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  #2381  
Old 27 April 2017, 17:56
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Originally Posted by Azatty View Post
On the face of it, it is a challenge of the Executive and attempt to vindicate state's rights under the 10th Amendment:



That is just the summary of the arguments raised by each side. The remaining 49 pages of the decision discuss the issues identified above in detail. It doesn't help that the Administration's attorneys said the EO doesn't mean what it says, the EO is merely a policy statement, and is only a direction to enforce existing law.

The Administration had a shitty argument, they admitted it was shitty and that the EO doesn't really do anything new, and pretty much gave the judge everything he needed to enter a TRO. The fact that the Administration's attorney did not address the Constitutional issues is telling--you only leave arguments unaddressed if (a) your argument on threshold issues is so strong that the judge will kill the case before it even gets started; (b) your arguments and evidence on those issues suck so bad that your credibility would suffer if you presented them; or (c) the arguments are irrelevant (in which case you say so). The Administration's attorney tried the Jedi mind trick on the judge on (a) and hoped to bootstrap that into (c), but it backfired and stuck them with (b). If the Administration had made those arguments in a District Court in the Fifth Circuit (Texas), the result would be the same.

I think I've said before that if this were a FPOTUS administration or a HRC administration doing something similar, we'd be going nuclear on them. But when the shoe is on the other foot and policies "we" like are blocked because they overreach...
On this specific case, yes it is an argument for state's rights and limiting executive power. Thanks for the education. (Seriously and sincerely)

I am simply dubious of the source, and freely admitting my bias.

I am certainly not educated enough to review the work of the legal team working for the President and the AG but their results, to date, suck. Then again I don't know if there is a longer game being played to set precedent or line up cases before the Supreme Court.

I used to believe that the Law, like science, was something based on facts and truth, or as close as we can get to them. I haven't believed that to be the case now for at least the last 20 years.

So my apologies for disparaging your profession and mucking up the thread with my uninformed and bias opinion.
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  #2382  
Old 27 April 2017, 18:30
Azatty Azatty is offline
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Originally Posted by morelocks View Post
I am simply dubious of the source, and freely admitting my bias.
I don't disagree with you one bit on that point. In fact, I would be entirely unsurprised to learn that all of the liberal havens have explicitly agreed to let California run point on all the litigation with POTUS since they're in the Ninth Circuit and their District Court judges in the Bay Area are a bit crazy, too.

Concerning the long game, I can't decide whether POTUS is intentionally issuing EOs that he knows don't stand a chance, or if he's not being advised properly. I think it's possible that he's deliberately poking the bear and is gambling that California will finally do something so outrageous that he'll have cause to give them the full roll. Or alternatively, that the libs will go completely off the rails and discredit themselves.
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  #2383  
Old 27 April 2017, 19:39
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So far no LGBTQRST have been rounded up and put in Concentration Camps, slavery has not been reinstated, and females have not left the workforce to be chained to a stove...Well. Seems someone was wrong.
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  #2384  
Old 27 April 2017, 19:52
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It's been less than 100 days. Give the Administration time...
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  #2385  
Old 27 April 2017, 20:22
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Learning that there may be another one or two SCOTUS picks in the next few years should be sound relief to the conservative leaning folks of America. I don't care of the President takes a dump on the WH lawn and goes full Howard Hughes crazy. We dodged a major bullet this election.
  #2386  
Old 28 April 2017, 19:46
WGH0922 WGH0922 is offline
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Question to some of you smart folks regarding LtGen Flynn and his ties to Russia & Turkey. I understand that it is incumbent on the campaign to vette him prior to his assignments etc..But since he sat in on quite a few of the President-Elect PDB's between November 8th- January 20th whose responsibility was it to ensure he was cleared to receive these briefings. It seems to me that the previous admin knew he was "tainted" but never imagined Pres. Trump winning and sat on it during the campaign. Meh, maybe I'm all fucked up reading too much into it.
  #2387  
Old 28 April 2017, 22:43
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Originally Posted by Hot Mess View Post
It's been less than 100 days. Give the Administration time...
At this writing there are 2 hours 15 minutes till 100 days.
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  #2388  
Old 28 April 2017, 22:58
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Smile LOL...

Quote:
Originally Posted by xfrogTX View Post
At this writing there are 2 hours 15 minutes till 100 days.
I'm not going too be up that long to close this one, however, get your last comments in and prepare for the next thread on the POTUS.....

Hillary lost and folks are still bitching!
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