02-10-2017, 05:31 AM
The Ninth Circuit recently agreed that Trump's executive order to stop certain aliens from entering the US should not be enforced. Trump responded by calling this a political decision, and announced that he would win easily on appeal. This makes me wonder if Trump is dealing with a well thought out legal position, or if he is shooting from the hip instinctively. To often, when confronted with any sort of opposition, his tendency is to insult and confront with little concern for maintaining contact with reality.
Wondering, I actually slogged through the Ninth Circuit's opinion. I'm not professional legal type, but it felt solid. If there is politics involved, and I suspect there is, it has been camouflaged well behind a wall of precedent. The Ninth walked through Trump's lawyer's claims point by point, and rebutted each point.
On the judicial side of things, conservative judges tend to strictly honor the intent of the authors of the law, while progressive judges might be concerned with the rights of the people. I'm thinking that at least in this case, Trump is over stretching his power while disregarding rights and due process. He's stepping on the toes of both sorts of judges. The unanimous decision by a panel appointed by presidents of both parties might suggest Trump will have a problem moving on.
This reflects an ongoing question on my part. Is Trump lying, or is he living in an alternate reality where he is right? Does he really believe he has some sort of reasonable legal argument?
Wondering, I actually slogged through the Ninth Circuit's opinion. I'm not professional legal type, but it felt solid. If there is politics involved, and I suspect there is, it has been camouflaged well behind a wall of precedent. The Ninth walked through Trump's lawyer's claims point by point, and rebutted each point.
On the judicial side of things, conservative judges tend to strictly honor the intent of the authors of the law, while progressive judges might be concerned with the rights of the people. I'm thinking that at least in this case, Trump is over stretching his power while disregarding rights and due process. He's stepping on the toes of both sorts of judges. The unanimous decision by a panel appointed by presidents of both parties might suggest Trump will have a problem moving on.
This reflects an ongoing question on my part. Is Trump lying, or is he living in an alternate reality where he is right? Does he really believe he has some sort of reasonable legal argument?
That this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.