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US Appeals Court Rules Against Trump On Travel Ban - Foreign Affairs - Nairaland

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US Appeals Court Rules Against Trump On Travel Ban by omenkaLives(m): 6:16am On Feb 10, 2017
A US court on Thursday unanimously refused to reinstate Donald Trump’s ban on refugees and nationals from seven Muslim-majority countries, dealing the new president and his controversial law-and-order agenda a major defeat.

The ruling from the federal appeals court in San Francisco on Trump’s executive order, issued on January 27 with no prior warning and suspended by a lower court a week later, capped a turbulent first three weeks of his presidency.

A defiant Trump quickly pledged to battle on, tweeting within minutes of the decision: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

The Justice Department had asked the Ninth Circuit Court of Appeals to restore the measure on an emergency basis, but the three-judge panel instead maintained the suspension ordered by a federal judge in Seattle.

“We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury,” the judges ruled.

Trump’s decree summarily denied entry to all refugees for 120 days, and travelers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days. Refugees from Syria were blocked indefinitely.

The new Republican administration argued the ban was needed to prevent Islamic State and Al-Qaeda fighters migrating from reaching US soil, but it sparked travel chaos and was roundly rejected by immigration advocacy groups.

Critics say the measure targeted Muslims in violation of US law.

Now, the case could end up in the Supreme Court.

– Court’s logic –

The court in San Francisco said aspects of the public interest favored both sides, highlighting the “massive attention” the case had drawn.

“On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies,” the ruling said.

“And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination.”

While acknowledging that the Seattle judge’s ruling “may have been overbroad in some respects,” the panel said it was not their “role to try, in effect, to rewrite the executive order.”

“The government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States,” the court said.

– ‘No one is above the law’ –

Civil rights campaigners and state officials applauded the decision, vowing to fight on until the executive order was permanently scrapped. For now, it means that travellers with valid visas can continue to enter the country.

Washington Governor Jay Inslee, whose administration sued for the measure to be blocked, hailed a victory for his state and the country, arguing that the ruling showed “no one is above the law, not even the president.”

Human Rights Watch senior researcher Grace Meng called the decision “an important declaration of judicial independence, which is crucial for checking harmful overreach by the president.”

Trump had blasted the original suspension and decried the politicization of the federal courts in a series of fiery tweets and public statements.

Republican lawmakers jumped to Trump’s defense, with Senator Tom Cotton calling the ruling “misguided,” while Democrats predictably hailed it.

“Pres Trump ought to see the writing on the wall, abandon proposal, roll up his sleeves & come up w/ a real, bipartisan plan to keep us safe,” tweeted Senate Democratic minority leader Chuck Schumer.

Trump’s election rival Hillary Clinton tweeted simply: “3-0”.

– ‘New era of justice’ –

Ahead of the ruling, and with tensions high between the executive and the judiciary, Trump defended his hardline policies and declared a “new era of justice” in America as he swore in Attorney General Jeff Sessions.

“We face the menace of rising crime and the threat of deadly terror,” he said, doubling down on his dystopian vision of America.

“A new era of justice begins and it begins right now.”

Trump’s tough talk belies a political and legislative agenda that has been beset by missteps and legal challenges.

Even his own Supreme Court nominee, Neil Gorsuch, described the president’s comments about the judiciary as “disheartening” and “demoralizing.”

– Popular support –

Though Trump’s message has been criticized by experts, it appears to be resonating with supporters.

The billionaire won the election last November with 46 percent of the popular vote, and the RealClearPolitics average of polls shows his job approval at about that level, with the split largely along Republican-Democratic lines.

Trump on Wednesday trumpeted a Morning Consult-Politico poll showing 55 percent voter approval for his immigration ban, although earlier polls — dismissed by the president as “fake news” — have shown majority opposition.

His administration has 14 days to file a petition for reconsideration, either by the same panel or “en banc” — meaning by every judge on the court.

