This Time It's Going To The Supreme Court: Hawaii Judge Blocks Trump's Second Travel Ban

Tyler Durden's picture

In the latest legal setback for the President, moments ago Trump’s latest attempt to temporarily bar new immigrants and refugees from six Muslim-majority nations was blocked by a Hawaii Federal Judge, pushing the young administration toward a second defeat on one of the president’s core campaign platforms.

U.S. District Judge Derrick K. Watson froze the order nationwide

As part of Watson's ruling, the Judge even cites Trump's own comments in blocking his new immigration order, saying they "betray the Executive Order's stated secular purpose"

As the WaPo reports, Watson was the second of three judges to hear arguments Wednesday on whether to freeze the ban. A federal judge in Maryland said he also could rule before day’s end after a morning hearing, and the same federal judge in Washington state who suspended Trump’s first travel ban was set to hear arguments starting at 5 p.m. Eastern.

The hearing in Hawaii came in response to a lawsuit filed by the state itself. Lawyers for Hawaii alleged the new travel ban, much like the old, violates the establishment clause of the First Amendment because it is essentially a Muslim ban, hurts the ability of state businesses and universities to recruit top talent and damages the state’s robust tourism industry.

 

They pointed particularly to the case of Ismail Elshikh, the imam of the Muslim Association of Hawaii, whose mother-in-law’s application for an immigrant visa was still being processed. Under the new executive order, lawyers for Hawaii said, Elshikh feared that his mother-in-law would ultimately be banned from entering the United States.

The ruling means the 90-day ban on new visa approvals won’t be enforced beginning Thursday, as originally intended by the White House. According to Bloomberg, this time the ruling by the judge in Honolulu will almost certainly be appealed by the Trump administration and could reach the U.S. Supreme Court, just as many predicted would happen after Trump's original travel ban was blocked by the 9th Circuit Court of Appeals in February.

According to Bloomberg, the judge is one of three across the U.S. who spent Wednesday weighing whether to impose a temporary halt on the president’s second travel ban, which was tailored by administration lawyers to stand-up to the legal challenges that imperiled its predecessor. Revisions to the order weren’t enough to convince him that the ban was free of religious discrimination.

Democratic state attorneys general and immigrant-rights groups have led the charge to block Trump’s renewed push to make good on his campaign promise to curb immigration in the name of protecting Americans from potential terrorist attacks. Supporters of the order contend critics fail to understand the expanse of powers that Congress affords the president in dealing with matters of immigration and national security. The new order temporarily blocks visa approvals for immigrants and refugees from Iran, Syria, Yemen, Libya, Somalia and Sudan.

Unlike the last time a judge blocked Trump's immigration order, so far there has been no tweet in response.

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Looney's picture

 

Stoning, as punishment, is too barbaric, but GAVELING a rogue judge ain’t.  ;-)

Looney

kavlar's picture
kavlar (not verified) Looney Mar 15, 2017 6:31 PM

Trump: "I only ban Muslims 'cause I love them. I didn't ban Jews from Israel even though they did 9/11. Go figure!"

http://biblicisminstitute.wordpress.com/2014/09/14/israel-is-the-problem/

techies-r-us's picture
techies-r-us (not verified) kavlar Mar 15, 2017 6:32 PM

lol

Mano-A-Mano's picture
Mano-A-Mano (not verified) techies-r-us Mar 15, 2017 6:33 PM

Israel will soon get Trump to get us to war with Iran, backdoor to WW3.

philipat's picture

Hawaiii might better spend the money to investigate how fake Birth Certificates can be circulating in its name?

Jim Sampson's picture

It is really weird how "the law" can be changed by any judge at any time.

Handful of Dust's picture

Some lowly federal judge in the boonies can paralyze the entire nation and subject the entire American population to known dangers and terrorist attacks.

Crazy stuff.

I am surprised an Orlando survivor, or San Bernardino relative doesn't visit one of these judges.

FrozenGoodz's picture

Because they were killed by people from these 6 countries!

The_Juggernaut's picture

Guess it's time to get rid of the filibuster for scotus nominees.

philipat's picture

However, in a Common law jurisdiction, such jurisprudence is supposed to represent "the will of the people". When 70% of the peeps agree with Trump's immigration controls, it's difficult to see how this is anything other than a lowly Federal judge using his 15 minutes based on his owm political biases?

