Monday, June 01, 2020
Hawai'i Free Press

Current Articles | Archives

Thursday, March 16, 2017
Another Dangerous Travel-Ban Ruling
By Selected News Articles @ 5:00 PM :: 2512 Views :: National News

Another Dangerous Travel-Ban Ruling

National Review March 16, 2017 (excerpts)

We thought it well-nigh impossible to outdo the Ninth Circuit Court of Appeals for foolish, dangerous legal reasoning, but Honolulu district judge Derrick Watson has managed it….

In February, addressing itself to the White House’s original order, the notoriously liberal Ninth Circuit upheld a Seattle-area judge’s nationwide injunction on the previously unknown legal ground that immigration policy is under the purview of the judiciary. As we wrote at the time, the Ninth Circuit’s ruling was so broad as to effectively abrogate the separation-of-powers doctrine in national-security policymaking. According to the court, the president and Congress — the branches constitutionally accorded power over national-security policy — may take no actions to protect the country without the express permission of the judiciary. This would have come as a surprise to the designers of the 1965 Immigration & Naturalization Act, let alone to the Framers….

…instead of ruling on the Trump administration’s revised policy, Judge Watson has ruled on the character of Donald Trump. Watson’s ruling finds “significant and unrebutted evidence of religious animus driving the promulgation of the Executive Order.” The evidence cited includes some of President Trump’s campaign statements, as well as Rudy Giuliani’s much-publicized comments, after the first executive order was signed, that Trump wanted a legal “Muslim ban.” Conveniently, the court neglects the portion of Giuliani’s comments in which he explained that the commission set up to draft the ban focused on, “instead of religion, danger,” which helped to determine which countries the ban would target. (Federal judge Leonie Brinkema, whose injunction on the original order in Virginia Watson heavily relies on, also quoted Giuliani — and also left out that crucial bit.) While Judge Watson writes that “the Government appropriately cautions that, in determining purpose, courts should not look into the ‘veiled psyche’ and ‘secret motives’ of government decisionmakers and may not undertake a ‘judicial psychoanalysis of a drafter’s heart of hearts,’” that is, in fact, exactly what he does.

In fact, so content is Judge Watson with his searching of Donald Trump’s heart that he does not bother to weigh in on the president’s claim to legal authority. He simply concludes that the revised ban is no different from the original, and that President Trump is lying about any substantive distinctions.

Judge Watson, much like the Ninth Circuit, has conjured up a new standard of legal analysis, one in which the text of a policy is irrelevant; all that matters is the apparent motive behind it. Needless to say, this not only leads to absurd outcomes — by Judge Watson’s rationale, Donald Trump’s campaign statements proscribe his ever crafting immigration policy that affects Muslim countries — but to alarming ones, not the least of which is the effective omnipotence of the judiciary.

There’s been a great deal of garment-rending about the supposed lawlessness of the Trump administration’s executive orders on immigration. So far, though, the only threats to the rule of law have come from the courts.

read … Dangerous

NR: If any local judge can combine dovish standing rules and an ill-defined animus standard and come up with a national injunction, then Congress will no longer be the master of the truly national issues

NR: To protect the feelings of some residents, a court unconstitutionally strips power from Congress and the president.

DOJ: Hawaii ruling 'flawed both in reasoning and in scope'

WE: "The Department of Justice strongly disagrees with the federal district court's ruling, which is flawed both in reasoning and in scope," DOJ spokesperson Sarah Isgur Flores said in a statement released late Wednesday. "The President's Executive Order falls squarely within his lawful authority in seeking to protect our Nation's security, and the Department will continue to defend this Executive Order in the courts."

read … Hawaii ruling 'flawed both in reasoning and in scope'

Dershowitz: Hawaii Trump Ruling will be Overturned on Appeal

TG: …The distinguished law professor Alan Dershowitz was quick to take to the airwaves to analyze Watson’s decision and to venture predictions about its ultimate fate. Just as he had done in February, when he discussed the judicial order about the president’s first travel ban, Dershowitz pointed to the president’s broad powers in the area of immigration and confidently predicted that Judge Watson’s decision would be overturned on appeal, if not by the ninth circuit court of appeals, then by the supreme court.

Dershowitz may be right about the ultimate fate of the latest judicial imposition of restraint….

read … Overturned

Al Jazeera: Hawaii argued that the new order will harm its Muslim population  (And anything that is bad for Muslims must therefore be illegal.  Upholding Islam is the highest law of the land.)


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

808 State Update AM940


ACA Signups Hawaii



Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii



Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube


Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii