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Coequal in Tyranny: The Ninth Circuit’s Rules for Radicals
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Read the judicial rules for radicals issued by the United States Court Of Appeals for the Ninth Circuit, in affirmation of the ban on The Ban.

It follows the Executive Order issued by President Donald Trump, with the imprimatur of 62 million voters, to protect the nation from foreign terrorists entering into the United States. Two states objected to the president’s undeniably badly written Order, which, while upholding negative rights—and neither denying natural rights nor minting positive ones—was nevertheless replete with administrative errors.

Acting as coequal partners in the administrative tyranny the president is trying to break, the two states issued a temporary restraining order against “Protecting the Nation from Foreign Terrorist Entry into the United States.” (I can already hear the election midterm ads.)

In the corner for the Deplorables was a government lawyer. August Flentje Esq. had “argued” (if you can call it that) for an emergency stay of the Washington State district court’s temporary restraining order against the president. The three Ninth Circuit jurists who heard the case said no.

CAREER GOVERNMENT LAWYERS. If you’re good at what you do, you look to make it in the private sector (as our president did, before he did us a favor). If not, you seek sheltered employment (as President Trump’s predecessor did). Clearly, clerking for the Supreme Court, as August Flentje had done, doesn’t mean a whole lot.

In presenting the oral arguments for the president and the people, Flentje evinced a level of incompetence that spurred the Bench to the heights of usurpation. For example, when The Court caviled about an alleged lack of evidence for the necessity of the “travel ban,” not only did Flentje fail to provide it, but he failed to question the need for this evidence, based on the scope of the president’s constitutional, executive power in matters of national security.

Mr. President: You promised to hire the best. Alan Dershowitz is champing at the bit. Kris Kobach would kill it in any court. (Jonathan Turley is soft. Don’t touch Fox News’ tele-judges.)

Helped by the poor job stumblebum Flentje did in arguing the president’s prerogative and position, the Ninth Circuit judges usurped President Trump’s constitutional authority, substituting their own judgment for his. The three refused to lift the ban on the ban and reinstate an Executive Order that was never meant to be subjected to judicial review, in the first place.

GEORGE W. BUSH’S LAWYER. Those on the Right who opposed George Bush during his presidency (check) were vindicated yet again. In the nooks-and-crannies of our command-and-control judiciary, Bush had squirreled away a jurist as bad as John G. Roberts Jr.


Recall, Roberts, chief of the country’s legal politburo of proctologists, rewrote Obama’s Affordable Care Act. He then proceeded to provide the fifth vote to uphold the individual mandate undergirding the law, thereby undeniably and obscenely extending Congress’s taxing power. (Lazy government worker Paul Ryan still hasn’t come up with an alternative to ObamaCare, one that’ll prevent the Left from torching the country. Patience. It’s only been eight years.)

The unelected Bush appointee under discussion is from my State of Washington. District Judge James L. Robart, like Bush, would wrestle a crocodile for an illegal immigrant. Or, for potential immigrants, preferably from Iran, Iraq, Syria, Yemen, Libya, Somalia, and Sudan.

Having been granted standing by the Ninth Circuit to appeal President Trump’s Executive Order, Robart, as explained by a Daily Caller contributor, “hinged his entire ruling on a concept called parens patriae, a term meaning ‘a doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.’” It’s “ordinarily used by states to protect children and those who are incapacitated.”

Was parens patriae invoked to stop the state-sanctioned starving of Theresa Marie Schindler Schiavo? Terri was an American adult suspended in a vegetative state, whose husband wanted her dead. She was fatally denied due process by the appellate courts, state and federal.

Robart’s mission of mercy was to rescue “two visiting scholars who had planned to spend time at Washington State University” and “were not permitted to enter the United States. One was informed he would be unable to obtain a visa.” As “helpless” were “three prospective employees from countries covered by the Executive Order,” which “the University of Washington was in the process of sponsoring.” Protected, too, from “irreparable harm” were a couple of interns. Likewise, they were sponsored by WSU, a university which receives money from American taxpayers, but brags of serving “citizens … worldwide.”

