The Washington Post editorial board explained why Trump’s travel ban lost in court. If he takes it to the Supreme Court, he will lose there too because his Justice Department argued that his executive order is “unreviewable.” The courts don’t agree.
Trump’s response to losing:: SEE YOU IN CIURT!
A strange response to make to the courts.
Did he ever take a civics class?
Diane Ravitch's blog 
Actually, it is well known that almost 90% of the 9th circuits rulings are overturned by the supreme court because they are functioning as activist judges trying to make law not interpret it
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Assuming you are correct, and not just asserting alternative facts, about the percentage of 9th circuit rulings overturned, isn’t it the case that when the Supreme Court overturns the 9th circuit it is most often the case that the conservatives on that court, like Alito, Thomas, and Roberts, are functioning as activist judges making law instead of adhering to established precedents?
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Quote: In short, social media claims that 80 percent of cases decided by the Ninth Circuit were overturned were flat out false; more than 99 percent of that circuit’s decisions stood and the Supreme Court reviewed a scant 0.106 percent of circuit court cases each year. Although figures from 2010 maintained the “Ninth Circuit [had] the second highest reversal rate at 80 [percent],” the “highest” was the Federal Circuit court’s median of 83 percent. However, left out of both the rumors and the blog post was the fact that the average rate of accepted cases ruled upon differently by the Supreme Court than a lower circuit court was over 68 percent across all courts. So of less than one percent of all cases reviewed by the Supreme Court, 68 percent of decisions across all circuits were overturned. Eighty percent of decisions by the Ninth Circuit were overturned when escalated to the Supreme Court, but the numbers were misleading taken out of context. End quote.
http://fraudalert.co.za/does-the-supreme-court-overturn-80-percent-of-ninth-circuit-court-decisions/
Pam is peddling baloney.
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Thanks Joe! I discovered that yesterday on another blog post.
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It is the process in action. Interestingly enough, the 9th did not declare it unconstitutional. They spent 28 pages – and no where was it declared against the constitution. Sloppy – yes. Vague – too. Problematic- indeed. Unconstitutional – no.
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Rudy,
It will not stand.
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But not because of constitutional issues. If that was indeed the issue, the judges wasted a lot of paper.
I think that there is a problem with the judicial system, when the ninth judicial court is referred to as “liberal.” Those words should never be used in the same sentence (nor should “conservative.)” We expect a court to be impartial, non-political.
The home page of SCOTUS says, “”EQUAL JUSTICE UNDER LAW”-These words, written above the main entrance to the Supreme Court Building, express the ultimate responsibility of the Supreme Court of the United States. The Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution…”
How can there be “equal justice” when courts are labeled conservative or liberal? Inherent in those terms are a lack of equality!
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Rudy,
Trump and Bannon tried to impose a religious ban on seven countries that have not been responsible for a single terror attack in this country. They were wrong. No federal judge will agree that whatever the president does is unreviewable. Leaving aside the apparent ignorance of the Constitution evidenced by Trump and Bannon, who prefer autocracy. This is America, not Russia.
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I did not know you had a law degree. If the ninth did not call it call the Order unconstitutional, than that’s the end of that argument.
Whether or not any actions have taken place by anyone from the seven countries listed in the Orde does not mean such an Order is not necessary. The seven countries listed are the largest exporters of terrorists, however.
Would this Orde have an impact? Not really. Does it make sense? No. But it exists, is not unconstitutional, is not worth the paper written on.
Is it worth all the violence during the protests? Definitely not. We are back at the idiocy of violence against people who did not have anything to do with the Order.
The legal process did its job. Lets all go back to working on PEACEFUL ways to eliminate his power.
As republican as I am, I can’t wait for the next election cycle and the irreparable damage done to us – with only ourselves to blame.
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Rudy, the label conservative and liberal has more to do with the way judges interpret the Constitution than with political philosophy although I would guess they follow each other fairly closely. Some judges believe it should be viewed as a living document and interpreted in light of current thinking. Other generally more conservative judges believe that it should be interpreted rigidly as close to the way the Founders intended as possible. Any changes should come through the amendment process. The fact that decisions are supposed to be based on the law and not political persuasion has led to some surprises in the past when a judge suspected to be reliably in one camp has ruled in a way contrary to expectation.
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Since most of my life has involved interpretation and translation of documents, I understand the “originalists” approach very well.
I understand interpretation and original context.
I would disagree with the idea that the constitution is a “living” document that can be construed to interpreted in total contradictory ways.
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So, Rudy, should we take the vote away from everyone but property-owning white males? That’s in the original Constitution.
