Trump’s immigration order was banned by the 9th Circuit Court of Appeals, the SLOWEST of the 12 federal appeals courts.
Though they typically take 15 months to hand down a decision, they somehow or other found time to squeeze in an immediate judgment against Trump’s executive order, maybe because eighteen of the court’s 25 active judges have been appointed by Democrats.
Former President Barack Obama appointed seven of them.
The 9th is unaffectionately known as the “nutty 9th”, because it is the most liberal and MOST REVERSED court in the nation.
An average of EIGHTY PERCENT of its decisions get OVERTURNED!
Republicans in both House and Senate have introduced similar (though slightly different) bills to reduce the size of the 9th and create a new 13th circuit court.
Even if the 9th weren’t a ridiculous clown show of judicial activism, its jurisdiction needs to be pared down. Eleven of them cover 80% of the population; the 9th covers 20%. That’s just dumb and it needs to be rectified.
Judge Napolitano on travel ban ruling: “The Constitution assigns the decision-making for foreign policy exclusively to the President; even Congress has a subordinate role.”
“The President has a lot of tools that the Congress has given him. One of the tools is the statute that he read yesterday, which we’ve all been talking about, which was exercised by President Carter and by President Obama, a blanket ban on immigrants from given places. The statute specifically says ‘the President on his own by proclamation,’ meaning he doesn’t have to consult with anybody else, ‘can make this decision.’ The decision to ban is not reviewable; it’s not justiciable. Judges are incapable of second-guessing the President on it.”
- H/t Pistol Pete