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Supreme Court dismisses second challenge to Trump’s travel ban

Oct 24, 2017 8:19 pm By Robert Spencer

Every last one of the blocks of Trump’s travel bans ignores the statute that gives the President sweeping power to limit immigration:

(f) Suspension of entry or imposition of restrictions by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

But now acting to defend the United States is “Islamophobic.”  Trump is recognizing the undeniable fact that there is no reliable way to distinguish jihadis from peaceful refugees. But clearly the Left will fight him to the death to keep him from defending the American people.

“The Supreme Court Just Killed The Refugee Ban Challenge,” by Kevin Daley, Daily Caller, October 24, 2017:

The U.S. Supreme Court dismissed the second and final challenge to President Donald Trump’s executive order on refugees and migrants Tuesday, concluding that the expiration of a 120-day ban on refugee resettlement ended the controversy.

The dismissal ends a protracted round of litigating around the president’s order that was replaced in late September by a new round of travel sanctions against eight countries. Those sanctions are currently under challenges.

The justices dismissed the first travel ban case Oct. 10. That case arose in Maryland and concerned the order’s 90-day ban on the entry of migrants from six countries with high instances of terrorism. The ban’s expiration effectively “mooted” the case, the justices concluded. Federal courts are only empowered to hear ongoing controversies where their action can affect an outcome. When the controversy concludes and renders further court action irrelevant, the case is considered moot and is thereafter dismissed.

The second case arose in Hawaii, and also challenged the 120-day ban on refugee resettlement. The court’s Oct. 10 decision left little suspense as to how justices would dispense with the Hawaii case — as in the Maryland case, the justices said the termination of the 120-day refugee ban mooted the controversy, warranting dismissal….

The order is a victory for the administration, that asked the justices to dismiss the cases in September. The orders also wipe out adverse lower court rulings limiting the president’s authority.

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Filed Under: Donald Trump, Featured, immigration, United States Tagged With: Supreme Court


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Comments

  1. Saipan Sam says

    Oct 24, 2017 at 8:45 pm

    Ginsburg… hurry up an die, already

    • bonnie loranger says

      Oct 25, 2017 at 9:27 am

      I agree

    • thomas says

      Oct 25, 2017 at 9:47 am

      It is better to wish for his retirement ASAP!

      • David Pimentel says

        Oct 25, 2017 at 10:00 am

        I thought “he” was a she. I could be wrong. Who can tell underneath all that wrinkle and sourness?

    • Carolyne says

      Oct 25, 2017 at 5:40 pm

      I think she is dead and they had a taxidermist fix her up and someone carries her in and props her up when court is in session. I mean, look at her. She’s dead!

  2. Saipan Sam says

    Oct 24, 2017 at 8:46 pm

    And get that racist ‘wise, old Latina’ out of there like the cancer she is….

    • Carolyne says

      Oct 25, 2017 at 5:41 pm

      A “Wise, Latina woman” might do a good job, but this idiot is not wise. I guess she’s Latina though.

      • gravenimage says

        Oct 25, 2017 at 11:20 pm

        +1

  3. vlparker says

    Oct 24, 2017 at 9:25 pm

    Congress needs to do their job and impeach these judges that ignore the law in their rulings.

    • Westman says

      Oct 25, 2017 at 10:59 am

      In this age of the internet, information leaks out of government and the courts like air from a punctured tire, effusing the rotten smell of corruption. Political courts were a nightmare that sent our early founders to a new land. The wheel has turned full circle, again, making the courts into a usable tool for politics.

      • Robert says

        Oct 25, 2017 at 2:38 pm

        Well said

  4. Voytek Gagalka says

    Oct 24, 2017 at 9:53 pm

    “…concluding that the expiration of a 120-day ban on refugee resettlement ended the controversy.”

    Does it mean necessity to issue a new ban since previous one obviously expired? From that lawyers small talk it is not clear to me if that could be considered a victory since the issue simply expired because previous ban expired.

    • gravenimage says

      Oct 25, 2017 at 11:21 pm

      The ban was never put into effect.

  5. mortimer says

    Oct 24, 2017 at 10:16 pm

    When even Muslim cabinet ministers from the Lebanese government have admitted THEY CANNOT tell the difference between a law-abiding Muslim and a radical jihadist, there is NO POSSIBLE WAY that American border agents (unacquainted with the jihad ideology or Near East culture) can discern the difference.

    If Muslim countries will not arrest and stop jihadists in their own countries, then it is reasonable to stop their nationals from entering the US.

    The US should not play JIHAD ROULETTE.

