Thursday evening, America’s dinner hour was interrupted by an unsavory display of jurist malpractice as the 9th District Court of Appeals once again lived up to its reputation as the Most Incompetent Court in the nation.
The Court ruled 3-0 to DENY the Trump Administration’s pleading to stay the lower Court’s decision to disallow a pause in the admittance of (un)vetted refugees from 7 countries plagued by out-of-control terrorist activity and utterly failed central governments.
Upon a quick review of the rambling, 29-page ruling, Legal Insurrection founder and attorney William Jacobson let loose a withering hot take on Twitter:
When do confirmation hearings start to appoint 9th Circuit panel co-Directors of Homeland Security? https://t.co/1opVnWwfCA
— Legal Insurrection (@LegInsurrection) February 9, 2017
1/ Here's how insane 9th Circuit Order on Trump Immigration EO is: Because Court refused to draw distinction among permanent residents,
— Legal Insurrection (@LegInsurrection) February 10, 2017
2/ lawful visa holders in U.S., visa holders traveling abroad temporarily, and people abroad who never even have applied
— Legal Insurrection (@LegInsurrection) February 10, 2017
3/ some guy sitting on mountain in Yemen who has no connection to U.S. and hasn't even applied for visa yet has U.S. constitutional
— Legal Insurrection (@LegInsurrection) February 10, 2017
4/ due process rights and can be represented in federal court by any state with a public university system because he's a potential student
— Legal Insurrection (@LegInsurrection) February 10, 2017
Jacobson went on to further analyze the Court’s decision:
The Court also confuses whether it has the power to review immigration actions of the President with substituting the court’s judgment as to reasonableness of security measures. The court substituted its own judgment that there was no proof of significant risk – but that’s a judgment the court doesn’t get to second guess, even if it can review executive action to evaluate constitutional claims.
There also are interesting legal issues of “standing” and procedural issues, but the heart of the decision is extending due process rights even to persons abroad.
Incredible. Literally.
Head on over to Legal Insurrection to read Jacobson’s full analysis, plus additional opinions by other legal experts.
Of course, President Trump had a hot take of his own:
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
You will see him in court – and newly-minted Attorney General Jeff Sessions is on. the. case.
Read the full decision here:
9th Circuit Stay Decision – Trump Immigration Executive Order by Legal Insurrection on Scribd