Mr. Universe's picture

No it's more likely that this "judge" received his seat on the bench with the proviso that "sometime we might need a favor in the future, I'm sure we can count on you...Judge"

FrozenGoodz's picture

If y'all had to put your careers on it, you wouldn't be so loud in support via comments section ... it's failed, not happening, back to Healthcare [DOA]

TheRideNeverEnds's picture

It doesn't matter if it's literally the presidents job to decide who can come into the country. As we all learned in civics 101; a local judges feelings supersede federal law and federal executive branch authority in all matters furthering cultural Marxist ideals.

Bigern's picture

If that is the case, then local judges can begin to put restraining orders on the National Firearms Act, Gun Control Act of 1968, Federal Reserve Act, Nixon's EO establishing the EPA, and Bush changes to student loans. That is just to get warmed up.

N2OJoe's picture

They sure can, and have known that for a long time. It's just that upholding the 2nd Amendment doesn't degrade American society, so they don't.

scrappy's picture

Perhaps we need to look back at the true roots of the "law"

Santos Bonacci - Law and Language - 1/2

https://www.youtube.com/watch?v=5_LBYLRQ8H8

Santos Bonacci - Law and Language - 2/2

https://www.youtube.com/watch?v=Phtk4p1Fg9E

Santos Bonacci Reclaiming Dominion Part 1

https://www.youtube.com/watch?v=4MIFhZr96cE

Santos Bonacci Reclaiming Dominion Part 2

https://www.youtube.com/watch?v=ZYDCGkvjUHo

Santos Bonacci - Your Body Is The Holy Land Pt 1

https://www.youtube.com/watch?v=u02C-nLYKYg

Santos Bonacci - Your Body Is The Holy Land Pt 2

https://www.youtube.com/watch?v=UWLtG5Yz_AE

All his videos are very educational. He is a genius.

 

But best of all, He is Wise.

AllBentOutOfShape's picture

They always say we need these checks and balances to prevent a dictatorship, but it actually works both ways.  It can also help keep an 'establishment' dictatorship in power.

Got The Wrong No's picture

philpat, you are slipping. You didn't call out that deranged multi alias Troll. 

Handful of Dust's picture

"We need some common sense federal judge extermination."

philipat's picture

I stopped calling him out a long time ago when he stopped posting false links. There is nothing actually wrong with what he is doing now. Most of us have a single account with ZH and use it to express our views. That this person has at least 50 different accounts (kavlar, and also lexxus are relatively new names) and takes satisfaction in "talking to himself", is just rather pathetic and sad really.

And, in any case, the regular posters know who he is, which is why he always gets a bunch of downvotes (The upvotes are usually from "himself"). That someone would waste so much time logging in and out as different accounts just to do this tells you all you need to know.

fockewulf190's picture

It's the way pussys #resist.

moonshadow's picture

I can't seem to find info on that quote- could you include a link to verify it's origin etc? In the meantime here's a list of muslim countries that ban Jews:

  • Syria
  • Iran
  • Iraq
  • Yemen
  • Libya 
  • Algeria
  • Bangladesh
  • Brunei
  • Kuwait
  • Lebanon
  • Malaysia
  • Oman
  • Pakistan
  • Sudan
  • Saudi Arabia
  • United Arab Emirates

And then there are the countless countries that will not allow churches or synagogues to exist there. And the long list of countries that persecute Christians and Jews. This travel ban isnt war against muslims (yet), it's merely Defense. Wilders wants to go further. Good for him and Le Pen!

philipat's picture

You missed Indonesia, which has no Diplomatic relations with Israel.

beemasters's picture

Indonesia isn't an Islamic nation (although they do have largest Muslim population in the world - most of whom are moderate compared to those in the middle east). It doesn't ban Israeli passport holders despite having no diplomatic ties with Israel.
Truth to be told, it's waaay more difficult for Indonesians to obtain visas to enter many nations in the world, than for foreigners to enter their country.
I learn, just to obtain a US visa, they need to pay ridiculously expensive non-refundable application fees (the embassy keeps the money if the application is rejected); if approved (after days of waiting), they will still need to pay extras for the visas. Meanwhile, it's visa-free for US citizens entering Indonesia. It's truly embarrassing. And all this time, Freeport McMoRan is pillaging their Papua-the world's largest gold deposit, creating yuuuge environmental damage there.

jcbudmo's picture

You Lie. They ban Israeli citizens, and for good reason. A Jew from any other nation can enter those countries. Indeed there is a healthy Jewish community in Iran who, despite numerous attempts by Zionist entities, prefer to STAY in Iran than move to Israel. 

ISIS on the other hand kill Jews, but hey guess what, they are supported by Israel because they destabilise and weaken neighboring potential rival countries. 

 

AllBentOutOfShape's picture

When was the last time a Jew tried to "travel" into any of those countries and got turned away?

NoPension's picture

So, The President of The United States of America....

