No Longer a Nation of Laws, Ninth Circuit Usurps Presidential Powers on Immigration Ban

San Francisco’s federal appeals court asserted a novel theory on Thursday to claim jurisdiction over the legal challenge to Executive Order 13769, affirming the lower court’s order halting President Trump’s temporary travel-restriction policy. . .

The Ninth Circuit went on to reject several of the tenuous theories the states of Washington and Minnesota asserted to claim standing to bring this lawsuit. Nonetheless, a three-judge panel of the court adopted one of the novel theories asserted by the state, holding that, “as the operators of state universities, the States may assert not only their own rights to the extent affected by the Executive Order but may also assert the rights of their students and faculty members.” Some of those students are effected by the immigration order.

President Trump’s Department of Justice (DOJ) argued that Congress has plenary authority over all immigration decisions, and that Congress had delegated complete discretion to the president in 8 U.S.C. § 1182(f) to make such decisions, especially when national security was at stake. . .

[Listen to Joe Miller Hammer the Ninth Circuit:]

The court held that the executive order likely violated the Due Process Clause of the Fifth Amendment, holding that the “Government has not shown that the Executive Order provides what due process requires, such as notice and a hearing prior to restricting an individual’s ability to travel”. . .

The court also gave at least some credence to what many considered one of the most tenuous claims in the lawsuit, the one asserting that appearing to prefer Christianity over Islam for immigrants violates the Constitution’s Establishment Clause. (Read more from “No Longer a Nation of Laws, Ninth Circuit Usurps Presidential Powers on Immigration Ban” HERE)

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