This university’s mission of “global engagement” received Court sanctioned parent-like protections. In logic, this constitutes a mistake of category. I’ve never heard of a vulnerable “mission” that requires parental protection. People, not things, require protection against harm. Don’t judges—even if Sharia-compliant—follow logic?

Universities funded by American taxpayers might try doing some local engagement. You don’t need a visa to visit Washington State from West Virginia.

IRAQI, SYRIAN, YEMENI, LIBYAN, SOMALI AND SUDANESE TALENT. Despite the disconcerting push by neoconservatives in the Trump administration to conflate the Iranian people with their government, and to lump them with the rest in the Ban—you should know the following: Iranians are well-represented in our state’s high-tech industry as top talent (PhD’s galore).

I’ve yet to hear of a single coveted Syrian, Yemeni, Somali or Sudanese whom we absolutely must have here, for his unique contributions. The same applies to the poor Iraqis. Perhaps Bush killed most of them.

And if Libya had top technical or scientific talent, Hillary Clinton killed their prospects. (And with a good deal of hilarity; that broad is a natural-born killer.)

Yes, Bill O’Reilly, President Trump was correct when he asserted that, “We have a lot of killers.” Our country’s politicians have left lands not their own slick with blood. But this doesn’t mean the American people deserve to be killed stateside, which is what President Trump’s Executive Order was meant to prevent.

• Category: Ideology • Tags: Donald Trump, Immigration, Muslim Ban 
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  1. This is well stated. Kobach should be blocking and tackling on Trump’s behalf, not rotting away in Kansas. I’d be more leery about the Dersh, who sees everything through the prism of what’s good for Israel. He’d end up talking about Hezbollah and Hamas and no one else.

  2. Svigor says:

    Ultimately, this is tyranny by the establishment, most notably Congress, Academia, Big Media, and the Plutocrat class (in ascending order of importance).

    Congress has absolute power over the inferior federal courts, but they are bought off by Plutocrat money (carrot) and threatened by Big Media calumny (plutocrat stick), with Academia providing further plutocrat propaganda.

    my State of Washington

    My condolences.

  3. I hadn’t considered one possibility raised by the column: DOJ career staff will pull “quiet Sally Yateses,” and throw cases or write weak AG opinions or executive orders. Very hard problem to identify and counter.

    • Replies: @artichoke

    Is Trump keeping out the best and the brightest?

    “So let us take a look at the seven countries included in the proposed restrictions. Are they likely to be the source of large numbers of future hi tech entrepreneurs, Nobel laureates and innovators?

    The answer is almost certainly no. None of the Nobel prize winners (not counting Peace and Literature) so far have been born in Yemen, Iraq, Iran, Somalia, Sudan, Libya or Syria although there has been an Iranian born winner of the Fields medal for mathematics.

    The general level of the higher educational system in these countries does not inspire confidence that they are bursting with great talent. Of the seven only Iran has any universities in the Shanghai rankings, the University of Tehran and Amirkabir University of Technology.”

  5. Anon • Disclaimer says:

    “Sharia for feminists” is what I say.

  6. 1KoolKat says:

    The Stalling Tactic: Pres Trump has the power to invoke executive orders (eo), the courts have the power of judicial review. Trump can slightly alter each eo (the variations are endless) and flood or overwhelm the courts with eo’s thus tying up the courts for centuries, well maybe just long enough to implement the so-called vetting process.

  7. Anon • Disclaimer says:

    Surely you do not believe that Mr. Trump’s ban is to protect Americans against future crimes by the poor and backward ragheads fleeing the Middle East? You must know from your own circle of friends that the Muslim ban is no more than a cover and a distraction used by Zionists to maintain their stranglehold on America. But that too has a semblance of justice, since it allows for the American citizenry to experience the degradation of Zionist occupation, whether in Palestine or the USA.
    A measure of retributive justice, perhaps, for the blind support of that shitty, murderous, little country.

    • Replies: @Gandydancer
  8. Binyamin says:

    In real life context is everything and there is such a thing called ‘disproportionate’ and failing to see things in context. Yes, terrorism in whatever form must be defeated, yes, national security is paramount and yes, borders must be secure and there must be sufficient checks about who comes into this (or any other stable) country. But com’on folks, more people have died in US over the last decade from a gun having gone off accidentally than from Islamist terrorism. You do not condemn entire people because of the actions of a handful of lunatics. That’s what happened under Hitler and Stalin. Moreover, the way the so called ban has been implemented shows Trump’s or one should say Steve Bannon’s incompetence (the founder of Brietbert is the real power behind the throne).

