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Old 14-02-2017, 14:34   #200
Pierre
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Re: U.S President: Donald Trump

Quote:
Originally Posted by martyh View Post
The courts disagreed with you on every point
Well you offered two point that I responded to.

Point one that
Quote:
He will have to show that the countries are a threat the the USA
My response
Quote:
He doesn't have to show that they are a "threat". The Immigration and Nationality Act of 1952, gives the president the power to suspend or impose restrictions on the entry of foreign nationals if he determines their entry "would be detrimental to the interests of the United States."

That's a much lower bar than a threat.
The actual judgement from the Circuit Nine Court advised
Quote:
The Government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States. Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all. We disagree
So the administration didn't provide any evidence at all, they just argued that the County court shouldn't be able to overturn the EO.

So that test about the level of detriment/ threat hasn't been done.

Your second point was
Quote:
and he will have to remove any religious bias ,which he failed to do
my response
Quote:
There was no religious bias in the original order. Religion wasn't mentioned
The actual judgement from the Circuit Nine Court says
Quote:
The Government has not shown that it is likely to succeed on appeal on its arguments about, at least, the States’
Due Process Clause claim, and we also note the serious nature of the allegations the States have raised with respect to their religious discrimination claims. We express no view
as to any of the States’ other claims.
So they advise that the administration are unlikely to win an appeal in regards to the "due process" part of the claim. They note the allegation of religious discrimination but that is not why the appeal was not upheld

So in reality the Court (singular) didn't disagree with me on anything.

I'm surprised you've made this mistake as you're usually so very well informed.

If you want to digest the courts ruling you can here:

http://cdn.ca9.uscourts.gov/datastor...9/17-35105.pdf
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