And should blacks be counted as 3/5 of a person? That’s original too.
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Trump was in my government class. He sat in the back and drew crude pictures on the cover of his notebook. I apologize for my failure to teach him anything.
Pam’s “it is well know that…” ranks with the “It’s just common sense that….” that Bob Jones talks about, where people introduce a statement that way and go on to say that only people in their tiny fringe group think. It makes them feel good.
BTW, today at the biggest book sale in the country I found a copy of The Wise Men, a book I got only half way through about 20 years ago. It is about the six figures (Acheson, Harriman, Kennen, etc) who, along with Roosevelt, Truman, and the type of Republican we see no longer, built the post-war international structure Trump is now busy tearing down with his buddy Putin.
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According to Politifact, the Supreme Court overturns about 80% of the cases it gets from the 9th circuit. Others circuits have higher rates. That being said, the Supreme Court hears a tiny fraction of cases from the Circuit Courts, so the average rate of reversal is 70%.
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Forgot the link: http://www.politifact.com/punditfact/statements/2017/feb/10/sean-hannity/no-9th-circuit-isnt-most-overturned-court-country-/
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Of course, if SCOTUS does decide to accept this, the result will be split, which means the order to stay the ban will remain the result.
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No, Rudy, the Supreme Court is likely to rule 8-0 against Trump. He is asking to declare the third branch of government impotent.
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If Trump and the executive branch take this to the Supreme Court, they will win. The Constitution clearly states that the POTUS makes final decisions and determinations on National Security, which has also been backed up and supported by the Congress. Secondly, I do not believe that the Supreme Court, whatever their political leaning, will ever want the lower courts to have the power to allow the use of a District Court or Circuit Court their interpretation of all future POTUS decisions. That would set a terrible precedent, for the Constitution clearly states the POTUS can and the Supreme Court, through that same Constitution, cannot make decisions based upon directly interpreting said Constitution, otherwise, hypothetically, they could, in the future, decide that an Amendment would be bad after it had been passed by 38 states. This is a political act, not a judicial act and, likely, will get overturned just like almost 90% of the 9th Circuits prior decisions have been.
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I remember that Andrew Jackson defied the Supreme Court driving the Indians onto western reservations (Trail of Tears) and his picture is on the 20 dollar bill. FDR tried to pack the Supreme Court. From time to time the Courts are tested. Looks like Trump is going to reword his action. Too bad the DEMS stole the election from Bernie.
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Joseph
The only election that was stolen was by Comey and Putin
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The files at the DNC were “leaked” by a disgruntled Bernie supporter,
not hacked, according to Mr Binney, a NSA whistle blower, who was an expert in the field, blaming the Russians is a canard to keep the drum beat against Trump ending the cold war, just as JFK tried to do. This would bring much needed war expenditures back to education.
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Joseph, so now you are saying the CIA, the FBI, and 15 other intelligence agencies lied?
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If the documents were indeed leaked, the agencies did not lie. It was people who misquoted the agencies’ conclusions who became the liars.
The agency conclusion was “highly likely.” Too many people ran with that and changed that to, “they proved…”
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In discussions with intelligence officers on MSNBC (not Fox, I’m sure), the term of art, “highly likely”, is the same as “it happened, you can take it to the bank”.
But nothing is going to change the minds of those who hope this country goes in the Bannon direction, back to the good old days. Note the previous post here re the Mother Jones article.
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I will add this to my carping: I thought Hillary would have been great, you thought Bernie would have been great. OK. Can we figure out how to win an election in a country that is a little socialist but not Socialist? We are facing a lot of very disaffected people who voted for a demagogue. We need to win and then govern. Can we find a candidate we can both agree on?
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In regards to, did the court overreach itself in the decision? I thought the decision was well justified in the Conclusion, “The work of the court is not to create policy or judge the wisdom of any particular policy…” but to ensure “actions taken by the other two branches comport with our country’s laws…and our Constitution.”
I think here the courts are fulfilling “its constitutional role in a tripart government and that is indeed a vital function of our system.
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Diane
I still remember the “slam dunk” that brought us into Iraq.
The 15 agencies that you mention did not produce reports,
they just happen to be the agencies under the large national Intelligence agency.
though, It did make a good sound bite for Hillary.
After Iraq, It is hard to be sure of anything, except that Russia will
always be our eternal enemy.
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Joseph,
You will soon be the last person in America who doesn’t see a connection between Putin and Trump.
Don’t believe our intelligence agencies. Believe the Liar-in-Chief.
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