This evening the ninth circuit court of appeals said no to our beloved leader. They said that the government did not show any imminent harm if the stay on his Muslim Ban were not lifted. But, it went way beyond just that. It went into civics 101 lessons to our beloved leader. Though I doubt that he will read the lesson plan or act on it.
The first argument that the government tried top use was that the court had no right to review an order that was based on national security. The court answered that by saying:
There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy.
he court also said that the Trump administration pointed to “no evidence” showing a need for the executive order. During the argument segment the other day, the court was almost pleading with the government to give any evidence that there was a good reason for this ban on these seven countries. The government did not give any evidence.
Even if the evidence was classified, there is no reason that the court should not have been given that evidence because there are rules for the court to seal the evidence and not allow it to become public. This kind of action has happened more times than I can count.
That argument came up when the government asserted that the courts do not have any classified information that could affect the case. As the court pointed out, rightly, in their ruling that was not a good reason because there was nothing that prevented the government to show the court any such evidence. A government lawyer should have know that simple fact.
So the court said that the government could not show a reason for this particular travel ban based on evidence. In essence they were questioning the government why these seven countries and not others were in this ban. I read that as saying there has to be a “need” to place a ban like this in place, and the government couldn’t show one.
The one argument that the government tried to use was so stupid, even I as a non-lawyer would never try to use it. They argued that the portion of the ban that kept out “legal residents with green cards” should not be considered because the counsel to the President said in a memo that would not be enforced.
The reason I said it was “like really stupid” is that portion of the order is still in the executive order. Even the court said basically the same thing. They told the government that the order had not been changed, and with the changing interpretations of the order since it was signed, the court could not be sure that it would not be enforced once the government got its way.
These are only a few lessons the court tried to give our beloved leader and his administration. Of course trump wasn’t pleased. He tweeted almost immediately after the ruling: “See you in court, the security of our nation is at stake.” Of course to show his displeasure he tweeted in all caps to show he was yelling at the court.
This ruling does not kill the ban. It merely keeps the stay holding it in limbo in place. The administration now has to decide who to handle the next step. They could run to the Supreme Court to try to get the stay overruled, but there is no guaranty they will get what they want. They could ask the full Ninth Circuit of Appeals to rehear the case. Or, it go just go ahead and go back to the District Court and try the case on its merits.
Some are saying that trump could swallow his pride, fat chance, and pull the executive order and rewrite it to pass constitutional muster. The problem with that is there is already too much out there in print and on tape that basically says it was intended to be a Muslim ban which is unconstitutional.
One final step he can take is to sit down with members of congress from both sides of the aisle and come up with a bi-partisan plan to really make our country safe. But, don’t hold your breath on that either. He is more interested in “winning” and getting his way instead of doing what is best for the country. He is acting more like a stupid “super jock” and this is just kind of sick game.
In another effort to put down the judicial system he called the ruling “political”. The only thing political about this ban was the simple fact that he blew it because he was more interested in feeding his base more red meat against Muslims than in actually doing something reasonable.
The order did not go through the normal channels to make sure it was constitutional. They did not use any legal expertise to write the order. They allowed political strategists to overrule legal experts in the wording.
It was a total disaster from the beginning and it should never have been signed or implemented. This is what you get when a power hungry moron tries to put his name in the headlines.
Then again, what do you expect when the White House staff is only about 10 percent full. The staff usually has about 400 people working to help the president. Today there are about 40. There are reports of nothing but empty desks in the West Wing. He has no one to ask for advice that knows anything because he hasn’t hired them yet.
All of this chaos is starting to show just how bad things really are. There is a new PPP Poll coming out that gives very low favorability rating to our beloved leader. If I remember it correctly over 50 percent believe this ban was intended to be a ban on Muslims. Over 60 percent said they do not want a Muslim Ban.
We have had presidents who were very very good. We have had presidents who were very good. We have had presidents who have been average. We have had presidents who were very bad. And we had some presidents who were very very bad.
The problem we are facing with this president is that he is exceeding the very very bad presidents with such poor performance and we are only three weeks into his presidency. Some might argue that it can only get better. But, the evidence of his past performances is that it is more likely to get even worse. That puts our country in a very bad place.
My personal opinion is that trump does not respect the law. He does not respect the other branches of government. He does not respect the constitution. He does not respect our democracy. He does not respect the American People. He only is interested in donald trump and no one else. He wants total power, and he will keep doing what he has been doing in order to try to get that power.
It just shows that the shirts keep marching along.