Not going to the Supreme Court, Rump gives up

Jarod

Well-known member
Contributor
The White House announced today that they will no longer defend the travel ban but will be issuing a new one next week.
 
why risk a partisan 4-4 decision when you can just issue a whole new order.......perhaps one that that says all visas will be put on hold, regardless of what nation, religion, or whatever you are a member of......perhaps until after his cabinet is approved and can examine a new vetting program.......
 
The White House announced today that they will no longer defend the travel ban but will be issuing a new one next week.

Seems smart to me. A couple of tweaks and it is lawsuit proof. And we effectively ban muslimes from bad places.

That is a good thing. Kudos to Trump
 
they clarified from the beginning not to ban legal residents and green card holders. Now they will make it super black and white and do what they wanted to do in the first place.
 
they clarified from the beginning not to ban legal residents and green card holders. Now they will make it super black and white and do what they wanted to do in the first place.
Well doesn't that beggar the question "Why didn't they do it right in the first place?"

I know you have psychopathic tendency and you'll view this as a rhetorical question but this isn't some hypothetical exercise. These are very real people who's lives are being turned topsy turvy by what can only honestly be described as incompetency.
 
they clarified from the beginning not to ban legal residents and green card holders. Now they will make it super black and white and do what they wanted to do in the first place.
If they make it super black and white again that this is a ban based on a religious test then that too will fail constitutional scrutiny. For a EO to be legal it has to have a sound legal precedent to be enforced. Otherwise, as in this case, the courts will throw it out. This means that the Executive branch will have to elaborate a specific national security interest for said EO to be legal.

Is that possible? I'm certain it is but it can't be done on an unconstitutional religious test.
 
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they clarified from the beginning not to ban legal residents and green card holders. Now they will make it super black and white and do what they wanted to do in the first place.
yes. it was clarified with a directive-but the 9th chooses to ignore it.

It's obviously not a "Muslim ban"-many more Islamic countries are not effected then are.

At least he won't have to justify WHY/WHAT classified national security reasoning is used.
That's 100% a statutory purview of POTUS -not any court.
 
If they make it super black and white again that this is a ban based on a religious test then that two will fail constitutional scrutiny. For a EO to be legal it has to have a sound legal precedent to be enforced. Otherwise, as in this case, the courts will through it out. This means that the Executive branch will have to elaborate a specific national security interest for said EO to be legal.

Is that possible? I'm certain it is but it can't be done on an unconstitutional religious test.

He will never be able to do what he originally wanted to do. The courts are going to allow that.
 
What's going to stop him?.....

do you think the next order isn't going to stop visas from being issued for 90 days?.....

If he does what he originally wanted to do, ban all Muslims from entering the country, the Supreme Court will stop him
 
If they make it super black and white again that this is a ban based on a religious test then that two will fail constitutional scrutiny. For a EO to be legal it has to have a sound legal precedent to be enforced. Otherwise, as in this case, the courts will through it out. This means that the Executive branch will have to elaborate a specific national security interest for said EO to be legal.

Is that possible? I'm certain it is but it can't be done on an unconstitutional religious test.

Nothing in the Constitution prohibits banning a religion from immigrating.

Nothing.
 
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