In order to stop President Trump’s travel ban, the court had to rule that the president does not have the power to decide on who can and can’t get into the country and who can and cannot stay. They ruled that Trump does not have that power. But if Trump doesn’t have that power, neither did Barack Obama, meaning all of his various amnesty Executive Orders are null and void. Say, for instance DACA for the so called Dreamers.
Obama had the Dreamers register which is convenient because they will be easy to find and deport and if they are still living with their parents, the parents can be deported, too. The work permits given to other illegal aliens will also become vulnerable and there is a database on them also. All it would take is an EO from President Trump to that effect.
The more likely scenario if Trump and his administration were to go that way would be for the Supreme Court to agree to an emergency hearing based on the fact that the actions allowed by the 9th would be irreversible. At that point, one of two things would happen. Either the liberal justices would have to reverse their positions on votes they took during the Obama caliphate that gave him sole responsibility in making immigration decisions or they would have to uphold their previous rulings, effectively killing the 9th Circuit’s ruling.
The thing that may shock you if you haven’t followed SCOTUS decisions closely is that while Ginsberg and Sotomayor would have no problem disregarding the law, the swing vote that could lead to a 5-3 ruling in the court is the Obama appointee, Elena Kagan, who has ruled against Obama in some cases. She votes liberal but seems to resist voting that way when it’s a direct violation of the law.
Look for Trump to do two things. He will dump the justice department lawyers who (intentionally?) blew the case before the 9th Circus Court by not giving the judges the 24 names of terrorists who came from the 7 countries under the travel ban. Secondly, he will have them petition SCOTUS to lift the stay imposed by the 9th.
Let the games begin.
