 10 Democrats against only 5 Republicans on active service, and no vacancies. President Obama placed 6 judges on the Fourth Circuit, all in his first term alone.

By insisting on going en banc at the outset, this Democrat-dominated court ensures that Trump will not draw a Republican majority on a three-judge panel, which would have been possible under the ordinary process. Instead, Trump will be looking at a group of judges more liberal on social issues than the voters in California, where Trump lost by 62-32%.

Another likely reason why the Fourth Circuit took this extraordinary step was to muscle up for its stand-off with the commander in chief. It will be easier to rule against the Chief Executive with the support of ten judges than merely with only two or three.

That’s more judges than the entire U.S. Supreme Court, which will almost certainly get the appeal one day. The Fourth Circuit, however, can take as long as it likes with this case, and could easily wait until just before the midterm elections next year before slapping Trump down with another judicial supremacist ruling.

The federal district court ruled that Trump’s executive order limiting travel from six Muslim-majority countries was probably a violation of the Establishment Clause, and the court enjoined it on that basis. The lower court said that statements made by candidate Trump reflected an animus towards Muslims, and thus as President he would not be allowed to protect our Nation from possible terrorists with this travel ban.

The district court issued its injunction nationwide, even though it sits only in Maryland. The court insisted that no one would be hurt by the injunction, although people have been hurt and killed by individuals entering our Nation from the designated foreign countries.

At issue is a mere 90-day ban on travel by citizens of Iran, Libya, Somalia, Sudan, Syria, and Yemen, to the United States. One may wonder why foreigners even have a right to challenge an order of the President of the United States concerning entry into our country.

Included among the plaintiffs were American citizens and lawful permanent residents who sponsored relatives living in one of the six designated countries for immigrant visas to the United States. These plaintiffs assert that they will be injured if their relatives cannot visit them here.

But why don’t these plaintiffs travel abroad to visit with their relatives there instead? Or, perhaps better yet, why don’t they seek a waiver as allowed by Trump’s Second Executive Order?

The court found that the waiver process imposes an additional hurdle to “reunification” of these families, and thus the court allowed the relatives here to sue on behalf of their kin there. In addition, the court found that Muslim lawful residents here could sue to overturn the travel ban based on “fear, anxiety, and insecurity” due to Trump’s allegedly anti-Muslim views.

As Phyllis Schlafly observed a decade ago in The Supremacists, “Textbooks still say that we have three balanced branches of government — but textbooks are badly behind the times because one branch has assumed authority over the other two.” This overreaching in power by the judicial branch will not be rectified by appointing a few good judges to the bench.

Instead, Trump’s advisers need to realize that the courts will block Trump and drive down his approval rating again and again. Congress should simply withdraw jurisdiction from the courts over the travel ban, and Trump’s executive branch should decline to enforce unconstitutional court orders that interfere with our national security.
----------------
John and Andy Schlafly at Eagle Forum are sons of Phyllis Schlafly (1924-2016) whose 27th book, The Conservative Case for Trump.

Tags: John Schlafly, Andy Schlafly, Eagle Forum, Fourth Circuit, ‘Lawyers Up’, Against, President Trump 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 4:00 PM - Post Link

0 Comments:

Post a Comment

<< Home


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 us at:
Facebook.com/ARRANewsService


Recent Posts:
Personal Tweets by the editor:
Dr. Bill - OzarkGuru
#Conservative #Constitution #NRA #GunRights #military 22 yr #veteran #professor #Christian #ProLife #TCOT #SGP #CCOT #schoolchoice #fairtax Married-50+yrs #MAGA


Action Links!
Arkansas State Senators
AR State Representatives
Arkansas Governor Office
Arkansas Attorney General
Bankrupting America
US House of Representatives
US Senators
Family Research Council
GrassFire
NumbersUSA
Ballotpedia
Judgepedia
Sunshine Review

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
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
Let's Mine AR Lignite NOW!
Personhood Initiative
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!
Americans for a Free Republic
America's Best Choice
America's Whatchtower
An Ol’ Broad’s Ramblings
ARRA Twitter
As A Matter of Fact
As The Crackerhead Crumbles
Baaad Media!
Black & Right
Blogs For Borders
Blogs for Palin
Blow the Trumpet Ministry
Boot Berryism
Cap'n Bob & the Damsel
Chicago Ray Report
Chuck Baldwin - links
Citizen Pamphleteer
Common Cents
Conservative Hideout
Conservative Observer AZ
Conservative Voices
Conway Real Deal
Defeat Obama's Agenda
Diana's Corner
eGOP News
Florida Pundit
Franklin Online Outreach
Freedom For US Now
Free Zone Media Center
For God and Liberty
Garland County Republicans
Greater Fitchburg For Life
Guns and Religion
Lasting Liberty Blog
Liberal Isn't Amy
Liberty's Lifeline
Maggie's Notebook
Marathon Pundit
Monkey in the Middle
NASA Satellites
No Runny Eggs
Okie Campaigns
Our Voices Arkansas
Patriot's Corner
ProLifeBlogs
Publius Forum
Randy's Roundtable
Real Debate Wisconsin
Religion and Morality
Right on Issues that Matter
Right Reason
Rocking on the Right Side
Saber Point
Saline Watchdog
Secure Arkansas
Sentry Journal
Sultan Knish
Teresamerica
Stop Obama Satire & Cartoons
The Arkansas Patriot
The Audacity of Logic
The Blue Eye View
The Bobo Files
The Born Again Americans
TEA Party Cartoons
The Conservative Citizen
The Foxhole | Unapologetic Patriot
The Liberty Republican
The Lid
The Looking Spoon
The Maritime Sentry
The O Word
The Path to Tyranny Blog
The Real Polichick
TOTUS
Truth About Obamacare
Twitter @ARRA
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 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
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
Gingrich Productions
Global Incident Map
Great Americans
Gold Standard 2012 Project
Gun Owners of America (GOA)
David Horowitz Freedom Center
Institute For Justice
Institute for Truth in Accounting
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
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
Union Facts



Blogs For Borders

Reject the United Nations

Adopt Our Troops in Prayer


Thousands of Deadly Islamic Terror Attacks Since 9/11

FairTax Nation on FaceBook
Friends of 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


  • How To Exchange Links!
  • 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 the beliefs associated with the ARRA, this blog/site is not controlled by nor funded by the ARRA. 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 - 2016 ARRA News Service
Creative Commons License
Creative Commons Attribution Noncommercial Share Alike 3.0 Unported License.