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JUDGE NAPOLITANO: NINTH CIRCUIT “INTELLECTUALLY DISHONEST”

from InfoWars:

Judge Andrew Napolitano lambasted the Ninth Circuit Court of Appeals for blocking President Donald Trump’s executive order, calling the ruling “an intellectually dishonest piece of work.”

“The statute specifically says the president on his own, by proclamation, meaning he doesn’t have to consult with anybody else, can make the decision,” Napolitano said during an appearance on Fox News immediately after the court’s ruling. “The decision to ban is not reviewable. Judges are incapable of second-guessing the president on it.”

“For that reason, he may be thinking the Supreme Court is going to invalidate it.”

Napolitano went on to call the Ninth Circuit Court of Appeals ruling “an intellectually dishonest piece of work” because it “consists of substituting the judgment of three judges for the President of the United States when the Constitution unambiguously gives this area of jurisdiction, foreign policy, exclusively to the president.”

A statute signed into law in 1952 permits the President to restrict or suspend the immigration of any class or classes of people into the United States for reasons of public health or national security.

“When the president exercises powers granted to him by the Constitution or federal statutes or when Congress passes bills, one cannot simply sue the government in federal court because one does not like what has been done,” Napolitano said in the Washington Times.

Napolitano called the decision by the Ninth Circuit Curt of Appeals to question the threat posed to national security admitting migrants from the seven selected countries “the kind of judicial second guessing – substituting the judicial mind for the presidential mind – that is impermissible in our system.”

George Washington University Law School professor Jonathan Turley also suggested the merits of the law favored the Trump administration, noting the arguments made by the Trump Justice Department mirrored those made by the Obama administration when it imposed its own immigration restrictions.
“Well, it was a poorly crafted executive order, and it was a terrible rollout,” he said during an appearance on MSNBC. “But I still think that the law favors the administration once you get to the merits. I don’t agree with many of those, some of those cases. But the courts have been highly deferential to the president, and they generally don’t second-guess.”

“I think the people also have to acknowledge that the Trump administration here is making virtually the identical argument to the Obama administration.”

Turley noted that “for all the Democrats objecting now, I didn’t hear a peep of objection from them when just last year these arguments were being made by the same Justice Department.”

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3 comments to JUDGE NAPOLITANO: NINTH CIRCUIT “INTELLECTUALLY DISHONEST”

  • PTS

    I think we’ve found Trump’s next SCOTUS pick after Ginsberg kicks off.

    • Ed_B

      Have we? Trump will want a judge who is in his late 40s to early 50s so that his influence will linger for decades after he is out of office. Not saying that Napolitano wouldn’t be a fine choice but that he is too old for having a lasting influence on America.

  • Ed_B

    ““The decision to ban is not reviewable. Judges are incapable of second-guessing the president on it.””

    Incapable or not, the US 9th Circuit Court of Appeals has a LONG history of placing their left wing radical agenda above that of the good of the nation. The law, as read on the air by several people lately, is about as crystal clear as the law ever gets and still they managed to screw it up with their political agenda. This court needs to be cleared so that it can be restarted with judges who do not legislate from the bench and who actually understand that the US Constitution is not a convenience but THE LAW OF THE LAND.

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