Trump’s Nuclear Option Regarding the 9th Circuit Immigration Ruling

by John Galt
February 9, 2017 19:40 ET

The United States 9th Circuit Court of Appeals has dropped an obviously flawed ruling on the Trump administration tonight, however there is no reason to continue the fight. President Trump has indicated per an almost immediate Tweet that he will fight this ruling. At this point in time, I think it would be worthy to at least tie down the so-called Judge in Washington State with protracted legal arguments, dozens of witnesses, etc. to drag his ultimate ruling on the Constitutionality of this decision until May of this year at the earliest.

In the mean time, he should press Senate Majority Leader Mitch “Turtle” McConnell to expedite the hearings and approval of Judge Gorsuch before the Senate Easter break.

Why is this important?

President Trump has also  made countless enemies in the tech world, as evidence of their opposition appears in the numerous irrelevant amicus briefs filed with the 9th Circuit Court of Appeals by powerhouses like Google, Microsoft, Apple, etc.

If Judge Gorsuch is approved before the Easter recess, then President Trump should issue a new Executive Order, one I would call the “nuclear option”, which will be upheld by the Supreme Court and more importantly, re-validate the powers of the Executive Branch vested in Article II, Section 2:

The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

While there is no specific reference to immigration into the United States, the powers assigned as “commander in chief” imparts the defense of this nation upon the Executive Branch with the President acting as its head. This was further adjudicated and validated within court decisions and U.S. code to validate the President’s powers to defend the borders and decide who may or may not enter into this country.

Hence, to fix the problem created by the globalist cabal within the Loony Tunes political and judicial elites, President Trump should cancel Executive Order 13769 effective May 1, 2017 (which means all of his cabinet and secondary positions should be filled) and issue a new Executive Order as suggested above, to bring rationality back to the process:

“Effective May 1, 2017, as President of the United States, all applications for immigration and refugee status to enter into the United States is to be denie for a period of 120 days until all cabinet level departments report back with effective regulatory procedures to enforce current law(s) to ensure the safety and protection of the U.S. citizenry from criminal and terrorist attack. After the 120 day hold and new vetting procedures are in place, all original applicants not processed by May 1, 2017 shall receive priority for processing based on their original application date.

Additionally, due to the abuses of the H1B visa program by American based corporations in violation of U.S. Statute, the number of H1B Visas to be processed and approved will remain frozen at current levels as of May 1, 2107 until January 1, 2018. The interim period will be used to review and confirm that all current H1B Visa holders were not used to supplant U.S. workers at lower rates of pay, in violation of U.S. Code, and to provide a new review process for admission under H1B status to guarantee no terrorists or suspect terrorist nations are abusing the H1B program to infiltrate the United States or its territories.”

The left will scream hysterically again. However, Attorney General Sessions and DHS Secretary Kelly should have procedures in place to at least obtain a 98%+ effectiveness in screening and preventing terrorist elements from entering our nation. Once Judge Gorsuch is confirmed providing a shield against the idiots in the 9th, this fully Constitutional Executive Order will force Congress to act and put new regulations in place to support these programs and end the Constitutional debate once and for all.

Then Trump can gloat on Twitter: “Eat this nuke”

  • Ray Ray

    Why was the 9th Circuit Federal Appeals Court involved in the temporary travel pause at all ???

    Article 2 of the Constitution says and I quote…

    “In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.”

    The Supreme Court has original jurisdiction in this case, and no other
    court can stay or otherwise interfere with the Executive Order pausing
    entry from certain countries or of certain classes.

    No court other than the Supreme Court has any jurisdiction or authority
    in this case because 2 States (Minnesota & Washington) are a party
    to the action.

    • The 9th Circuit was involved because WA and MN went judge shopping within the 9th’s jurisdiction. In the end the SCOTUS will have jurisdiction and will slam the ruling as not only unconstitutional, but judicially inept. Then again, the 9th is used to being rebuked as it is known as the moron pool.

  • David Keith Chambers

    SCOTUS does not have jurisdiction. Since Trump’s acts ARE Constitutional, I would ignore those judges – he doesn’t have to respect Marbury vs Madison – it’s past time these judges, including SCOTUS are put in their place. They can issue rulings all they want, but Trump have executive power – ignore the courts and do what is Constitutional. The judges’ are violating their oath’s – I would not give them the time of day. I would not even appeal, that implies they do have the authority to decide these issues. I would reject all the courts’ arguments, including their pretense to have the power to decide what is Constitutional. Trump didn’t swear to uphold judicial orders, he swore to uphold the Constitution… it’s up to him to decide what that means, not the courts – who have proven they do not deserve that power, which they arrogated in Marbury.

  • David Keith Chambers

    SCOTUS does not have jurisdiction. Since Trump’s acts ARE Constitutional, I would ignore those judges – he doesn’t have to respect Marbury vs Madison – it’s past time these judges, including SCOTUS are put in their place. They can issue rulings all they want, but Trump has executive power – ignore the courts and do what is Constitutional. The judges’ are violating their oaths – I would not give them the time of day. I would not even appeal, that implies they do have the authority to decide these issues. I would reject all the courts’ arguments, including their pretense to have the power to decide what is Constitutional. Trump didn’t swear to uphold judicial orders, he swore to uphold the Constitution… it’s up to him to decide what that means, not the courts – who have proven they do not deserve that power, which they arrogated in Marbury.

  • David Keith Chambers

    FDR/Andrew Jackson these SOBs.

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