RE: 9th Circuit Tells the WLB to Go Fuck Himself
February 10, 2017 at 4:33 pm
(This post was last modified: February 10, 2017 at 4:59 pm by Amarok.)
(February 10, 2017 at 12:30 pm)noname Wrote:(February 10, 2017 at 3:58 am)Orochi Wrote: I was mocking trumps tweet calling the judge who stayed his Muslim Ban a so called judge. Despite being legitimately appointed to the job.
Oh yeah, Trump called the judge a "so called judge", but you can see why I didn't see it in context right?
Yes
(February 10, 2017 at 2:58 pm)TheRealJoeFish Wrote:(February 10, 2017 at 2:43 pm)Neo-Scholastic Wrote: Circuit court justices do not receive national security briefs.
While this is true, stating this flatly and without context misses two important points:
1) As the Court noted in its Opinion, the President was certainly within his rights to provide the court with classified information upon which his decisions were based. The Court would have had to keep this confidential. That the President didn't do this means that he either a) didn't actually have classified information he believed would be helpful to his cause or b) he didn't trust the confidentiality procedures of the 9th Circuit court (which would be a mind-boggling level of paranoia) or otherwise wasn't prepared to submit this information for in camera review. That's his choice.
2) The statement suggests the existence of instances that are unreviewable, inasmuch as it implies the existence of situations in which some document/file/information X is needed to understand the constitutionality of a governmental decision, but the arbiters of constitutionality may not see X, and therefore the constitutionality of the decision *cannot effectively* be reviewed. This is simply not the law, and if true would allow the President, any time a decision of his is challenged, to say "I have a *confidential* reason why I'm doing this, and if you (the Court) could see that, you would agree it's constitutional." (Which, I shouldn't need to say, is absurd.)
But You must understand Neo Treats government apparently the same way he treats religion . "There must be some hidden reason for it to have happened because there must be"
(February 10, 2017 at 4:33 pm)Orochi Wrote:(February 10, 2017 at 12:30 pm)noname Wrote: Oh yeah, Trump called the judge a "so called judge", but you can see why I didn't see it in context right?
Yes
(February 10, 2017 at 2:58 pm)TheRealJoeFish Wrote: While this is true, stating this flatly and without context misses two important points:
1) As the Court noted in its Opinion, the President was certainly within his rights to provide the court with classified information upon which his decisions were based. The Court would have had to keep this confidential. That the President didn't do this means that he either a) didn't actually have classified information he believed would be helpful to his cause or b) he didn't trust the confidentiality procedures of the 9th Circuit court (which would be a mind-boggling level of paranoia) or otherwise wasn't prepared to submit this information for in camera review. That's his choice.
2) The statement suggests the existence of instances that are unreviewable, inasmuch as it implies the existence of situations in which some document/file/information X is needed to understand the constitutionality of a governmental decision, but the arbiters of constitutionality may not see X, and therefore the constitutionality of the decision *cannot effectively* be reviewed. This is simply not the law, and if true would allow the President, any time a decision of his is challenged, to say "I have a *confidential* reason why I'm doing this, and if you (the Court) could see that, you would agree it's constitutional." (Which, I shouldn't need to say, is absurd.)
But You must understand Neo Treats government apparently the same way he treats religion . "There must be some hidden reason for it to have happened because there must be"
Fact is Trumps team couldn't make a case they lost end of story .The excuse there must be hidden documents somewhere that justify the Muslim ban is just weak .
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