SCOTUS SAYS: TRUMP TRAVEL STAY TO REMAIN IN PLACE

Meaning: with one exception, the US Supreme Court upholds President Trump’s ability to keep some persons from entering the United States. The US Supreme Court has also agreed, 9 to 0, to take up the case and hear arguments in October.

From the WashingtonTimes.com:

Supreme Court revives Trump travel ban

by Stephen Dinan

The Supreme Court said Monday that most of President Trump’s travel ban executive order can go into effect, delivering the first major victory to the new administration on perhaps his most controversial policy to date.

Wait for it. Wait for it. See the photograph.

Fig.1: Leftist heads exploding across the United States. Again.

The US Supreme Court wrote today, in part:

To begin, we grant both of the government’s petitions for certiorari and consolidate the cases for argument. The clerk is directed to set a briefing schedule that will permit the cases to be heard during the first session of October.

The court also wrote.

We now turn to the preliminary injunctions barring enforcement of the 2C entry suspension. We grant the government’s applications to stay the injunctions. To the extent the injunctions prevent the enforcement of statute 2c with respect to foreign nationals who lack any bonified relationship with a person or entity in the United States.

You may read the full opinion here.

To continue with a further explanation from the Washington Examiner:

Justices said the lower court rulings that blocked Mr. Trump’s policy were far too broad, and said the president can begin to enforce his ban against foreigners who don’t already have some ties to the U.S.

That means the president can begin denying visas to visitors from six countries — Iran, Libya, Somalia, Sudan, Syria and Yemen — who don’t already have family in the U.S., or some other prior connection such as participation in an education program. Mr. Trump is also free to halt refugee admissions worldwide, with the same exception for people who already have a connection to the U.S.

The justices said Mr. Trump is at the peak of his powers when acting on national security concerns in immigration matters when dealing with people who don’t already have a tie to the U.S.

The court’s ruling was issued in an unsigned unanimous opinion, though Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch said they would have gone further and lifted the entire injunctions.

Let me be blunt. The US Supreme Court has essentially told the 4th and 9th District Courts of Appeal their rulings are illogical — and of course they were. The are, as I termed them, fake law.

Of great import are two points: first, that the Supreme Court held unanimously, 9 to 0, to grant this emergency stay. Then, in the opinion itself, not once was there a reference to there being a “Muslim ban” nor was there one reference to Trump’s campaign rhetoric for an extremely critical reason: it’s not pertinent to the case at hand. Further, Justices Gorsuch, Alito and Thomas all said they would have gone even further, enforcing the ban in full.

This is a massive win for Conservatives and President Trump, and a massive loss for Demorats and Leftists. Gorsuch was a win. This is a win.

More to come.

BZ

P.S.

Can you guess just what the American Media Maggots are NOT covering today? Correct. That would be the US Supreme Court ruling in re Trump’s travel ban.

Gosh. I wonder why.

 

Trump to get second and likely third SCOTUS nomination

And trust me, the Demorats’ blood pressure right now is going 210/190. Numerous camshafts are being thrown and an abundancy of Leftist heads are exploding.

They just can’t seem to get a break.

From the AP.org:

Big cases, retirement rumors as Supreme Court nears finish

by Mark Sherman

WASHINGTON (AP) — The Supreme Court enters its final week of work before a long summer hiatus with action expected on the Trump administration’s travel ban and a decision due in a separation of church and state case that arises from a Missouri church playground.

The biggest news of all, though, would be if Justice Anthony Kennedy were to use the court’s last public session on Monday to announce his retirement.

I received information in January of this year that another opening was coming for 2017 following Antonin Scalia’s passing, which was filled by Neil Gorsuch. Imagine that. Turns out I’m likely correct.

Of course, I’m not the only one saying it, but I was the first to say this publicly. Iowa Senator Chuck Grassley indicated this was likely in April. Senator Ted Cruz spoke about the likelihood while addressing the NRA in May.

Statistically speaking, let’s remember that two justices, Ruth Bader Ginsburg and Anthony Kennedy, are in their 80s, and Justice Stephen Breyer is 78. I call that a clue.

Overall, Demorats have taken a few blows recently. They are in a significant kerfuffle. You know: disarray. Confusion. Even insanity as, reading the news, you see they are doubling down on what hasn’t worked. They are leaning into the punches. Yay team.

