Zippyjuan
02-16-2017, 06:26 PM
https://www.nytimes.com/2017/02/16/us/politics/travel-ban-muslim-ninth-circuit.html?ribbon-ad-idx=5&rref=politics&module=Ribbon&version=context®ion=Header&action=click&contentCollection=Politics&pgtype=article
SO much for taking it all the way to the Supreme Court.
WASHINGTON — The Justice Department told a federal appeals court on Thursday that it would not seek a rehearing of a decision that shut down President Trump’s targeted travel ban. Instead, the administration will start from scratch, issuing a new executive order, the department said.
Last Thursday, a unanimous three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, blocked the key parts of the original executive order, which suspended the nation’s refugee program as well as travel from seven predominantly Muslim countries. The panel said the original ban was unlikely to survive constitutional scrutiny.
The Justice Department said that the panel’s decision was riddled with errors but that the flaws it noted would be addressed in the new executive order.
“Rather than continuing this litigation,” the Justice Department’s brief said, “the president intends in the near future to rescind the order and replace it with a new, substantially revised executive order to eliminate what the panel erroneously thought were constitutional concerns.”
“In so doing,” the brief said, “the president will clear the way for immediately protecting the country rather than pursuing further, potentially time-consuming litigation.”
In a news conference on Thursday, Mr. Trump said the new executive order would be issued next week.
In its brief, the Justice Department urged the appeals court to await the new order and then vacate last Thursday’s decision.
It is not clear that the issuance of a new and narrower executive order will make the case before the Ninth Circuit moot or that the court will agree to vacate the decision even if it did.
The Supreme Court has said the “voluntary cessation” of a government action does not usually make a case moot if the government remains free to resume the conduct after the case is dismissed.
In calling for a legal do-over, the Justice Department avoided a Supreme Court test of the original executive order. A 4-to-4 tie on the short-handed Supreme Court would have left the panel’s decision in place.
Mr. Trump’s travel ban, issued Jan. 27, caused confusion and protests at airports nationwide and was immediately challenged in court. Many federal judges blocked aspects of the order.
In his press conference today, he said the rollout of his immigration Executive Order was smooth. It was anything but.
http://nj1015.com/trump-bashes-news-media-will-introduce-new-travel-ban-order/
Trump disagrees with Christie: Says travel ban roll out was ‘very smooth’
WASHINGTON — Donald Trump mounted an aggressive defense of his young presidency Thursday, lambasting reports that his campaign advisers had inappropriate contact with Russian officials and vowing to crack down on the leaking of classified information.
Nearly a month into his presidency, Trump insisted in a free-wheeling White House news conference that his new administration had made “significant progress” and took credit for an optimistic business climate and a rising stock market.
Trump also says his administration will release a new executive order on immigration next week to — in his words — “comprehensively protect our country.”
Trump’s original order restricted immigration from seven Muslim-majority countries. It led to massive protests and was put on hold by a federal appeals court.
Trump says the rollout of that order was “very smooth” and “perfect” but that it ran into “a bad court.” He says he wanted to delay the effective date of the order for a month or so, but that he was advised by Homeland Security Secretary John Kelly not to do that because it would give people with bad intent time to flow into the country.
Trump says the new order is being tailored to satisfy the ruling from the San Francisco appeals court.
He did not reveal any specifics of the new order, but says it will be issued next week.
The president denounced media reports of a chaotic start to his administration marked by his contentious executive order — rejected by a federal appeals court — to place a ban on travelers from seven predominantly Muslim nations. Trump said he would announce a “new and very comprehensive order to protect our people” next week.
Trump said of the actions he has taken may not be popular but they are for the good of the country’s security.
Gov. Chris Christie has appeared on several national television shows in recent weeks and has criticized some of the advice Trump has gotten in regards to the implementation of a temporary ban on travel from seven Muslim majority countries.