Another option would be to ask the Supreme Court to review the case, although some analysts have argued that this path poses the possibility of an embarrassing defeat, given the unanimity of the San Francisco panel, which included a Republican-appointed judge.
http://t.guardian.ng/news/us-appeals-court-rules-against-trump-on-travel-ban/


http://www.cnn.com/2017/02/09/politics/travel-ban-9th-circuit-ruling-immigration

Cc: Lalasticlala, Mynd44

3 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by izzou(m): 6:19am On Feb 10, 2017
grin

Whatever rocks their boat. Every country get him own headache

3 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by Nobody: 6:21am On Feb 10, 2017
Tch

13 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by omenkaLives(m): 6:22am On Feb 10, 2017
izzou:
grin

Whatever rocks their boat. Every country get him own headache
This man. It seems you and my threads na bumper to bumper get una today.

By the way, Trump will still lose even ir he takes it to a court in jupiter. That "decree" is unamarican.

3 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by chinjo(m): 6:22am On Feb 10, 2017
This is what I call real independence of the judiciary. Not what we have now under this Buhari/APC administration.

40 Likes 2 Shares

Re: US Appeals Court Rules Against Trump On Travel Ban by solid3(m): 6:24am On Feb 10, 2017
By the time these Muslim refugee show their colour, America will know what Trump is trying to save them from.

An gba omo adie lowo iku, oni a je koun re atan lo jeun. Ok

44 Likes 4 Shares

Re: US Appeals Court Rules Against Trump On Travel Ban by Nogodye(m): 6:24am On Feb 10, 2017
But i think Trump is trying to protect the country and make it more secure...

27 Likes 1 Share

Re: US Appeals Court Rules Against Trump On Travel Ban by izzou(m): 6:26am On Feb 10, 2017
omenkaLives:
This man. It seems you and my threads na bumper to bumper get una today.

By the way, Trump will still lose even ir he takes it to a court in jupiter. That "decree" is unamarican.

I know trump will lose. But what baffles me is that these folks were cheering him to victory a month ago. Why the urge to crucify him now?

Abi, no be wetin him promise him dey fulfill so?

4 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by azimibraun: 6:30am On Feb 10, 2017
Some of us were left with bruised an broken ego when some Nigerians will team up against us an want to force us to believe Trump will be like an authoocrat in a movie. We struggled to tell them the US has laws an institutions you are impeachment an embarrassment when you policies an programmes are inimical to the larger American position. We were outnumbered by illiterates. Oya! Let Supermman Trump do those things he ws shouting bout in his campaigns. Talk is cheap an Trump is cheap. He knows those rhetoric will win him the election but are not practicable. So he sai them nd will then want prosperity to judge him fairly that he had goo intentions attempted to implement them but the laws of the land an some "crazy folks" prevented him. Just for the records. Trump will be a flat leader.

25 Likes 1 Share

Re: US Appeals Court Rules Against Trump On Travel Ban by omenkaLives(m): 6:33am On Feb 10, 2017
solid3:
By the time these Muslim refugee show their colour, America will know what Trump is trying to save them from.

An gba omo adie lowo iku, oni a je koun re atan lo jeun. Ok
They have been showing their "real colours" and US has been handlig them since 911 at home and abroad a d dont need caution or advice from folks like you.

The law has spoken. They know what's best for them. Wail not for the Americans, you already have sufficient problems back home.

35 Likes 3 Shares

Re: US Appeals Court Rules Against Trump On Travel Ban by modath(f): 6:35am On Feb 10, 2017
omenkaLives:
This man. It seems you and my threads na bumper to bumper get una today.

By the way, Trump will still lose even ir he takes it to a court in jupiter. That "decree" is unamarican.


When i opined that the EO was treasonous & illegal, would not stand the test of time & will surely be thrown out by the courts, some chronically embittered & disgruntled element did the usual ,somersaulted like deranged gorillas to abuse their generations (they got IT as usual sad)

Drump for all his craze knew his support base werefilled with irrational hate & bias said all he did to garner votes by feeding their fear & hate.... I read one piece where some of his ardent supporters (not very intelligent BTW) claimed he has broken promises made to them to repeal gay right laws....

I JUST LAUGHED!! cheesy cheesy ... Even mad man sabi traffic, he won't mess with the gay mafia... Dem never cook the liver wey he go chop fit dare am... smiley

16 Likes 2 Shares

Re: US Appeals Court Rules Against Trump On Travel Ban by omenkaLives(m): 6:35am On Feb 10, 2017
izzou:


I know trump will lose. But what baffles me is that these folks were cheering him to victory a month ago. Why the urge to crucify him now?

