President Trump’s revised ‘Travel Ban’ is scheduled to be heard again today in the West Coast’s Circuit Court of Appeals.
The Trump Administration revised the original ban to address concerns made by the courts when they rejected his ban.
Story. Today the court will begin hearing arguments regarding the revised ban. As reported by The Washington Examiner:
The next judicial skirmish in the battle over President Trump’s travel ban comes Monday at the West Coast’s 9th Circuit Court of Appeals and promises to pack a bigger punch than any of the preceding arguments thus far.
The 9th Circuit Court of Appeals previously heard arguments over Trump’s first executive order about the travel ban and decided to keep a lower court’s blockade of the travel ban in place. Trump subsequently issued a revised order, seemingly mindful of the concerns expressed by the court. He also has railed repeatedly against the 9th Circuit for its decisions, saying that the sprawling, 10-state circuit should be broken up.
A challenge of the second executive order, which blocks foreign nationals from six Muslim-majority countries from entering the U.S. for 90 days, heads before the western federal appeals court on Monday, after a federal judge in Hawaii blocked portions of the new order.
Constitutional Order. When the judges in the 9th Circuit previously banned the order from being enforced, they did so without actually following the law. They based their decision on what appears to be ‘emotions’ rather than the actual Constitution. As PJ Media noted:
This is an exceedingly important lesson. Far too many people — on the Left and the Right — cheered the illegal blocking of Trump’s executive order, when the president had the authority to issue it. Elections have consequences, and the other branches of government must respect the separation of powers.
Whether or not Americans supported Trump’s order, he had the constitutional authority to make it, and if he acted wrongly, appropriate censure should come from Congress and from the people in elections, not the judicial branch. This dissent is important, because it sets the record straight on this key constitutional issue.
Why this matters? It will be interesting to see how the changes will be taken by the court. The revised Executive Order attempted to address all of the previous concerns. If all these concerns have been properly addressed, will the court uphold the EO or will activist judges yet again do their thing?
If the court isn’t going to actually rule on the Constitutionality of the order, and is going to continue their emotional reasoning (or lack thereof), it seems that it is the court that is at issue, not the order.
The United States is a country based on rules and laws, and the courts are not supposed to be preaching activism from the bench. If the 9th circuit can’t follow the rule of law, why do they actually exist in the first place?
http://thefederalistpapers.org/us/trumps-revised-travel-ban-heading-to-court-at-ninth-circuitTrump wants to break up the ninth circuit court of appeals so if he loses again in the ninth he will definitely win in the Supreme Court. That will give him the excuse and ammunition to break it up.
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