“It’s frustrating to watch my friend ill-served especially when these are unforced errors that didn’t need to happen and were avoidable,” Christie said on Monday’s Ask the Governor. “I expect he’s a very good executive that he’ll get his arms around it and he’ll make the decisions he needs to make to make sure that unforced errors don’t occur in the future.”
SO much for taking it all the way to the Supreme Court.
WASHINGTON — The Justice Department told a federal appeals court on Thursday that it would not seek a rehearing of a decision that shut down President Trump’s targeted travel ban. Instead, the administration will start from scratch, issuing a new executive order, the department said.
Last Thursday, a unanimous three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, blocked the key parts of the original executive order, which suspended the nation’s refugee program as well as travel from seven predominantly Muslim countries. The panel said the original ban was unlikely to survive constitutional scrutiny.
The Justice Department said that the panel’s decision was riddled with errors but that the flaws it noted would be addressed in the new executive order.
“Rather than continuing this litigation,” the Justice Department’s brief said, “the president intends in the near future to rescind the order and replace it with a new, substantially revised executive order to eliminate what the panel erroneously thought were constitutional concerns.”
“In so doing,” the brief said, “the president will clear the way for immediately protecting the country rather than pursuing further, potentially time-consuming litigation.”
In a news conference on Thursday, Mr. Trump said the new executive order would be issued next week.
In its brief, the Justice Department urged the appeals court to await the new order and then vacate last Thursday’s decision.
It is not clear that the issuance of a new and narrower executive order will make the case before the Ninth Circuit moot or that the court will agree to vacate the decision even if it did.
The Supreme Court has said the “voluntary cessation” of a government action does not usually make a case moot if the government remains free to resume the conduct after the case is dismissed.
In calling for a legal do-over, the Justice Department avoided a Supreme Court test of the original executive order. A 4-to-4 tie on the short-handed Supreme Court would have left the panel’s decision in place.
Mr. Trump’s travel ban, issued Jan. 27, caused confusion and protests at airports nationwide and was immediately challenged in court. Many federal judges blocked aspects of the order.
In his press conference today, he said the rollout of his immigration Executive Order was smooth. It was anything but.
http://nj1015.com/trump-bashes-news-media-will-introduce-new-travel-ban-order/
Trump disagrees with Christie: Says travel ban roll out was ‘very smooth’
WASHINGTON — Donald Trump mounted an aggressive defense of his young presidency Thursday, lambasting reports that his campaign advisers had inappropriate contact with Russian officials and vowing to crack down on the leaking of classified information.
Nearly a month into his presidency, Trump insisted in a free-wheeling White House news conference that his new administration had made “significant progress” and took credit for an optimistic business climate and a rising stock market.
Trump also says his administration will release a new executive order on immigration next week to — in his words — “comprehensively protect our country.”
Trump’s original order restricted immigration from seven Muslim-majority countries. It led to massive protests and was put on hold by a federal appeals court.
Trump says the rollout of that order was “very smooth” and “perfect” but that it ran into “a bad court.” He says he wanted to delay the effective date of the order for a month or so, but that he was advised by Homeland Security Secretary John Kelly not to do that because it would give people with bad intent time to flow into the country.
Trump says the new order is being tailored to satisfy the ruling from the San Francisco appeals court.
He did not reveal any specifics of the new order, but says it will be issued next week.
The president denounced media reports of a chaotic start to his administration marked by his contentious executive order — rejected by a federal appeals court — to place a ban on travelers from seven predominantly Muslim nations. Trump said he would announce a “new and very comprehensive order to protect our people” next week.
Trump said of the actions he has taken may not be popular but they are for the good of the country’s security.
Gov. Chris Christie has appeared on several national television shows in recent weeks and has criticized some of the advice Trump has gotten in regards to the implementation of a temporary ban on travel from seven Muslim majority countries.
“It’s frustrating to watch my friend ill-served especially when these are unforced errors that didn’t need to happen and were avoidable,” Christie said on Monday’s Ask the Governor. “I expect he’s a very good executive that he’ll get his arms around it and he’ll make the decisions he needs to make to make sure that unforced errors don’t occur in the future.”