Trumps Immigration Executive Order

[BmorePat87]

(02-10-2017, 10:15 AM)Belsnickel Wrote: It should be noted that the scope of the ruling from the 9th is extremely narrow. Essentially, the case wasn't about the constitutionality of the ban itself, it was about the restraining order put in place by the district court. the DoJ was trying to argue the EO was not reviewable by the judiciary and that it was necessary for for national security. Their claim of it being not reviewable was seen as unprecedented (and quite frankly, I find that claim to be the most concerning thing to come from the Trump WH so far) and that they did not make a decent case that the restraining order impacted national security to the degree the DoJ was claiming.

The fight over the legality of the order itself is yet to come.

To paraphrase what one legal commentator said "if you tell a judge that the court does not have the right to review something, you can bet that they will review it". 

A boneheaded move but it reflects an administration that is more concerned with appearances than doing what is smart. Cut your losses and redraft the order. You're not going to win a fight where you tell a judge in their court that they do not have the authority to do something.