ACLU Wins - Federal Judge Just Issued A Stay Against Trump's Muslim Ban

[fast]

I wonder how trumps non-antiRussia sentiments are affecting the non-liberal protrump sentiments as it pertains to a positive attitude towards Russia. Probably a Road House saying will encapsulate it: be nice. Be nice. Be nice until it's time to not be nice. (Paraphrased)

So, people (well, the non liberal variety) will play nice until such time it's no longer time to.

 

[James Madison]

Regardless, the EO can be rewritten in such a manner as to not constitute as "drastically" different in scope.

Yes it can. But that cannot hide the stated intent.

Perhaps. While you didn't venture a legal opinion regarding "intent," I do so below.

Assuming there is a "stated intent" and the intent is to "target Muslims" and/or discriminate on the basis of nationality, I'm not sure this is legally fatal based on at least two prior Supreme Court decisions.

If Trump can make a "facially legitimate and bona fide reason," then the intent is rendered irrelevant. There is the existential possibility he can make a "facially legitimate and bona fide reason."

We hold that when the Executive exercises this power negatively on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment interests of those who seek personal communication with the applicant. Kleindienst v Mandel. http://caselaw.findlaw.com/us-supreme-court/408/753.html

Now, the Court can always revisit this decision, affirm or overrule the holding of the case, and/or distinguish the case in an attempt to avoid the holding of the case.

There is also a Supreme Court decision of Shaughnessy v Mezei. http://caselaw.findlaw.com/us-supreme-court/345/206.html

Assuming Trump can rely upon statutory authority as was done in Shaughnessy v Mezei.

 

[Jimmy Higgins]

Which begs the question, why haven't they shifted gears to reverse the stay via SCOTUS.


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[James Madison]

Which begs the question, why haven't they shifted gears to reverse the stay via SCOTUS.


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A federal district judge in Virginia just recently decided the EO violates the Establishment Clause of the 1st Amendment, and issued a preliminary injunction. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/02/13/federal-court-rules-against-trumps-immigration-order-because-it-discriminates-against-muslims/?utm_term=.e2e334bc54ef