Even the New York Times, the old Gray Lady herself, bleeding readers and hemorrhaging advertisers, admits The Donald is winning. As “bad” as he is, Hillary Clinton was obviously worse and continues to be so. Her saliva still breaches Demorat decks and hulls not unlike that of the Alien creature.

Demorats are 0 for 4 in recent special elections yet, listening to them and to their paid cheering section, the American Media Maggots, they had it all in the bag because these elections were going to be a “referendum against Trump.” $23 million dollars was spent on the Jon Ossoff election in Georgia, the most expensive House race in history. George Soros money. Leftist money. Celebrity Leftist money. Cash from everywhere except the contested district. Despite all that, Republican Karen Handel handed Ossoff his own head.

Speaking of AMM cheerleaders for Leftists, Newt Gingrich suggests:

Shockingly, the NY Times in a brief clear-headed manner writes under Maureen Dowd:

Democrats cling to an idyllic version of a new progressive America where everyone tools around in electric cars, serenely uses gender-neutral bathrooms and happily searches the web for the best Obamacare options. In the Democrats’ vision, people are doing great and getting along.

The Demorats are still following Hillary Clinton’s “it’s my turn, dammit, because I’ve paid the dirty political price to get here no matter my song, no matter my content.” Demorats hate that they still have to represent the little people, the proles, the serfs, the groundlings, the rabble, the unilluminated and unwashed in the inconsequential flyover states. They hate that they still have to represent a few Caucasoids. They hate that they still have to realize there is actually a pitiful smattering of life outside the DC Beltway or New York or Los Angeles or Chicago or San Francisco. They hate that they can’t attend even more cocktail parties in DC or tool around in larger limousines or spend with no limitations whatsoever. They hate that they may appear to be a bit responsible for their decisions though, thankfully, they haven’t fully gotten there yet.

In the meantime they have Russia and they have identify politics and they have Russia and they have race and they have Russia and they have gender and they have Russia and they control all the -ists extant.

What, truly, are the Demorats? They are the Party of No.

A few final points.

1. The Demorats made a rather stupid mistake by insisting the Republicans push they so-called nuclear option on SCOTUS nominees, thinking they would do no such thing. 51 is now the magic number. Button pushed.

2. With Neil Gorsuch on the SCOTUS bench, the Supreme Court is mostly back to where it was when Scalia was alive; that is to say, with Kennedy being a bit of a major pendulum.

3. If a second opening occurs — and it will — resulting in President Trump’s installation of a true applier of law instead of a shill for Leftists, momentum will move to the right in terms of decisions.

4. Notice a trend? I do. It’s only 2017. What do you think the possibilities are that, between now and, say, 2019 or 2020 another Supreme Court justice retires? I’d wager the likelihood is rather high.

5. If Trump acquires a third nomination and keeps the Senate, the Supreme Court will be more conservative for at least another generation. Case closed.

I can hear the overpressure building from here.

BZ

 

Neil Gorsuch confirmed as SCOTUS associate justice

From FoxNews.com:

Gorsuch sworn in as Supreme Court justice ahead of key cases

Justice Neil Gorsuch, vowing to be a “faithful servant” to the Constitution, was sworn in Monday to the Supreme Court, capping a grueling confirmation process and filling the seat once held by the late Antonin Scalia. 

The latest addition to the court was sworn in at a public ceremony in the Rose Garden. Justice Anthony Kennedy – Gorsuch’s former boss – administered the Judicial Oath, the second of two Gorsuch took.

“To the American people, I am humbled by the trust placed in me today,” Gorsuch said after taking the oath. “I will never forget to whom much is given to much will be expected, and I promise you that I will do all my powers permit to be a faithful servant of the Constitution and laws of this great nation.”

At the ceremony, President Trump called Gorsuch a man of “unmatched qualification” and “deeply devoted” to the Constitution.

“I have no doubt you will rise to the occasion, and the decisions you make will protect our Constitution today and for many generations of Americans to come,” he said.

The second of my two primary Trump Voting Factors has occurred. Antonin Scalia’s position on the US Supreme Court has been filled with a Scalia-like jurist.

