Working Overtime In Washington State

“The court has received appellants’ emergency motion. Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied.
 
Appellees’ opposition to the emergency motion is due Sunday, February 5, 2017 at 11:59 PST. Appellants’ reply in support of the emergency motion is due Monday, February 6, 2017 at 3:00 p.m. PST.”
 
See Appeals court denies immediate reinstatement of Trump travel ban
Yes! At least one court is not willing to put the world on Trump’s yo-yo. The United States Court of Appeal for the Ninth Circuit is taking its job seriously unlike Trump who dashes off an executive order without proper consideration of effects and constitutionality. A suspension of his travel-ban until the proper review is done is the right thing to do. Thanks to the lawyers and courts for working overtime to do the right thing.

The question comes to my mind, if Trump has several constitutional violations in two weeks in office, how long will it be before Congress impeaches him? Will USA be free of Trumpism by summer?

See also, the court’s page on State of Washington & State of Minnesota v. Trump

“Invoking his constitutional authority to control the entry of aliens into this country and congressionally delegated authority to “suspend the entry of * * * any class of aliens” whose entry “would be detrimental to the interests of the United States,” the President has directed a temporary 90-day suspension of entry for individuals from seven countries previously identified as posing a heightened risk of terrorism by Congress or the Executive Branch; a temporary 120-day suspension of the U.S. Refugee Admissions Program; and a suspension of entry of Syrian nationals as refugees until the President determines that measures are in place “to ensure that admission of Syrian refugees is consistent with the national interest.””

That’s from Trump’s request to lift the stay on his ban. Of course it begs the question of why 700K immigrants over the years from these countries posed no serious problem but now each and every immigrant/visitor must now be banned for a period of time while Trump gets to claim he’s fulfilling a campaign where he promised to “ban Muslims”… Clearly, the entry of these people is not detrimental to the USA as there exists an abundance of testimony by individuals and organizations foreign and domestic. Trump has to prove his belief is warranted under the circumstances to justify the ban. Further, a review of vetting could have been done while normal traffic continued. There just wasn’t an emergency requiring a ban. So Trump’s main argument does not hold water while the states’ arguments are full of rationality. Trump is the enemy of USA, not refugees and immigrants. USA is a country made of refugees and immigrants. Even Trump is descended from immigrants, one a refugee from compulsory military service and another a refugee from poverty. Should they have been banned? Germany later became an enemy on the battlefield. Perhaps Trump’s citizenship should be revoked retroactively and without due process just as he wants today to do with visas and green cards of legitmate refugees and immigrants and visitors by the thousands.

About Robert Pogson

I am a retired teacher in Canada. I taught in the subject areas where I have worked for almost forty years: maths, physics, chemistry and computers. I love hunting, fishing, picking berries and mushrooms, too.
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14 Responses to Working Overtime In Washington State

  1. dougman says:

    Now that this entire issue has been resolved, and the court and judge has no standing to do anything, this emotional tired from this judge is moot.

    https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000860

    The 9th Circuit Court of Appeals in San Francisco, the government argued that a U.S. District Court judge has no legal right to stop a presidential action in which the president exercised his own constitutional power to conduct foreign policy, as well as power delegated by him to Congress in the area of immigration. The political branches of government have plenary authority over those areas, the government argued, citing cases from 1950, 1952, and 1999: Judicial second-guessing of the president’s determination that a temporary suspension of entry of certain classes of aliens was necessary at this time to protect national security would constitute an impermissible intrusion on the political branches’ plenary constitutional authority over foreign affairs, national security, and immigration. See, e.g., Harisiades v. Shaughnessy, 342 U.S. 580, 588-89 (1952) (“[A]ny policy toward aliens is vitally and intricately interwoven with contemporaneous policies in regard to the conduct of foreign relations, the war power, and the maintenance of a republican form of government.”). “[I]t is not within the province of any court, unless expressly authorized by law, to review the determination of the political branch of the Government to exclude a given alien.” Knauff, 338 U.S. at 543; see also INS v. Aguirre-Aguirre, 526 U.S. 415, 425 (1999).

    Additionally, the state’s lawyers argued that Microsoft alone employs nearly 5,000 H-1B visa holders, and that is in addition to those working for Amazon, Expedia, and Starbucks in the state. Therefore, the people of Washington State have legal standing to challenge the Trump order.