    • mummymovie says

      Oct 24, 2017 at 10:43 pm

      Exactly, mortimer.
      So why, then, doesn’t DJT just pinch off the whole ‘refugee’ resettlement (& asylum granting) program / industry altogether, by simply lowering our ‘refugee’ admittance ceiling down to a nice reasonable number that’s somewhere down there close to, say… 0?
      You know, it is also well within his scope of authority and power to do that, as well.
      Yet he just set the number at 40k for next fiscal year.
      Higher even than some of the Bush-Dickchain years, I believe.
      WHY???!!!!?!?!?

  6. mortimer says

    Oct 24, 2017 at 10:22 pm

    The president’s constitutional power cannot be abrogated by a difference of political opinion. It would probably require a complete constitutional amendment (a most difficult process) to revoke the presidential power.

    Upon examination, I believe both parties would agree that retaining the president’s power to restrict entry of potential enemies is both prudent and desirable.

    No one has a right to enter the US except American citizens.

    • mummymovie says

      Oct 24, 2017 at 10:48 pm

      A lot of folks out there sorely need to be reminded of your last sentence, here, mortimer.
      It needs to be repeated and repeated.

    • p bay says

      Oct 26, 2017 at 5:20 am

      Anyone from Mexico has the right to enter California…. So says the governor.
      California has NO borders. Its up to the other 49 states to fund this madness

  7. gravenimage says

    Oct 24, 2017 at 11:44 pm

    Supreme Court dismisses second challenge to Trump’s travel ban
    ……………………

    Great news!

  8. Ren says

    Oct 25, 2017 at 12:01 am

    “Supreme Court dismisses second challenge to Trump’s travel ban”

    That’s why Supreme Court is supreme!

  9. I wonder about leftists says

    Oct 25, 2017 at 4:58 am

    Who is boss in the USA? The president can put a law down if he thinks there is a danger for the country.
    I thought it was that way in the USA.
    USA has become total lawless too. Who would have thought that that would happen in the States.
    Who is supreme above the other? Muslims might think they are supreme and that that gives them the right to kill, rape, destroy, behead, flog ,stone ,conquer land, make no go zones, tell us what to wear, what to eat, how and when, have Sharia laws, mutilate young girls , but they are not supreme over anybody. and neither are the leftists “supreme” judges.

    • Carolyne says

      Oct 25, 2017 at 5:46 pm

      No, the President must follow the law like everyone else. He cannot “Put down a l;aw.” He can however veto laws before they become legal. The Congress writes the law, the Senate approves and the President can sign or not sign. Once it becomes law, everyone must obey it. The problem is that there are laws which are not being obeyed and nobody, particularly the Department of Justice, is not enforcing laws they don’t like.

      • Alarmed Pig Farmer says

        Oct 26, 2017 at 1:47 pm

        No, the President must follow the law like everyone else.

        Except for Obama, Holder, Lynch, Clinton, Wasserman-Schulz, Mueller, Rosenstein, Comey, Clapper, Brennan and several dozen other top U.S. officials, past and present.

        But now acting to defend the United States is “Islamophobic.” Trump is recognizing the undeniable fact that there is no reliable way to distinguish jihadis from peaceful refugees.

        But we *can* distinguish Moslems from Infidels. That should be enough. Somehow some way the public must be apprised of the truth about Islam. Get that done, and even the globo-socialists would lay down for fear of seeming both morbidly naive and treasonous at once.

    • p bay says

      Dec 4, 2017 at 8:33 pm

      liberal judges decide for the president…. antifa backs them up. Jail them!

  10. rufluc says

    Oct 25, 2017 at 5:12 am

    This is truly great news for Trump and his administration, and a huge poke in the eye to those loony leftists who just won’t give up trying to undermine his democratic right to run the US as the electorate want him to do.
    The Left, with their insane and treacherous actions that are clearly detrimental to the welfare and safety of the West, really need to be dealt with now, to stop their persistent ‘mischief making’. In fact I would go as far as to urge Trump to pursue legislation against these leftist traitors with great alacrity, and start by holding them partly responsible and complicit for all the Muslim atrocities and their evil actions that have seriously impacted on the lives of the people of the US and the Western world.
    They are clearly ‘inciting’ hatred against the West, and the people of the West. In other words they are clearly ‘Westophobic’ and should be dealt with as such, by using the same kind of pathetic claims they use against us!