The WashingtonPost.com writes:

Gorsuch will be put to work immediately. The court meets privately Thursday to consider cases for the next term. On the list is a plea that the court decide whether the Second Amendment grants a right to carry firearms outside the home. Another case asks whether businesses may refuse to provide wedding services to same-sex couples.

Next week, the court begins its last round of oral arguments for the term. Gorsuch, who in the past has defended the rights of religious objectors to laws they say violate their beliefs, could be the deciding vote in a major “separation of church and state” case from Missouri.

The timing is perfect and, for once, I have to tip my hat to Senate Majority Leader Mitch McConnell. He persevered in terms of enacting the so-called “Joe Biden Rule” and held his mud against the firestorm that resulted from the Demorats. Let us review the rule:

McConnell took serious heat but kept on track. Further, he displayed spine in terms of activating the nuclear option in the face of the Demorat filibuster.

It is possible the court may reveal that it is deadlocked on several cases it has heard this term. The court, with four liberals nominated by Democratic presidents and four mostly conservative justices picked by Republicans, would schedule rehearings in those cases so Gorsuch could break the ties.

Moreover, one of the most important cases for the GOP and conservatives is just around the corner.

And in a matter of weeks, the court might be called upon to get involved in Trump’s second travel ban targeting refugees and people entering the United States from certain countries.

In some ways, Gorsuch is the prototypical justice. He is the 109th man among the 113 justices in the court’s history. All but two of the men were white. He is a favorite of the conservative legal establishment and has family roots in Republican politics.

Like five of his colleagues, Gorsuch attended Harvard Law School; the others went to Yale. He was hired as a Supreme Court clerk by fellow Coloradan Justice Byron White. Because White had retired by then, Gorsuch was loaned to Kennedy for the 1993-94 term.

He becomes the first former clerk to serve on the court alongside his boss.

GOP 1, Demorats and Leftists, 0.

BZ

 

54 to 45: Judge Gorsuch confirmed

Following a filibuster by the Demorats and the subsequent enabling of the “nuclear option” by the GOP on Thursday, Judge Neil Gorsuch was confirmed as the newest associate justice to the US Supreme Court on Friday, by a Senate vote of 54 to 45.

The installation of Neil Gorsuch removes the confusion experienced by SCOTUS and the confounding issue of cases being returned to their originating DCAs. That is to say, if, during an opinion, SCOTUS had a 4-to-4 tie, the opinion of the lower court held.

This now at least gives the court the ability to reach majority decisions of 4/5, 5/4, a highly important difference.

Judge Gorsuch will be officially sworn in on Monday, April 10th.

BZ

 

Big Red Handle: pulled

The GOP said they’d do it.

The Demorats filibustered Judge Neil Gorsuch for SCOTUS. They didn’t have to. It was their decision.

So the GOP pulled the Big Red Handle.

John McCain thinks they’re “idiots” for having done so.

In the end, however, McCain voted in the same fashion as all the other Republicans in the senate.

From CNN.com (who says I’m not egalitarian?):

Senate GOP triggers nuclear option to break Democratic filibuster on Gorsuch

by Ashley Killough and Ted Barrett

Washington (CNN) The Senate Thursday triggered the so-called “nuclear option” that allowed Republicans to break a Democratic filibuster of Supreme Court nominee Neil Gorsuch.

The chamber is now expected to vote to confirm Gorsuch Friday. The controversial changes to Senate rules, made along partisan lines, allows filibusters of Supreme Court picks to be broken with only 51 votes rather than 60.

The actions on Thursday and Friday cap more than a year of tension over an empty Supreme Court seat, as both parties in the Senate are poised to take action leading to an outcome neither party wants.

It’s a situation loaded with nuance, procedural twists and Senate history — not to mention a spot on the nation’s highest court — and a standoff that reflects a peak in polarization following a deeply divisive presidential election.

The move came after Democrats blocked the nomination under the previous 60-vote threshold. Only four Democrats — Sens. Michael Bennet, Joe Donnelly, Heidi Heitkamp and Joe Manchin — crossed party lines to side with the Republicans.

Subsequent party-line votes allowed the GOP majority to change the rules, leading up to the final vote breaking the filibuster. After the final vote was gaveled, Senate Majority Leader Mitch McConnell went down his row and gave high fives to Majority Whip John Cornyn and two aides.

