Thursday, February 9, 2017

9th Circuit keeps stay on Trump travel ban, 3-0


The 9th Circuit has ruled 3-0 that the Washington state judge’s stay on the Trump travel ban “stays”.

CNN’s Jeffrey Toobin discusses the options here. I wasn't aware that Minnesota was also a plaintiff.

Here’s a SCRIBD full opinion on The Washington Post.

Some of the alternatives for Trump include an en banc appeal to the full circuit, a Supreme Court appeal, or a rewrite of the EO with a narrower focus.  If so, please don’t let Steve Bannon rewrite it!



It does seem credible for Trump to argue that people not already here and without previous visas or green cards have no standing before the courts for any claim of constitutional rights (you have to “exist” to have rights.)

But it sounds probable to me that the courts would insist that legal residents and people with green cards or valid visas be allowed to return, short of some compelling new evidence why they should not.

The president is right inasmuch as the country cannot afford to have millions who disregard the law altogether.  16 million people live in a household with an undocumented person.  Totally undocumented immigration does affect life in border areas -- I have some personal contact for what goes on in Texas and in Arizona particularly.  There is a real problem.  We need to figure out how to make immigration lawful and safer.

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