Abi, no be wetin him promise him dey fulfill so?
Who were cheering him to victory? The Judges? I dont understand. undecided

2 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by izzou(m): 6:37am On Feb 10, 2017
omenkaLives:
Who were cheering him to victory? The Judges? I dont understand. undecided

Lol
No oh

The protestants on the streets
Re: US Appeals Court Rules Against Trump On Travel Ban by modath(f): 6:38am On Feb 10, 2017
izzou:


I know trump will lose. But what baffles me is that these folks were cheering him to victory a month ago. Why the urge to crucify him now?

Abi, no be wetin him promise him dey fulfill so?

Common now, are you for real? Who cheered him? You missed the protests? Less than 40% voted cos they believed the ones that will won't vote for an orange mad man racist puppet! !

2 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by EazyMoh(m): 6:41am On Feb 10, 2017
Hmmm interesting...
Ipods will not like this!
Good thing they have a way twisting and believing what they like to make them feel good.
Aside the fact that American ideals a re hinged on diversity and refugee heaven, the banned countries never had any terrorist attack on the US. But those that did like Saudi Arabia were conspicuously left out from the ban. So no way a sane judge would approve this based on the flimsy excuse of curbing terrorism.

7 Likes 1 Share

Re: US Appeals Court Rules Against Trump On Travel Ban by omenkaLives(m): 6:41am On Feb 10, 2017
modath:



When i opined that the EO was treasonous & illegal, would not stand the test of time & will surely be thrown out by the courts, some chronically embittered & disgruntled element did the usual ,somersaulted like deranged gorillas to abuse their generations (they got IT as usual sad)

Drump for all his craze knew his support base werefilled with irrational hate & bias said all he did to garner votes by feeding their fear & hate.... I read one piece where some of his ardent supporters (not very intelligent BTW) claimed he has broken promises made to them to repeal gay right laws....

I JUST LAUGHED!! cheesy cheesy ... Even mad man sabi traffic, he won't mess with the gay mafia... Dem never cook the liver wey he go chop fit dare am... smiley


They are now spinning it to say "Trump respects the rule of law, and American judiciary is independent unlike what obtains in the zoo" to conceal their grief over this obvious loss.

Trump can go ahead and give a billion EOs like the dictator he is; when they take them to court, they'd get demolished just like this one. If he choses to spend his entire time in the Oval jumping from one court to another and fighting the media, na him plate of banga soup be that.

23 Likes 2 Shares

Re: US Appeals Court Rules Against Trump On Travel Ban by izzou(m): 6:41am On Feb 10, 2017
modath:


Common now, are you for real? Who cheered him? You missed the protests? Less than 40% voted cos they believed the ones that will won't vote for an orange mad man racist puppet! !

Their mistake then.

Make them enjoy am.

Good morning ma'am
Re: US Appeals Court Rules Against Trump On Travel Ban by omenkaLives(m): 6:44am On Feb 10, 2017
izzou:


Lol
No oh

The protestants on the streets
Trump lost the "popular vote". Those who protested were mostly those who voted against him. So i dont see any change in opinion there whatsoever.

2 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by izzou(m): 6:46am On Feb 10, 2017
omenkaLives:
Trump lost the "popular vote". Those who protested were mostly those who voted against him. So i dont see any change in opinion there whatsoever.

Ohh

Alright

Their next four years will be rough
Re: US Appeals Court Rules Against Trump On Travel Ban by solid3(m): 6:48am On Feb 10, 2017
omenkaLives:
They have been showing their "real colours" and US has been handlig them since 911 at home and abroad a d dont need caution or advice from folks like you.

The law has spoken. They know what's best for them. Wail not for the Americans, you already have sufficient problems back home.

Let's get to Supreme Court first.
Re: US Appeals Court Rules Against Trump On Travel Ban by evy1(m): 7:03am On Feb 10, 2017
solid3:


Let's get to Supreme Court first.
Am sure he won't head to the supreme court so fast, he might have to wait for his supreme Court nominee to be confirm which might probably give the conservative the upper hand in the Supreme Court.
Re: US Appeals Court Rules Against Trump On Travel Ban by modath(f): 7:07am On Feb 10, 2017
solid3:


Let's get to Supreme Court first.

& you expect anything different from the SC?

He knew from the beginning it wouldn't standn hence he didn't tip the apple cart by adding the countries that are terrorists haven that he has biz interests in... He doesn't want to strain relations with his biz connects for no reason...

