Don2 (Don1 Revised)
Contributor
It would appear James is taking "any ties" out of context. We all know what is meant. Nor was "any ties" meant even to be part of a court order. That would be immensely silly. See post#317.
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I mildly object to the phrase "Trump can fix it." First, the design of the EO was wrong and therefore it was wrong by design and the design was intentional. Second, it's a thing that was implemented against many people already. One can neither go back in time to undo the damage to the people it harmed nor can one call the EO the same "it" when a new EO is made that is drastically different in scope.
A rewritten EO does not have to be "drastically rewritten" to adhere to the specific remarks in the decision by the 9th Circuit. Although, a rewritten EO may be susceptible to other legal challenges.
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I wrote "drastically different in scope," not "drastically rewritten." ETA: I also wrote the EO is wrong by design. So, he's not really fixing "it" if it can even be written which I am not so sure it can be. He might very well have to write a NEW executive order with a different design, i.e., one with a design to be consitutional.
It would appear James is taking "any ties" out of context. We all know what is meant.
Appearances can be and are deceiving. I didn't take the phrase "any ties" out of context.
Yeah, you did.
James Madison said:I wrote "drastically different in scope," not "drastically rewritten."
Regardless, the EO can be rewritten in such a manner as to not constitute as "drastically" different in scope while adhering to the 9th's decision.
A new order can be written that is consistent with the Constitution or amendments can be made to the current EO that make the EO more consistent with the Constitution. The DESIGN of the order has to be changed. The design had a drastic scope problem.
...as I pointed out on Feb 1st.
ETA: Let's review what I recently wrote which was something like "I mildly object to the words "Trump can fix it'." It's mostly the words fix and it. What exactly does "it"--his Muslim ban intentions--his wanting to ban foreign persons from 5 Muslim-majority countries? He did indeed want to ban people even with visas etc. What does it mean to "fix" something? Typically, the design and intent are not what is being fixed, it's that there was something unintended in the implementation, like a bug. I mean, imagine there was a pharmaceutical company that made a depression drug called ProLoftiPro and they specifically designed it to not only treat depression but at the same time to give men erections. So somehow it gets released to the public under objection by the public but doctors start prescribing and a million people take the drug, the men getting erections at inopportune times for hours. Taking pieces of the formulation of ProLoftiPro, while removing some pieces and adding others wouldn't really be called "fixing ProLoftiPro," it'd be a new drug with a new design and intent. "Fixing" something would be more like this example: Let's suppose some 5% of the time when we click the vBulletin button called "Save" it doesn't work. It's an UNINTENDED problem not by design. So, vBulletin works on a "bug fix" and solves the issue. I am not going to respond further than this on the issue of semantics because it's not that important, thus my "mild" objection. But I do think it's important to point out that Trump's intentions and design are Unconstitutional.
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