Why didn't POTUS's travel ban pass judicial scrutiny?

2017-02-09T22:49:54-05:00

Trump did not send a Repubican Pit Bull type, U. S. Attorney to argue the case. Someone relied on the zeal of a U.S. Attorney left over from the Obama administration!

Response by SFC George Smith made Feb 9 at 2017 10:52 PM

2017-02-09T22:52:34-05:00

Because they were not read for the rapid response the Liberals produced... Bet that will not happen again....

Response by SGT Richard H. made Feb 9 at 2017 11:07 PM

2017-02-09T23:07:19-05:00

They didn't want to mess with Starbucks recruiting program?

Response by MAJ Bryan Zeski made Feb 9 at 2017 11:18 PM

2017-02-09T23:18:52-05:00

Or because the court thought their case was weak - based on law and precedent.

Response by Capt Gregory Prickett made Feb 9 at 2017 11:34 PM

2017-02-09T23:34:25-05:00

It wouldn't have mattered who argued it. The government was going to lose based on the law.

And the idea that the President's decisions can't be reviewed? ROTFL, yeah, right.

Response by PO2 Robert Aitchison made Feb 10 at 2017 12:36 AM

2017-02-10T00:36:14-05:00

Because it wasn't written or reviewed by people with a good understanding of the law.

Response by MCPO Roger Collins made Feb 10 at 2017 8:01 AM

2017-02-10T08:01:26-05:00

It wouldn't have mattered who was seat to represent the administration. The 9th District Court is infested with liberals that are the most overturned in the nation. Their minds were made up on this appeal before the hearing, as evidenced by their biased questions. That being said, this one will be carried due to the 4:4 split at the SCOTUS and the lower court ruling stands. This was a major strategic error by Trump, that is not making the replacement of Scalia job 1. This appointment is the most critical of any decision. But, Republicans choices don't always go as planned, Democrats have the edge getting ideologues that do not change.

Response by MCPO Roger Collins made Feb 10 at 2017 8:29 AM

2017-02-10T08:29:29-05:00

http://www.ushistory.org/gov/9e.asp

The Power of the Federal Courts [ushistory.org]

The Power of the Federal Courts

Response by SPC Casey Ashfield made Feb 10 at 2017 11:15 AM

2017-02-10T11:15:56-05:00

It is the 9th Circuit based out of Seattle of all places. Read any decision they have delivered about something like gun control and you will understand why they voted the way they did. Judges of appellate and the Supreme Court are not supposed to vote along party lines. I don't think I have nor will ever see that in my lifetime.

Response by SFC David Davenport made Feb 10 at 2017 3:22 PM

2017-02-10T15:22:22-05:00

When they wrote the order they created some ambiguity as in how it would be applied to U.S. citizens from the countries under the ban along with permanent legal residents from those countries. The easiest and likely fastest path forward is to rewrite the order and issue a new order. That would avoid going back through the courts and remove the strongest legal argument against the order. Given the resources and manpower available this could be accomplished in days.