Here, however, is a very interesting article from the NYT.com:

After Senate Filibuster’s Death, Somber Lawmakers Seek Path Forward

by Jennifer Steinhauer

WASHINGTON — The conventional Washington wisdom dictates that the end of the judicial filibuster is also the end of life as it is currently known in the Senate.

In truth, it may not make that much of a difference at all. In an unexpected way, it may well herald the beginning of a better era for the Senate.

The Senate Republicans’ successful effort on Thursday to end the 60-vote threshold to proceed with confirmation of Supreme Court nominees was really only the final step in a process set in motion by Democrats in 2013 when they removed that threshold for other nominees.

That set off a far bigger firestorm, and Republicans now have simply extended that precedent.

Republicans are quick to point out — and many Democrats privately agree — that had former Secretary of State Hillary Clinton won the White House last year, and Democrats taken the Senate, a similar confrontation was likely in the other direction, and that Democrats may have needed to take the same step as Republicans took to confirm any Supreme Court nominee that Mrs. Clinton had chosen.

Color me gobsmacked, now, because the New York Times just allowed a bit of truth to creep out of an article. Yes, the Demorats would have done precisely the same thing had they been in power. Because of this, I have a sneaking suspicion that Jennifer Steinhauer may not quite have a loving, hallowed and lengthy work future at the Gray Lady.

If you wish to see how all the senators voted, please click here.

The move came after Democrats blocked the nomination under the previous 60-vote threshold. Only four Democrats — Sens. Michael Bennet, Joe Donnelly, Heidi Heitkamp and Joe Manchin — crossed party lines to side with the Republicans.

Manchin described Thursday as a “very sad day,” saying the Supreme Court won’t have “have a check and balance” system in which the minority has input on future justices. He argued that senators will “rue the day that this happened.”

“They all know what goes around comes around,” Manchin told reporters. “I was just extremely sad.”

And yes, in a way it was extremely sad. But it was the Demorats who decided to filibuster what is fundamentally a good, honest, serviceable and dedicated individual like Judge Neil Gorsuch who has continued to maintain that he has and can remain independent in his opinions from the bench. He follows the law and allows it to inform and guide him. He does not, unlike Demorat/Leftist judges, attempt to create transformative new law out of thin air where precedent does not primarily exist.

Both sides blamed each other for the episode. Democrats blasted Republicans for using the workaround. Republicans, meanwhile, said they felt they had no other option because of the Democratic filibuster.

But the real truth comes next, from Orrin Hatch.

“For the life of me, I don’t understand why the Democrats made such a fuss about this (nominee),” said Sen. Orrin Hatch, R-Utah. “They look stupid. The next one, I mean I expect Armageddon.”

CNN spoke to Senator Hatch on Thursday.

I feel compelled to repeat some things I’ve written before here on the blog and stated on my radio show — which is on tonight, by the way, the Bloviating Zeppelin’s Berserk Bobcat Saloon, at 8PM Pacific and 11PM Eastern tonight on the SHR Media Network. At the appropriate time click ON AIR to listen.

Republicans, on the other hand, argue Gorsuch answered more than 20 hours of questions and was abiding by what’s known as the “Ginsburg standard” so as not to show his cards on how he’d rule in cases that may come before him.

Hitting back against the argument that he’s extreme, Republicans say Gorsuch sided with the majority in 99% of his opinions as a federal judge in the past decade, and the GOP said that of the 2,700 cases he has ruled on, 97% were decided unanimously.

On Friday at 11:30 Eastern, the senate will vote up or down on Judge Neil Gorsuch. A majority vote will yield confirmation.

There will be Armageddon as Hatch suggests. I have it on good information there is a chance that, later this year, another opening on SCOTUS will occur. I believe that President Trump will deign to nominate an individual not unlike Judge Gorsuch. That will tend to move the court to the right. Further, as this is only 2017, there is every chance that between now and 2020 there will be another opening on SCOTUS and the opportunity for President Trump to nominate a person similar to Judge Gorsuch.

If this is true, and I believe it so, this may impact the US Supreme Court for, literally, decades to come.

So yes, the Demorats were rather stupid to filibuster Judge Gorsuch.

What will be the immediate result of this? Will the Demorats become even more obstructionist than they are now, considering there are over 1,000 vacancies still requiring installation in the Trump presidency?

Time will tell.

BZ