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Eugene

(61,874 posts)
Mon Feb 27, 2017, 08:37 PM Feb 2017

Appeals court won't put Trump's travel ban case on hold

Source: Associated Press

SEATTLE (AP) — A federal appeals court on Monday denied a request from the U.S. Justice Department to put President Donald Trump's travel ban case on hold until he issues a new executive order.

A three-judge panel of the 9th U.S. Circuit Court of Appeals did not give an explanation for its ruling but said it would extend until next week the deadline for the government's opening brief in its appeal.

A lower court temporarily blocked Trump's order that banned travelers from seven predominantly Muslim countries and paused the U.S. refugee program after Washington state and Minnesota sued to stop it.

Trump tweeted "SEE YOU IN COURT" after the 9th Circuit refused to reinstate the ban, but he also has said repeatedly that his administration is working on a new travel ban that addresses some of the constitutional concerns that critics have raised.

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Read more: http://bigstory.ap.org/article/ef48834207a54c5f8dfaa19f4ac4b5f2/appeals-court-wont-put-trumps-travel-ban-case-hold



By MARTHA BELLISLE
Feb. 27, 2017 5:57 PM EST
13 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Honeycombe8

(37,648 posts)
1. So, it's like "do-over! do-over!" "How about THIS one?" or "This one?" or maybe "This one?"
Mon Feb 27, 2017, 08:46 PM
Feb 2017

When you issue something, seems to me if there's a lawsuit over it, and a decision handed down, you don't ask the court to take it all back so you can do a do-over and see if that one flies. The new one will be a totally new EO, and there may be other issues with it.

Lesson: Be careful when you pass laws, to do it carefully the first time. Ask the legal counsel. Ask Homeland Security. Get advice! Something that wasn't done the first time, since, as Williams said, "we will NOT be questioned!" Yeah, you will be questioned, and stopped, if necessary. This isn't Russia.

riversedge

(70,197 posts)
13. Perhaps what Trump said about health care "reform" applies to immigration ALSO--how incredibly
Tue Feb 28, 2017, 06:26 AM
Feb 2017

complex the issue --that no one knew how complex it was to do!!

Pachamama

(16,887 posts)
5. Nope - they are the defendant....Plaintiff was the State of WA taking on Trump Administration
Mon Feb 27, 2017, 09:29 PM
Feb 2017

And he did say he wants to see them in Court....

Athought

(10 posts)
9. Travel ban in original form violates federal USDA Snap rules
Mon Feb 27, 2017, 10:10 PM
Feb 2017

If I am not mistaken the initial travel ban totally rescinded the green card/ lpr status of all green card holders and thus it.all began.

I think that I read that the Washington State judges said that the original EO could not simply be amended by a "whitehouse spokesperson " who later retracted the rescension of the green card ban.

The courts don't acknowledge a white house spokesperson's statements as overriding the originalEO as written.

Secondly, the courts stated that Washington State must prove that the ban caused or would cause harm to their specific state.


Now..... Here is the specific cause for All 50 states: the rescinding of green cards as written by the OriginalEO prior to the Whitehouse's spkesperson's retraction was in direct violation of another federal agency's rules for all 50 states: namely th USDA SNAP rules which has upwards of 20 categories for technically eligible categories of lpr's who have been here for 5 years, Asylees , refugees, etc. it is a very specialized USDA eligible alien USDA policy.

In other words all 50 states were in direct violation of issuing Snap to those categorically eligible Snap recipients who were on the eligibility rolls at the time of the ban's issuance and withdrawal of green card status.


The states were not given due direction of procedures of eligibility of how to process this change and were in direct violation of snap federal USDA rules because of the EO which rescinded green card and other refugee eligibility.

States are held accountable for proper issuance of snap and any improper issuance is tallied.

:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

This has not been mentioned in regard to how the EO harmed Washington and all states as it put the states in jeopardy of violating U s d a snap rules.


If you want to see snap USDA eligible alien rules for states, then type that into google! There are about 25 or so categories.

It will take a lot of legal work to undothose rules and many of the recipients are given eligibility status by federal homeland security.




I hope someone can contact the Attys for Washington and have them add this to their list of harm done to their state (and all states) as it puts the states in direct violation of snap USDA policy manual rules .


I have not heard the Wasington Stare attorneys mention this.



P
If anyone feels the desire to let these attorneys know this, then please do so.

I wish to be anonymous.

uppityperson

(115,677 posts)
10. The parts I recall from reading what the court put out were
Mon Feb 27, 2017, 11:12 PM
Feb 2017

-A spokesman for the WH could not countermand Press's EO by a statement
-Right of judicial branch to oversee an EO must remain
-Colleges and some tech(?) industry suffer harm from this ban

Athought

(10 posts)
11. Glad for justice system that is working
Mon Feb 27, 2017, 11:56 PM
Feb 2017

I hope Washington State ultimately proves broadly that it is a religious ban because that will be the ultimate way to stop it , that along with the hurting colleges and tech industries.




murielm99

(30,736 posts)
12. Trump and co. are not ready.
Tue Feb 28, 2017, 02:51 AM
Feb 2017

They won't be ready for court next week, either. They are a disorganized mess.

They won't have anything to replace the old executive order, either. They don't know how to govern or how to write coherent orders.

We will have to keep blocking them at every turn. It will be tedious and time-consuming, but they will be able to do less harm that way.

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