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Re: US Appeals Court Rules Against Trump On Travel Ban by TheNonce: 7:11am On Feb 10, 2017
What the Donald might not get through the courts, the c.i.a would definitely get through the streets! Muslims don cast finish for Yankee! Stay away or _fuck off to dubai! Simple.... wink

8 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by mcnewz814: 7:13am On Feb 10, 2017
we buy iTunes card Alexjoe814@gmail.com/08108387608
Re: US Appeals Court Rules Against Trump On Travel Ban by darknetcom: 7:18am On Feb 10, 2017
ipob...how market??...

why do igbos always like to be deceived..??..

it realy baffles me... undecided

8 Likes 1 Share

Re: US Appeals Court Rules Against Trump On Travel Ban by ojimbo(m): 7:22am On Feb 10, 2017
Let me make it clear to everyone. When some group of people are misguided, bear it in mind that not everyone is myopic.
The reason why the igbos were very happy about trumps victory was that they misinterpreted his statement when he was urging the UK to exit the European Union. Which he said that every nation has right of self independence.
The statement was misinterpreted by some of Igbos that Trump has promised them that he will help them to get Biafra if his wins. Which was a lie.
As an igbo man and who have always want the betterment of Southern Nigeria including the Yorubas. Whom I know I can call my neighbours irrespective of our differences in Politics. I was strongly against Igbos jubilation because of Donald trumps victory. Most of them have not even heard one speech from Donald trump and what made them fall in love with him is beyond my Imagination. As someone who have followed international politics and have been following Donald trump. I want to let all igbos to know that Donald Trump is a die hard Racist. He don't give a fook if Africa as a continent wiped off from the surface of earth.
This man is evil and for whosoever that is supporting this man. This is not the kind of man we need at this time. He is Evil and a lair

10 Likes 1 Share

Re: US Appeals Court Rules Against Trump On Travel Ban by TonyeBarcanista(m): 7:25am On Feb 10, 2017
Trump will come to reality

2 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by modath(f): 7:27am On Feb 10, 2017
TheNonce:


What the Donald might not get through the courts, the c.i.a would definitely get through the streets! Muslims don cast finish for Yankee! Stay away or _fuck off to dubai! Simple.... wink


CIA? You guys know so little and won't ask to be enlightened.. smiley

Anyway, I will do you this undeserved favour because Christ didn't teach us to Hate like you guys have made an art form.... CIA/FBI/Homeland security aren't happy with Trump because he has made their jobs harder to do...

When citizens of a country are banned , their moles are too, so it is inimical to America's peace & security... The saying, Keep your enemies close....... Go read up & Thank me later.. smiley

16 Likes 1 Share

Re: US Appeals Court Rules Against Trump On Travel Ban by BUHARImyDOG: 7:29am On Feb 10, 2017
Igbos are doing well anywhere they find their self for instance in lagos ,they live in better house ,ride better cars ,do better jobs ,I haven't seen an hausa banker before,many banks are filled with igbos in lagos,even d so called yorubas work under igbos in lagos ,go to lagos island many yorubas are living under d bridge.









am not a tribalist OK

2 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by Noneroone(m): 7:31am On Feb 10, 2017
Those already laughing should know that the case has not begun. Even if Trump loses his appeal at the supreme court, it is just an interlocutory appeal. The case will still go back to the seatle judge to determine the substansive issues. The petitioners have less chances than trump. The seatle judge could still throw out the petition and vacate the injunction, as a Brooklyn Judge did last week. The supreme court can also upturn it or at worst, Trump may over write the order.

BTW this whole thing is strange b'cos the law empowering the president on this is clear and broad.

It says that “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary,suspend the entry of all aliens or any class of aliens as immigrants or non immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate”


from the above quoted law, asking the president to provide evidence of security threats that warrants the executive order in court amounts to the judiciary forming national security policy and judgement with the president, which is not allowed.

6 Likes

Re: US Appeals Court Rules Against Trump On Travel Ban by solid3(m): 7:39am On Feb 10, 2017
evy1:

Am sure he won't head to the supreme court so fast, he might have to wait for his supreme Court nominee to be confirm which might probably give the conservative the upper hand in the Supreme Court.

more like what it really is.

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