# Federal judge blocks President's executive order: how? **URL:** \ **Category:** Great Debates\ **Created:** [February 4, 2017, 1:50am UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953 "2017-02-04T01:50:48Z")\ **Posts on this page:** 20\ **Page:** 12
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [February 10, 2017, 2:14pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/221 "2017-02-10T14:14:55Z")
The ACLU defends the Constitution against all foes, regardless of party affiliation. If it tends to be Republicans that step on the Constitution, that is not the ACLU’s doing. ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [February 10, 2017, 2:48pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/222 "2017-02-10T14:48:55Z")
> [@smithsb](#): > > Bolding mine. Where are these tens of thousands of strawmen coming from? The countries on Trump’s list were already on a previous list from Obama without the “ban” and religious test baggage. The people who did get visas from the countries were already in refugee camps AND were vetted. The investigations took from two up to four years. There’s been no terrorist actions by individuals who went through this process in spite of Trump’s groundless bluster about “under-reporting” of terrorist incidents. His claims were rated mostly, “pants-on-fire”. > > Please explain without the “millions” and “tens of thousands” strawmen.:dubious: I don’t know … I voted for Hillary … but you, me, and the Ninth Circuit Court all want to know … those ten thousand strawmen are already in this country … try exporting Wyoming coal to China and watch how frantic Union Pacific gets fixing their railroad beds in Oregon … [wolfish grin] … ---
**Author:** ![dofe](https://avatars.discourse-cdn.com/v4/letter/d/7ba0ec/32.png) [@dofe](https://boards.straightdope.com/u/dofe)\ **Post date:** [February 10, 2017, 3:12pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/223 "2017-02-10T15:12:05Z")
> [@adaher](#): > > The NC court that overturned the voter ID law also used Republican statements about vote suppression against them as well. > > As for an example, Democrats never ending quest to end oil company tax breaks is one example. I’m not sure what case you’re referring to, but any such Republican statements about voter suppression would be relevant because it shows that the state law was based on racially discriminatory intent, which is constitutionally prohibited. Unlike race or religion, oil companies are not a protected group. If any democrats had publicly stated their quest to end oil company tax breaks, such statements would not show any prohibited discriminatory intent, and would thus not be a basis to challenge any laws passed to end their tax breaks. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 10, 2017, 3:26pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/224 "2017-02-10T15:26:45Z")
The Constitution protects all persons, protected class or not, from bills designed to punish them for supposed wrongdoing. Punishment for illegal acts is not in Congress’ bailiwick. They decide what is legal and illegal. They cannot use the law or the tax system to punish. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 10, 2017, 3:45pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/225 "2017-02-10T15:45:36Z")
> [@dofe](#): > > I’m not sure what case you’re referring to, but any such Republican statements about voter suppression would be relevant because it shows that the state law was based on racially discriminatory intent, which is constitutionally prohibited. Previous thread on issue: [Voter id rules suffer string of court losses](http://boards.straightdope.com/sdmb/showthread.php?t=800214) It’s mentioned in there that the 4th Circuit upheld a District Court decision that struck down changes to the voting rules that were designed to suppress African-American votes. Don’t have a link to the decision itself. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 10, 2017, 3:46pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/226 "2017-02-10T15:46:37Z")
> [@adaher](#): > > The Constitution protects all persons, protected class or not, from bills designed to punish them for supposed wrongdoing. Punishment for illegal acts is not in Congress’ bailiwick. They decide what is legal and illegal. They cannot use the law or the tax system to punish. They can certainly decide what commercial practices should be regulated or in some cases outlawed. ---
**Author:** ![jshore](https://avatars.discourse-cdn.com/v4/letter/j/b5e925/32.png) [@jshore](https://boards.straightdope.com/u/jshore)\ **Post date:** [February 10, 2017, 4:03pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/227 "2017-02-10T16:03:47Z")
> [@Northern\_Piper](#): > > I’ve said elsewhere that I think Roberts might be a wild card on this one. Not so convinced on that…I thought Roberts’s philosophy (that led to his decision disliked by conservatives in the ACA cases) was for the judiciary to show great deference to the legislature. I am not sure what his jurisprudence is about deference to the executive branch, but I imagine it might be similar. My WAG is that Kennedy is the more likely one to break with the other 3 conservative justices in this case. He certainly seems more attuned to issues of discrimination. ---
**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\ **Post date:** [February 10, 2017, 4:34pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/228 "2017-02-10T16:34:21Z")
> [@jshore](#): > > Not so convinced on that…I thought Roberts’s philosophy (that led to his decision disliked by conservatives in the ACA cases) was for the judiciary to show great deference to the legislature. Only when it suits him. Roberts was the one who strategically engineered the circumstances for _Citizens United_ to be re-argued under a greatly expanded scope that was entirely unnecessary. In the process, he showed such “great deference” to the legislature that the Court under his leadership not only reduced the bipartisan McCain-Feingold Act (BCRA) to a smoldering pile of rubble, but sowed such a swath of destruction that the Court managed to overrule not just one but two of its own recent precedents – _McConnell v. FEC_ in part and _Austin v. Michigan Chamber of Commerce_ in its entirety. It was one of the most flagrant acts of judicial activism in modern history. That kind of “deference to the legislature” we don’t need. Many suspect that the ACA was not a particular ideological hot button with Roberts and the Court’s moderate rulings were a low-cost way to try to establish a legacy of credibility so that the big guns could be brought out on the really important issues, as indeed they were. One of the cases seeking to overturn the ACA – _King v. Burwell_ – was so laughably frivolous that it should never even have been heard. ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [February 10, 2017, 7:21pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/229 "2017-02-10T19:21:10Z")
