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The United States has the right to decide who is admitted into this country. We do not have "open borders." We can ban whoever we want.
You are correct.
To do so, in absence of a specific threat, without an appropriate 360 review, says more about the administration than anything else.
They dismissed prudent execution protocol in favor of a knee jerk execution and photo op of signing the EO.
Then Kellyanne hits the news circuit with her well honed bag of bait and switch blaming media for calling it a ban while ignoring Trump, Spicer and she were on the record calling it a ban.
If it works, prepare for an onslaught of counterattacks on everything Trump has done. They kind of negated themselves with the "change the rules" shtick.
Even without getting to the merits, there is a problem with standing here. Firstly, I don't know how the states that sued have standing (how in the world are the states injured here? No one is forcing them to spend any funds, etc., as a result of the order.). Second, courts have generally been skeptical of granting standing to affected parties who are not physically within the United States.
Even with its leftist bent, there's a good chance that this ruling gets overturned in the 9th Circuit. In any event, this ruling underscores the importance of getting Gorsuch approved to the Supreme Court.
"The Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all — the Constitution."
Citing the role of the Supreme Court doesn't explain how a federal judge in the Western District of Washington has jurisdiction to issue a nationwide injunction.
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