No single issue better reflects the politicized UniParty than immigration. In all things related to legal or illegal entry into the United States the Democrats and big government Republicans are united in their efforts to create a borderless America; expect little support for President Trump from the GOPe side of the aisle.
Two federal judges, Boston (Mass) and Seattle (WA), released two completely different opinions on the legality of President Trump’s temporary halt on Visa approvals from seven identified countries of concern. The Boston ruling by Federal Judge Gorton upholds the executive authority and supports President Trump. The Seattle ruling by Federal Judge Robart halts the executive action.
Due to Judge Robart’s refusal to accept prior case law and supreme court rulings, and as an outcome of his inability to cite existing law to support his decision (READ HERE), it is generally believed the Seattle ruling will be “stayed”. The sum total of Robart’s ruling is merely seven pages of activist catch phrases, judicial activism, with no legal guiding citation.
Conversely, Judge Gorton firmly establishes his decision (READ HERE) -to the benefit of the Executive Order- on prior precedent and current established judicial interpretations, and it is believed Gorton’s decision will be more in line with the final outcome of the challenges. Gorton’s 21 page ruling contains 51 legal citations to precedent and existing case law which guides his decision.
A good summary of why President Trump will likely win is HERE.
However, in the interim, DHS is complying with the Seattle injunction.
WASHINGTON – In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”
This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.
DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.
At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the president’s Executive Order, which is lawful and appropriate. The order is intended to protect the homeland and the American people, and the president has no higher duty and responsibility than to do so. (read more)
[…] Here is where the Boston judge and the Seattle judge appeared to disagree. According to reports of what was said at oral argument in Seattle, the Seattle judge believes rational basis review requires the law-making branches of government “prove” with “facts” presented in court that their position is the correct one. As the Boston judge noted, this interpretation of the law — inviting the judicial branch to replace the elected branches of government — is directly contrary to precedent. This is why the Seattle judge’s opinion is likely to lose out ultimately, and Trump’s will prevail. (read more)