> [@watchwolf49](#): > > I don’t know … I voted for Hillary … but you, me, and the Ninth Circuit Court all want to know … those ten thousand strawmen are already in this country … try exporting Wyoming coal to China and watch how frantic Union Pacific gets fixing their railroad beds in Oregon … [wolfish grin] … Non-existent terrorists are trying to prevent coal shipping? 😕 ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [February 10, 2017, 7:31pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/230 "2017-02-10T19:31:57Z")
> [@Sage\_Rat](#): > > Non-existent terrorists are trying to prevent coal shipping? 😕 You don’t think there’s anyone in the USA right now capable of a terrorist act … and that just shutting down the borders will absolutely prevent any terrorist act in the USA? … a people who ride their bicycles around town buck naked once a year … Okay … The Donald has been asked to submit evidence to this effect into District Court and I guess we’ll find out then … ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 10, 2017, 9:11pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/231 "2017-02-10T21:11:07Z")
> [@Northern\_Piper](#): > > They can certainly decide what commercial practices should be regulated or in some cases outlawed. True, but they can’t pass bills with the intent of harming the businesses, and if they say out loud that this is their intent, then conservative courts can use that to throw the regulations or taxes out. ---
**Author:** ![jshore](https://avatars.discourse-cdn.com/v4/letter/j/b5e925/32.png) [@jshore](https://boards.straightdope.com/u/jshore)\ **Post date:** [February 11, 2017, 3:30am UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/232 "2017-02-11T03:30:25Z")
> [@wolfpup](#): > > Only when it suits him. Roberts was the one who strategically engineered the circumstances for _Citizens United_ to be re-argued under a greatly expanded scope that was entirely unnecessary… Hmmm…I see your point. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [February 11, 2017, 1:20pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/233 "2017-02-11T13:20:07Z")
> [@watchwolf49](#): > > You don’t think there’s anyone in the USA right now capable of a terrorist act … and that just shutting down the borders will absolutely prevent any terrorist act in the USA? … a people who ride their bicycles around town buck naked once a year … > > Okay … The Donald has been asked to submit evidence to this effect into District Court and I guess we’ll find out then … Do what you will with this, watchwolf, but you’ve used up your allotment of ellipses for the next eighty years. When you use them in this fashion, your posts read like a stream of consciousness that’s constantly losing itself in eddies. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 11, 2017, 2:31pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/234 "2017-02-11T14:31:48Z")
Yes, I just skip over your posts now, **watchwolf49** , and don’t bother reading them. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [February 11, 2017, 2:48pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/235 "2017-02-11T14:48:58Z")
> [@Northern\_Piper](#): > > Yes, I just skip over your posts now, **watchwolf49** , and don’t bother reading them. It’s easier once you master ellipse reading. ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [February 11, 2017, 4:12pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/236 "2017-02-11T16:12:03Z")
You’re welcome … ETA: The puncturation has _nothing_ to do with my poor writing skills ---
**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\ **Post date:** [February 11, 2017, 5:06pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/237 "2017-02-11T17:06:26Z")
In case no one has heard, the 9th Circuit has had a judge _sua sponte_ request a vote on having an _en banc_ hearing. The parties are requested by the Court to file briefs on the need for an _en banc_ hearing by Thursday, Feb. 16. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 11, 2017, 5:12pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/238 "2017-02-11T17:12:40Z")
Can you elaborate on what that means? Is it a judge speaking for the Court, or a single judge initiating it? ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 11, 2017, 5:23pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/239 "2017-02-11T17:23:15Z")
> [@Northern\_Piper](#): > > Can you elaborate on what that means? Is it a judge speaking for the Court, or a single judge initiating it? A single judge[initiating it](http://cdn.ca9.uscourts.gov/datastore/general/2017/02/10/17-35105_Supplemental%20Briefing%20Order.pdf). ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [February 11, 2017, 5:48pm UTC](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953/240 "2017-02-11T17:48:42Z")
> [@adaher](#): > > True, but they can’t pass bills with the intent of harming the businesses, and if they say out loud that this is their intent, then conservative courts can use that to throw the regulations or taxes out. Many politicians have said the desired effect of raising taxes on tobacco was to reduce smoking, ie designed to harm tobacco companies. You figure they could get those taxes struck down? Personally, I think you are utterly wrong. [Previous page](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953.md?page=11) [Next page](https://boards.straightdope.com/t/federal-judge-blocks-presidents-executive-order-how/778953.md?page=13)