Abundant Life Church-Springfield, Ansonia First Church of God, Berean Missionary Church, Bible Fellowship Church, Calvary Missionary Baptist Church, Calvary Open Bible Church, Cassel Hills Church of Christ, Clinton County Head Start, Cornerstone Chapel, Dayton Early College Academy, Eaton United Methodist Church, Faith Apostolic Church of Riverside, Faith Baptist Church-Greenville, First Baptist Ch. Ridgewood Heights, First Baptist Church in Kettering, First Baptist Church of Fairborn, Gateway Missionary Baptist Church, Grace Baptist Church-Troy, Grace Community Church of Huber Heights, Grace Missionary Baptist Church, Greene Inc. - Atrium, Hillside Avenue Church of God, Huber Heights Church of God, Independent Gospel Fellowship, International Pentecostal Church of Christ, Lockington United Methodist Church, Madison Ave. 1st Church of God, Maiden Lane Church of God, Maple Avenue Church of God, Mount Enon Missionary Baptist Ch., Mt. Moriah Baptist Church-Dayton, PSC Crane & Rigging, Pleasant Green Missionary Baptist Ch., Rehab Center & Neuro Devel, Shawnee Hills Baptist Church, Southgate Baptist Church, Springfield First Ch. of the Nazerene, St. Andrew United Methodist Church, St. Luke Catholic Church, St. Mary's Catholic Church-Greenville, St. Peter Church-Huber Heights, Tipp Monroe Community Services, Transfiguration Catholic Church, Troy Senior Citizens Center, Valley Peace Missionary Baptist Ch., Vandalia Church of the Nazarene, Visitation Church-Eaton, Waynesville First Baptist Church, West Enon Church of God,

blog: jamie-dupree

Legal wrangling over Trump immigration order spills into Super Bowl Sunday

Published: Sunday, February 05, 2017 @ 4:23 AM

The legal battle over President Trump's immigration order rumbled into Super Bowl Sunday, as Justice Department lawyers overnight urged a federal appeals court to lift a stay issued by a federal judge against the Trump order, arguing the President clearly has the authority to "suspend the entry of any class of aliens" into the United States.

"The injunction immediately harms the public by thwarting enforcement of an Executive Order issued by the President, based on his national security judgment," reads part of the federal petition.

Citing a federal judge's ruling from Massachusetts that left the Trump order in place, the feds argue the President's plan "is a lawful exercise of the political branches' plenary control over the admission of aliens into the United States."

Content Continues Below

The Justice Department requested an immediate stay of the order of Judge James Robart from Washington State, who on Friday night put the entire Trump immigration order on hold - but a pair of judges on the Ninth Circuit refused to immediately grant that request.

Instead, the judges issued a legal schedule that will have lawyers on both sides working through some of Super Bowl Sunday on briefs; the states of Washington and Minnesota must respond to the Justice Department by late Sunday night.

The Justice Department will get until later on Monday to reply, as the Ninth Circuit refused to issue an immediate stay of the judge's original order.

In their over 100 page submission to the appeals court, the Justice Department argues the injunction by Judge Robart is "vastly overbroad," arguing that Washington State and Minnesota have no standing to bring this challenge to the Trump immigration order in the first place.

"As the President acted well within both statutory and constitutional authorization, the relief irreparably harms our system of government by contravening the Constitution’s separation of powers," the brief states.

The Justice Department arguments also include the ruling of a federal judge from Massachusetts that came down on the side of President Trump, one that he referenced on Saturday while venting his frustration about the stay of his immigration order.

"Congress has granted the President authority to suspend entry for any class of aliens if such entry would be 'detrimental to the interests of the United States,'" wrote Judge Nathaniel Gorton on February 3.

One bottom line from the Justice Department is that Judge Gorton was on point, while Judge Robart was not.

"Judicial intrusion on the political branches’ exclusive authority over the admission of aliens, by violating the separation of powers, in itself constitutes irreparable injury," the Trump Administration argues.

The President's executive order, issued on January 27, suspends any entry for 90 days of people traveling from seven specific countries, and puts on hold for 120 days the U.S. refugee program. The order also would not allow any entry of refugees from Syria.

Popular Stories


  • iWitness7
    iWitness7 is your chance to join the News Center 7 team! Upload your videos and photos and share with the entire WHIO-TV community!