    The ban includes Iranian citizens who are among the best educated and cultured people on earth and moreover, Iranians tend to integrate well wherever they settle. The ban does not include Saudi Arabia even though Saudi clerical establishment are the real godfathers of Al Qaeda and ISIS. Saudi clerics, funded by its wealthy monarchy have radicalized a huge number of disaffected young Muslims and Western converts, especially in Europe. Unfortunately, Trump lovers are too spineless or too entranced by their idol to challenge him and his administration on this. As a result of this incompetence scores of totally innocent people visiting the US on valid visas or those already having a green card have been hauled off the plane at the last minute, handcuffed, manhandled and treated like criminals. A particularly shameful case occurred when a distinguished British cardiologist was denied entry- she was on her way to California to attend a medical conference and her papers were in order, simply because, despite having lived in Britain virtually all her life, her passport said she was born in Syria.

    According to both the FBI and British intelligence, terrorism from the far right poses as much long term threat to the West as Islamist terrorism. Online radicalization of young, disaffected whites will increasingly lead to terrorism on odd occasions. The last incident of terrorism in North America occurred just few days ago when six innocent mosque goers were gunned down in Canada by an Alt Right terrorist who confessed that he was radicalized online. Now consider this interesting fact- many of the far right websites and forums which are playing a pivotal role in radicalizing young white men are managed by foreign born extremists- Milo Whatshisnamepoulus, Taki Theordoracopulas (both Greeks), Peter Brimlow and John Derbyshire (both English) and a whole coachload of East European extremists who have decamped in North America and who contribute to this radicalization process via articles and blogs. Shouldn’t the US government be consistent and round up these foreign extremists, handcuff them and take them to the nearest airport because they are a security threat?

    As far as Mercer, the failed journalist is concerned, it is a characteristic of people rather devoid of intelligence that they fail to detect irony. You cannot be an immigration patriot when you yourself are a serial immigrant with no sense of loyalty to the US of A.

    And finally to Steve Bannon, Trump’s ideological guru. Bannon and ISIS have one thing in common. They both want a war between Christendom and Islam. This Bannon instigated stupid presidential order will do wonders for ISIS recruitment. Every time I see pictures of Bannon I cannot help thinking-‘Oh my, this compulsive masturbator and wife beater is the new defender of Western Civilization’? Your are having a laugh!

  9. @Binyamin

    You come across with your know-it-all attitude as a German, and we know that the German besserwisserische “Herrenmenschen” all wanted to see HC in the whitehouse, regardless of her sordid corrupt history.

    ” This ban includes Iranian citizens who are among the best educated and cultured people on earth” : total nonsense.
    Educated in what : Philosophy, literature, music, medicine. Do you really believe that Iranian universities are offering courses in western history, culture, other than from a totally biased standpoint.

    Authenticjazzman “Mensa” society member of forty-plus years and pr jazz artist.

  10. @Anon

    ” You must know from your own circle of friends that the Muslim ban is no more than a cover and a distraction used by Zionists to maintain their stranglehold on America. ”

    No, I don’t know this. You are a nutjob.

  11. artichoke says:
    @Diversity Heretic

    You have to have 2 or 3 writing independently on each case for a while, yes very expensive. And then fire those who don’t perform well, yes as in fire for inadequate performance. I think it still can be done in government, and setting up contests like this is a way to do it.

  12. artichoke says:

    OK so in your opinion this travel ban wasn’t justified or effective or something as an exercise of the President’s powers and duties.

    The solution is easy. Get elected President yourself and then you can do it your way.

    This is also what Robart should have done before he decided to play President — especially the presumption to apply his ruling nationwide and even outside our borders, when he’s only a District Judge is stunning.

    I don’t understand the legal reason a District Judge should be able to apply any order outside his district. I’ve asked on legal blogs and not gotten an answer. Can someone explain this to me, it makes no sense and invites overreach in an obvious way.

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