Courts 2 – 0 Drumpf
“The government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States,” the ruling said.
It also rejected the argument that the president had sole discretion to set immigration policy.
“Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all,” said the ruling. “We disagree, as explained above.”
Start with Marbury v. Madison, 5 U.S. 137 (1803) and read some judicial history. Telling an Appeals Court that it can’t review the actions of the Executive branch is a loser. Even Drumpf’s Supreme Court nominee is unhappy with Fraudulency’s attacks on the Federal courts.
Sally Yates was right – DoJ has no way to defend this turkey. Telling the Ninth Circuit that the President can do whatever he wants without any ‘checks or balances’ was never going to fly.