    There is now a great deal of proof and anecdotal evidence to make the assertion that ANY Muslim can conceal Jihadi intentions. This is clearly derived from the very teachings of their own book, the Quran. Something that not even the lunatic left can argue against. ie:

    Koran 2:191 “slay the unbelievers wherever you find them”
    Koran 3:21 “Muslims must not take the infidels as friends”
    Koran 5:33 “Maim and crucify the infidels if they criticize Islam”
    Koran 8:12 “Terrorize and behead those who believe in scriptures other than the Koran”
    Koran 8:60 ” Muslims must muster all weapons to terrorize the infidels”
    Koran 8:65 “The unbelievers are stupid, urge all Muslims to fight them”
    Koran 9:5 “When the opportunity arises, kill the infidels wherever you find them”
    Koran 9:123 “Make war on the infidels living in your neighborhood”
    Koran 22:19 “Punish the unbelievers with garments of fire, hooked iron rods, boiling water, melt their skin and bellies”
    Koran 47:4 “Do not hanker for peace with the infidels, behead them when you catch them”.

    Also here:

    http://www.answeringmuslims.com/p/jihad.html

    In other words, if a Muslim is really true to their theocratic ideological cult, er sorry, I meant ‘faith’, then ALL NON Muslims (Infidels) are in potential danger from them.
    How can any of them ever be trusted when they have all been taught from an early age to hold hate in their hearts for anyone who isn’t a Muslim? But not only hate, but to have been ‘ordered’ to “slay the unbelievers wherever you find them”?

    Of course the left will try to poo poo all this as ‘incitement’ to hate, Islamophobic etc. But how is telling and showing the truth, plus 1400 years of evidence backed up by 270 million murders, an ‘incitement’? It is just plan fact! The truth!
    If it is seen as ‘incitement’, then our whole judical system would be instantly undermined! Why? Because a jury is persuaded by the prosecution to believe and decide on the facts presented in exactly the same way! The defence in this case…..has no defence, because there is far too much overwhelming evidence to the contrary! In fact, whatever evil Muslims are believing in, it seems to me that the same evil has also polluted the minds of the weak minded of the West. ie leftists, Liberals and snowflakes, and so we should all start to realise whatreally is driving their insane madness!

    In the meantime, I congratulate Trump on his steadfast determination on having succeeded on this matter! It’s a good job he’s tenacious!

    I now also hope he will continue to stop more Muslims from entering the US, and instead get their ultra rich neighboring Muslim countries to take them in. Then start repatriating those already in the US back to their God foresaken lands. So they can continue spending most of their lives with their backsides in the air five times a day, instead of using their time doing something worthwhile like rebuilding their own countries that they seem intent on destroying all the time!
    Maybe one day they will realise the errors of their ways and start to live their lives in a good stable civilised fashion, without having their loosely concealed Muslim supremacist feelings for world domination. After all, look what happened to Hitler who wanted the same!

  11. John Forbes says

    Oct 25, 2017 at 7:14 am

    HOW IN EARTH IS IT THAT THE PRESIDENT OF THE UNITED STATES CANNOT GET THE COURTS TO DO AS THE PEOPLE WANT & THE PRESIDENT WANTS ????

    • Carolyne says

      Oct 25, 2017 at 7:54 pm

      The President of the United States is head of the Executive Branch of Government. The courts are the Judicial Branch. The other branch is the Legislative. Each is independent from the other. The President cannot get the courts to do anything.

  12. David Darman says

    Oct 25, 2017 at 7:54 am

    The ignorance on display here is disheartening. Robert, stop conflating leftist (liberal, progressive, etc) with dhimmi. Ignorance of Islam/dhimmitude transcends the left/right structure of political analysis. With all due respect, you only alienate many who support your criticism of Islam.

    • UNCLE VLADDI says

      Oct 25, 2017 at 6:41 pm

      Libertine ‘liberal’ criminals must know the facts about islam in order to so relentlessly oppose them by slandering those who tell the truth about it as “hatefully bigoted racists” all the time.

      They are not innocently ignorant naifs, they are intentionally evil criminals.

      It’s not Robert Spencer whose ignorance is on display here, it’s yours.

      It’s been how many years now since 9/11? Islam will never change!
      So everyone has had plenty of time to study up on and learn it.

      Everyone in the intelligence community should be fired and jailed,
      If we are to believe they have been unable to educate politicians
      by presenting them with the basic facts, speaking truth to power.

    • gravenimage says

      Oct 25, 2017 at 11:24 pm

      While there is dhimmitude on the Right, it tends to be even more pronounced on the Left. I am a Liberal myself–I wish this were not so, but it most often is.

  13. Robert says

    Oct 25, 2017 at 2:37 pm

    Well said

  14. UNCLE VLADDI says

    Oct 25, 2017 at 6:37 pm

    The SCOTUS should be empowered to impose sanctions and penalties on such lower-court judges who egregiously ignore the clear and obvious written laws – and even to charge them with, say, sedition or treason for their presumption, too.

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