Executive orders banning entry to US ... [merged threads]
#406
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Have we abandoned any pretense of "rule of law" versus the politics of the situation? That's outrageous.
From reading the subsequent reporting tonight, though, it sounds like a lot more judges were grilling the government attorney than Jadwat. It was easy to forget how many judges were in the room without a video feed.
Last edited by lonelycrowd; May 8, 2017 at 6:11 pm Reason: Typo
#407
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#408
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EO 1.0 would've been unconstitutional no matter who enacted it. It would be easy pickings even for someone fresh out of law school. It violated no less than a dozen SCOTUS cases.
To defeat EO 2.0 requires more skill. The ACLU successfully struck down EO 2.0 on the district level by stringing together two judicial precedents: 1) Lemon test and 2) McCreary County vs ACLU (2006).
Lemon test basically requires that the government prove secular purpose in any action that it takes to abide by the establishment clause. McCreary, while unrelated, allows the judiciary to take into account evidence beyond the plain text of the matter at hand. That would include social media, public speeches, etc...
So what the ACLU did was take Trump's campaign rhetoric and tweets into the equation. They made a good case that the words "Muslim ban" means this ban does not fulfill the secular purpose requirement. Hence EO 2.0 was struck down.
This time around, the DOJ lawyer asked whether the ban would be constitutional under a Clinton presidency. Since much of the ACLU's argument hinged on this "secular intent" argument, and said argument relied upon an examination of Trump's intent, I'm guessing the ACLU lawyer didn't expect this curveball. Of course, a better attorney would've deflected.
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Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on.
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Intent -- repeatedly stated intent at that -- matters. That is why EO 2.0 may be judged differently depending upon who pushed it forward and why it was pushed forward. The ACLU lawyer's assessment on that part wasn't flawed; the ACLU lawyer's credibility matters if wanting to win this case and others; and responding as he did to the question about whether or not the concerns about the EO would be different if there were a different US President is not entirely a bad idea.
Last edited by essxjay; Jun 15, 2017 at 1:26 pm Reason: unnecessary wholesale quote
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Exactly, and Hillary Clinton has shown n such intent.
Last edited by essxjay; Jun 15, 2017 at 1:26 pm Reason: unnecessary wholesale quote
#412
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I've now seen the full email and it also requested the 15 years of travel, work, and residence...
Perhaps this is wishful thinking, but could there be some sort of "forms clearance" process going on through which there would be a formal channel for public comment? I'd imagine a paperwork reduction act comment period on this would be record-setting for Regulations.gov...
Perhaps this is wishful thinking, but could there be some sort of "forms clearance" process going on through which there would be a formal channel for public comment? I'd imagine a paperwork reduction act comment period on this would be record-setting for Regulations.gov...
The register notice is extremely vague and doesn't tell us whether individuals currently in administrative processing may be subject to this - all we get is an estimate of 65,000 respondents. Regardless of whether my brother-in-law ends up being hit by this, I have so many problems with the vagueness of some of the questions as presented (define "travel," "social media," "source of funds," ect...) and the vast logistical difficulties in tracking down some of this information from 15 years ago that I don't know where to start. Maybe they can legitimately estimate that it will only take an hour to write this information out on paper, but I imagine the background research is likely to be a heck of a lot more than one hour for anyone with a significant amount of business travel now that they're broadening the focus to include domestic trips.
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The role of NYC's former mayor (RG, not the others)in this ban is up for discussion in federal court in Michigan:
https://us.yahoo.com/news/judge-orde...095002002.html
A federal judge has ordered the Trump administration to hand over a memo drafted with guidance from former New York Mayor Rudy Giuliani outlining a proposed new travel ban designed to be more “palatable” to the public as well as legally sound.
The latest draft is designed so that it does not obviously target Muslims, in the way that the first controversial ban – ruled unlawful by several judges – was considered to do.
.....
He was reportedly instructed during the campaign to form a commission tasked with drawing up a “Muslim ban” that appeared legally sound, according to papers filed in court by the Arab American Civil Rights League. The commission recommended that nationality “be used as a proxy for religion” according to the filing in Detroit by the group.
The latest draft is designed so that it does not obviously target Muslims, in the way that the first controversial ban – ruled unlawful by several judges – was considered to do.
.....
He was reportedly instructed during the campaign to form a commission tasked with drawing up a “Muslim ban” that appeared legally sound, according to papers filed in court by the Arab American Civil Rights League. The commission recommended that nationality “be used as a proxy for religion” according to the filing in Detroit by the group.
Last edited by GUWonder; May 13, 2017 at 9:52 am
#415
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US AG Sessions has gone on the record today as saying he is taking this to SCOTUS.
http://www.cbsnews.com/news/federal-...ps-travel-ban/
It will be interesting to see which SCOTUS Justices vote and how.
http://www.cbsnews.com/news/federal-...ps-travel-ban/
It will be interesting to see which SCOTUS Justices vote and how.
Last edited by essxjay; Jun 15, 2017 at 1:26 pm Reason: unnecessary wholesale quote
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Wasn't the ban supposed to be temporary for 90 days while they work out "extreme vetting"? Those 90 days are up (at least counting from the original ban), so I assume they finished their vetting "redesign" and are ready to apply it?
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That claim about being temporary and designing "extreme vetting" seems to have been an excuse to do what they claimed (for over several months) that they wanted to do: block the "undesirable" populations. And the part of the EO that hasn't been completely blocked has shown the intention was to materially slow or stop "undesirable" immigration/migration rather than to work out "extreme vetting" in the 90 days (which was but a fake out too). The refugee resettlement numbers and resource allocation this year speak to that too.
Last edited by essxjay; Jun 15, 2017 at 1:26 pm Reason: unnecessary wholesale quote
#419
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Even that implemented with a sunset provision often ends up not sun-setting when the sunset provision is right on the horizon. Rather it just creates time for the provision to become so tolerated/relied upon as to more easily enable it to be made permanent in some way or another. And once the machinery of government gets used to operating in one way, it's slow to change gears so as to do things entirely differently from the grinding/disruptive way it wanted and instituted. This is the way of DHS -- CBP, TSA or otherwise -- even as it's not entirely unique to just this part of our government.
Last edited by essxjay; Jun 15, 2017 at 1:27 pm Reason: unnecessary wholesale quote
#420
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I'm hearing reports this week from the final wave of diversity visa interviews for the 2016 lottery cycle (shared in a Farsi-language Telegram group and translated by my wife) that conoffs at posts that issue visas to Iranians (at least Abu Dhabi and Ankara) are telling all applicants as they come to their interviews to try to reach US soil and establish residency immediately due to the risk of a sudden overruling of the preliminary injunction on EO 13780.
My personal read of 13780 was that all visas granted during an injunction period should in theory remain valid even if the injunction is withdrawn or the order itself is found valid in court, though I suspect that they are probably right to give such advice given the unpredictability with which CBP has been acting in recent months. I would hope that we would have at least a week or two of warning that a Supreme Court ruling may be imminent seeing as the courts have thus far not bought into the Administration's argument that there is an truly time-sensitive national security imperative to enact the "ban," but I could be wrong.
My personal read of 13780 was that all visas granted during an injunction period should in theory remain valid even if the injunction is withdrawn or the order itself is found valid in court, though I suspect that they are probably right to give such advice given the unpredictability with which CBP has been acting in recent months. I would hope that we would have at least a week or two of warning that a Supreme Court ruling may be imminent seeing as the courts have thus far not bought into the Administration's argument that there is an truly time-sensitive national security imperative to enact the "ban," but I could be wrong.