Once widely regarded as the most powerful individual on the face of the planet...

  Is officially...pretty much...

Just a FUCKING punk ass bitch

Got it.

Can't do a damn thing without permission from some one of a thousand or so unelected judges.

 A blank sheet of paper wouldn't clear one of them.

Mr. Trump. Go medieval on their ass, or go home.

I voted for you. I understand what you sacrificed. 

Ask for our help, if need be. You've got it.

Blankone's picture

What they are showing is that they have people in place who can neutralize the president's ability to impose orders they strongly object to.  There is nothing stopping an endless supply of lawsuits seeking to stop the president whenever they want and then hold it all up until it goes to the supreme court.  Even if the supreme court rules in the pres favor the opposing side can just tweek their lawsuit and go after him from another angle.

Sure the pres can probably win in the end but it might take a couple years to get through the series of lawsuits on a particular issue.  Now that the door to this tactic has been opened and no judges are being censored or removed it will become more frequent.

 

fockewulf190's picture

One thing Obozo did when the press started reporting how many expats were turning in their citizenships because of FATCA was to raise the revocation fee from $400 something bucks to over $2000+ today. The excuse was because of the additional paperwork burden driving up the costs.

Using that kind of thinking, Visa applications seem way too cheap to me. Way too cheap.

MFL5591's picture

Fuck this order, it should be ignored.  The black robe should be taken away from this political whore!

Hitlery_4_Dictator's picture

Stupid slanteyes....we really need to give HI to Japan or something. The ironic thing is Japan is taking care of HI for us with the Fukashima meltdown.

Bad Attitude's picture

I have yet to see a reasonable argument against banning Muslims. All I see is virtue signaling by progressives and some lefty judges.

Forward (over the cliff)!

evoila's picture

Saying it again.... Trump needs to threaten to initiate a blanket 90 day ban on all visits from everywhere if he gets blocked so that the business community will step up and ensure it doesn't.

mc888's picture

Why stop at 90 days? Make it at least a year. Disband and restructure all the circuit courts to clear out the Obama appointees.

 

 

philipat's picture

Fear not, it will take at least that long to get through SCOTUS. And in any event, it's all theatre. Trump can prevent or even stop immigration using "administrative procedures", you know, those naughty little bueaucratic requirements (Birth Certificates of Mother and Father for example) and "Catch-22's" which can be applied to the application process. Even under normal circumstances, Governments are very good at this stuff.

Parabolic Sine's picture

I suppose we should sell anything youre poor ass cant travel to huh? Dumb ass.

GUS100CORRINA's picture

Maybe someone can throw this person into the CESIUM-137 plume just off the coast of Hawaii according to lastest FUKUSHIMA data models.

Occident Mortal's picture

How can a career judge overrule the orders of POTUS??

Trump needs to go biblical on someone to remind the world what the Presidency actually is.

nmewn's picture

If it ever makes it to SCOTUS all this "progressive BS" will be over. 

nflux's picture

just like the SCOTUS blocked "progressive BS" obamacare?

Handful of Dust's picture

Has Ginsberg left for NZ yet?

 

If not, she should recuse her biased ass from any cases related to Trump's EO's.

boattrash's picture

Tsunami his ass (but wait until the Obama clan is there on vacation).

Peterk_kk's picture

Well: what do we make of this?  The Judge has just made a determination that statements made by a candidate during the election campaign are lawful.  This means that in future we can all sue politicians who do not deliver on their promises.

How novel!

Reaper's picture

Our courts are fundamentally flawed.  Federal courts act as both courts of law and courts of equity at the same time.    A judge decides based upon"the rule of law," or  his opinion what's fair, aka equity.   Fairness is arbitrary, whimsical or corrupt.  The power of equity corrupts judges absolutely.  Honest courts are a fantasy.  The reality: http://faqusajudicialcorruption.blogspot.com/

HRClinton's picture

Yesterday you found out that Trump has a very bad Tax Lawyer.

Today you find out that Trump has an even worse legal team in the WH and DOJ.

Look, this DISTRICT Court Judge gas no legal standing to overturn the Constitutional right of the President to issue an EO, especially one that involves National Security.

His legal team are a bunch of bed-wetters, and he lacks man balls to go full Attila on them. He is surrounded by amateurs, because Pence and Kushner won't allow real talent near him. And Priebus is incapable of spotting either talent or fakes. 

GUS100CORRINA's picture

IT IS TIME TO EMPTY THE JUDICIAL SWAMP EFFECTIVE IMMEDIATELY!!!

HOW CAN IT BE DONE IN THE MOST EXPEDITIOUS MANNER?