This morning, if Trump was some slick political snake he would look at the gift box he has and smile.
It is IMMENSE.
A rogue judiciary, overstepping the Constitution itself, in the most LIBERAL AND PROGRESSIVE appellate court in the nation, overturned by SCOTUS 86% of the time in 2012 (and how many 5-4 Scalia decisions were there in that?) has gone WAAAAY off the path of the Constitution. They must be brought back. And there is only one way.
That appellate court, the political gift reasoning would go, filled with the appointees of activist liberals, whose prime goal was to LEGISLATE against the majority, not protect individual AMERICAN RIGHTS from the mob and the govt, has now crippled the will of the people, and ENDANGERED the public in order to fulfill the progressive dialectic and ideology .
Translation for those of you not watching and listening closely to Schumer, Pelosi, Waters, Lewis et al:
DONATE MONEY AND WE WILL BEAT THESE FUCKERS
But Trump is not a slick political snake.
He is just a simple .300 hitter, whose line completes like this
He sees the ball and he swings, or not. And he will STRIKE OUT A LOT. But he drives in the run just as often. He is a DOER.
Trump has several choices now.
Retry this entire shebang on the basis of the EXECUTIVE AUTHORITY under the Constitution, call for a full panel in the 9th circuit (where, if there are 9 judges he must win over 5 of the 6 additional judges since he is behind 3-0 right now), or go to SCOTUS where he will have to depend on the 4 (so called ‘liberal’) judges not regarded as Originalists to render a decision based on precisely the authorities granted to the executive ONLY.
To go back to the beginning will take a year or more. To get a full panel weeks. To go right to SCOTUS, 2 weeks at best. Meanwhile the clock is ticking on this TEMPORARY HALT.
If the president goes back to the beginning and there is (GOD FORBID) even one lone wolf attack here from any individual from these nations, or whose PARENTS are from these nations should he or she be born here, no democrat will be able to get elected to an office of significance for 50 years.
OR...Trump can issue a new vetting procedure TODAY and SKIP any ban bearing in mind Comey’s warning:
“We can only query against that which we have collected,”
“And so if someone has never made a ripple in the pond in Syria in a way that would get their identity or their interest reflected in our database, we can query our database until the cows come home, but there will be nothing show up because we have no record of them.”
Of course this applies to any of the failed states in that list, folks from or WHO AVE VISITED, say Waziristan, Yemen, etc. If any applicant for a visa fails to pass the vetting with flying colors, for ANY REASON, including blank data, they are out. This is purely a function of the State Dept, all of whom work for the President.
Of course, a thorough review of the databases and where they came from would be in order and during that time….. NO ONE GETS IN EXCEPT by special State Dept intervention.
Meanwhile Trump owes it to every subsequent president to get this to a positive outcome in SCOTUS so that the idea that the courts can IN ANY WAY make foreign policy, limit foreign policy or dictate the migration of foreigners in to the USA, is DESTROYED forever.
That means Gorsuch - TODAY.
NOW NOW NOW
In this he holds, especially right now, the ULTIMATE CARD.
The court has no enforcement ability.
He can order the State dept to enforce his order, and fire ANYONE who refuses.
The Constitution holds only ONE punishment for this, and it ain’t happening. The President conducting FOREIGN POLICY, affecting non citizens, OUTSIDE THE USA, can never be EITHER a high crime or a misdemeanor.
And this path is WITHIN THE LAW.