    The government responded that, whatever Microsoft’s hiring preferences, the law is clear:

    The [Immigration and Naturalization Act]’s carefully reticulated scheme provides for judicial review only at the behest of an alien adversely affected, and even then only if the alien is subject to removal proceedings. Under longstanding principles exemplified by the doctrine of consular nonreviewability, an alien abroad cannot obtain judicial review of the denial of a visa (or his failure to be admitted as a refugee). It follows that a third party, like Washington, has no “judicially cognizable interest” in such a denial.

    So in other words, a state cannot stop a president’s national security directive to satisfy the wishes of a particularly big business in that state.

    Pogsey defends the whims of Microsoft! I never in my life would have thought I would ever see that. I would like your comment on this matter Pogsey, you of all people, radically despise M$, but it seems the reasoning behind this political power play is due to the fact that M$ needs foreigners. So in essence, your argument is for Microsoft workers.

    HYPOCRITE!

  2. dougman wrote, “I bet you won’t just let anyone in, that wants to come into your home, and to think, you build a wall and lock the doors at night! The travesty!!”

    The issue is not only about who can come in but a lot of these folks and their companies and their families had visas or relied on visas and were denied. That’s not due process. That’s a broken contract. Further, the USA’s borders are not your door. The borders are governed by the rule of law. Your door is mostly governed by your wishes. Trump broke both constitutional and statute law by giving his order both by what he ordered and by how the order was applied. No matter what was in the order, it was not applied properly because it was applied to people who have valid papers and were in mid-flight. They did no wrong and were punished. Some were even forced to return, a huge waste of time/money/worry. Lives were put at risk. Business and education and healthcare were disrupted. It was just the wrong thing to do by any measure. Trump could have just ramped up his “vetting” without disrupting all those people’s lives. There was no imminent threat.

  3. Kurkosdr wrote, “we just banned people from traveling legally for “only” 90 days”.

    “Due process”, constitutionally, is not time-delimited. Being denied your due for 5 minutes or five days is all the same. Governments have to do their jobs whether or not it is a Trumpist government.

  4. Kurkosdr wrote, “are not suddenly negatively affected.”

    That’s called “due process“. It’s not in the Constitution by accident. Bureaucrats and tyrants like to jerk people around to disempower them. That’s what arresting people with valid visas who arrive on a flight in the middle of the night does. That’s what Trump doesn’t get or wants to do. Your guess is as good as mine on that one…

    Fortunately, Trump doesn’t do maths and couldn’t foresee that closing a few airports would affect hundreds of thousands of foreigners and hundreds of thousands of USAians including some rich/powerful corporations and fragmented families, all which get on the news displaying the perfidy of Trumpism. A campaign slogan does not make good government policy. Action without thought does not make good government policy. Sometimes being politically correct is just being correct.

  5. Kurkosdr says:

    President’d = President’s

  6. Kurkosdr says:

    To be sure dougie understood what I said, let me be more clear: It is a President’d duty to consider any collateral damage before farting out an executive order, so that people who are doing things legally and are just minding their own business are not suddenly negatively affected.

  7. Kurkosdr says:

    The same thing could be said about you domicile.

    My domicile is private property or leased property. The USA is not Trump’s property and the fact he was elected POTUS does not mean he got a lease on the USA for 4 years. Or that we was made overlord for 4 years.

    90/120 days is not permanent
    Oh, we just banned people from traveling legally for “only” 90 days. Everything is alright, the judges should have let him go on with this, so if he happens to get any other cute ideas like -say- a 90-day ban on going out after 9:00PM (which is also something you can do legally), he gets to go on with this too.

    And that’s the reason fanbots like dougie don’t get to be judges.

  8. dougman says:

    “issuing a blanket “all you from those countries are fired… err prevented from entering regardless of your current status” as of he is some kind of overlord in his private country or the host of a TV show.”

    The same thing could be said about you domicile. I bet you won’t just let anyone in, that wants to come into your home, and to think, you build a wall and lock the doors at night! The travesty!!

    An executive order imposing a 120-day suspension of the refugee program and a 90-day ban on travel to the U.S. from citizens of seven terror hot spots: Iraq, Iran, Syria, Libya, Yemen, Somalia and Sudan.

    90/120 days is not permanent, people in the media make it sounds like its the end of the world.

  9. Kurkosdr says:

    Still dougie, Trump farts out his executive orders with such wrecklessness and not-a-single-f|_|ck-given-ness that he doesn’t care if they contain ambiguities that prevent legal immigrant workers, even ones crucial to the tech industry like Microsoft and Google workers, from entering the country. I mean, it’s different thing pausing approval of new visas for a certain period of time, even Obama did that, and it’s a different issuing a blanket “all you from those countries are fired… err prevented from entering regardless of your current status” as of he is some kind of overlord in his private country or the host of a TV show.

    Good think the real judges had the guts to say “you don’t have the authority to do this”.

  10. Kurkosdr says:

    Still dougie, Trump farts out his executive orders with such wrecklessness and not-a-single-fuck-given-ness that he doesn’t care if they contain ambiguities that prevent legal immigrant workers, even ones crucial to the tech industry like Microsoft and Google workers, from entering the country. I mean, it’s different thing pausing approval of new visas for a certain period of time, even Obama did that, and it’s a different issuing a blanket “all you from those countries are fired… err prevented from entering regardless of your current status” as of he is some kind of overlord in his private country or the host of a TV show.

    Good think the real judges had the guts to say “you don’t have the authority to do this”.

  11. dougman says:

    “Trump who dashes off an executive order without proper…constitutionality.”

    Executive Orders are constitutional you dolt.

    Executive Orders are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Executive Orders are generally used to direct federal agencies and officials in their execution of Congressional established laws or policies.

    So in effect, what you and this judge is saying, lets not following the U.S. laws already existing on the books.

    If you were twenty today, you would be a social anarchist, otherwise known communist SJW.

  12. Kurkosdr wrote, “According to you Pog, Trump either won’t be bothered to run or will lose badly.”

    That’s one of several possibilities. I think it’s much more likely that Congress will be so disgusted by a bunch of constitutional violations that they will impeach him this year. It’s a highspeed train heading into a curve at two or three times the speed limit. Some say Trump is stupid and others that he’s smart. If he actually has a plan to become king/tyrant, he will do it this year, asking the rabble to rise up and “take back the country”.

    There’s no way a tyrant in the making will want to push his luck by waiting one day too long to usurp authority. I expect an uncivil war if the Congress doesn’t get its act together sooner rather than later. The longer Trump is in power the greater the danger. He’s weak at the moment because he still doesn’t have all his ducks in a row but if he can load up SCOTUS, the civil service and his cabinet with true believers, a crisis is imminent. It will be an excellent education for all those who were too lazy to vote and it should drive up the price of gold dramatically. It could be good for me if USA doesn’t melt down the whole world. We live in extremely interesting and dangerous times.

    Trump has taken specific actions which support this theory:

    • Convincing lower ranks that he knows more than the generals,
    • Denigrating the press, so no one can raise an alarm,
    • Denigrating the judiciary, so he can ask believers to ignore the law, and
    • Attacking Congress, so they lose control of him by any means.

    When everything breaks down as is inevitable with huge increases in spending and tax-cuts, Trump will just announce to believers that only he can fix things and they have to draw up a new constitution or just give him total power in a coup. Faced with a choice between uncivil war and a new constitution making Trump supreme leader for life and his children next in line, Congress and the States may accept Trump as their Fearless Leader. Given the diversity of USA I can’t see that happening without some violence. It’s just a big question whether enough of USA survives to keep the whole world together or whether everything goes down in flames. Trump doesn’t care. He’s a short-timer.

  13. Kurkosdr says:

    So… Trump wants to run the country like he used to run The Apprentice. He wants to be the sole lawmaker and judge. Of course, as you easily understand, this means politics got really interesting. US politics but also Western politics in general. Let’s see what happens in 2020… According to you Pog, Trump either won’t be bothered to run or will lose badly. I say that people living in forgotten flyover states who feel threatened of jobs moving to Mexico and China and of immigrants taking the jobs will remember Trump as the president who “tried to do a lot of things to change the country” after a long streak of presidents doing nothing because either the Senate or Congress blocked everything they tried to do. If he manages to be effective in bringing jobs back of course.

    You underestimate people’s willingness to accept an “effective dictator” as their ruler as long as he is effective (aka creates jobs that put food on the table).

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