On immigration EO, Trump should appeal to the Supreme Court

The three-judge panel of the Ninth Circuit affirmed the decision of Judge Robart to grant a TRO to stop Donald Trump's temporary ban on immigration from seven countries deemed a risk.  The question now is whether Trump requests a hearing before a ten-judge, en banc panel of the Ninth Circuit or appeals to the U.S. Supreme Court or accepts the TRO and litigates the matter before Judge Robart. Trump should immediately request a stay of the TRO from U.S. Supreme Court justice Kennedy, who hears such emergency petitions from the Ninth Circuit.  Trump should also appeal the Ninth Circuit decision to the U.S. Supreme Court. The strongest argument is that the state of Washington does not have standing to bring a claim on behalf of the residents of the seven countries who are not residents of the USA, no matter how they disguise the issue of standing.  The foreign residents are not covered by the U.S. Constitution. Further, the president has the sole statutory...(Read Full Post)

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