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Judge Napolitano Rips Apart Liberal 9th Circuit Ruling Against Trump’s Travel Ban

The 9th Circuit Court of Appeals continued with their appalling display of judicial activism, upholding a temporary suspension of President Trump’s Executive Order restricting travel from seven majority-Muslim countries with high levels of terrorist activity.

And one judge is none too pleased about it.

Judge Andrew Napolitano blasted the court’s political decision, “This is an intellectually dishonest piece of work that the 9th Circuit has produced tonight,” he railed.


Via Fox News Insider:

The panel of three judges on the 9th U.S. Circuit Court of Appeals refused to reinstate the order after a federal judge had issued a halt to the order last week.

On “Special Report” tonight, Judge Andrew Napolitano said this was “precisely the wrong thing for the court to do.”

He explained that the Constitution assigns the decision-making for foreign policy exclusively to the president, with even Congress taking a supporting role.

“The decision to ban is not reviewable,” Judge Napolitano said. “This is an intellectually dishonest piece of work that the 9th Circuit has produced tonight, because it essentially consists of substituting the judgment of three judges for the president of the United States, when the Constitution unambiguously gives this area of jurisdiction – foreign policy – exclusively to the president.”

Indeed, the law is quite clearly on the side of President Trump, though none of it seems to matter to the robe-wearing activists on the 9th Circuit Court of Appeals.

The law – (8 U.S. Code § 1182) – specifically reads:

(f)Suspension of entry or imposition of restrictions by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.

It does not get any more clear than that.

Aside from ignoring the law, the judiciary is plainly ignoring the people as well. Recent polling shows a vast majority of Americans agree that Trump was right to issue a temporary ban on immigration.

It is, as Judge Napolitano said, “so profoundly wrong.”

Fortunately, unlike the courts, President Trump is willing to fight for the safety and well-being of the American people.


Let’s hope that Trump, the Supreme Court, or whichever court he pursues this in, and common sense prevail in the end. Otherwise, our country is in need of a major wake up call.

Read more at the Political Insider

Rusty Weiss

Rusty Weiss is a freelance journalist focusing on the conservative movement and its political agenda. He has been writing conservatively charged articles for several years in the upstate New York area, and his writings have appeared in the Daily Caller, American Thinker,, Big Government, the Times Union, and the Troy Record. He is also Editor of one of the top conservative blogs of 2012, the Mental Recession.

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