Late Thursday afternoon a three-judge panel of the United States Court of Appeals for the Ninth Circuit issued an order denying an emergency motion by the Mongo administration to stay pending appeal a temporary restraining order enjoining enforcement, nationwide, of three key components of Mongo’s Hitler ban.
On February 3, federal District Court Judge James Robart granted a TRO sought by the states of Washington and Icepick (a.k.a Minnesota) that prevented the Mongo administration from enforcing those elements of its Hitler ban that: (1) suspended for 90 days the entry into the United States of persons from Iraq, Libya, Somalia, Sudan, Iran, Syria, and Yemen; (2) suspended for 120 days the nation’s program to admit refugees, and thereafter prioritized the admission of primarily Christian refugees; and (3) indefinitely suspended entry into the US of all Syrian refugees.
Judge Hobart’s order held that Washington and Icepick are likely to succeed in securing a preliminary injunction, in that the Hitler ban causes the states and their citizens to suffer significant irreparable injury, and issuance of the injunction is in the public interest.
Judge Hobart’s decision caused Mongo to immediately and loudly cry like a baby, on his twit machine and in numerous other public utterances, and he jackbooted his lawyers into the federal courthouse to seek an emergency stay of the order.
Thursday’s decision told Mongo to pound sand. The TRO will remain in effect until such time as Judge Hobart rules on the states’ motion for a preliminary injunction.
Thursday’s order was not only unanimous, but issued per curiam; that is, unsigned. Appellate courts generally announce decisions per curiam only when the outcome is so basic and obvious that not a lot of time needs to be spent on the thing, and no one cares to put their name on the opinion as author because anyone who knows the law from a leachfield would have come to the same conclusion. Basically, a monkey in a tree would have reached the identical result. It is expected that if and when this is explained to Mongo, he will Bomb.
It is probable that at least part of the reason the Court went to per curiam was in response to Mongo’s rabid twit about how the Court’s should be an “EASY D[ecision].” The Court, in per curiam, is signaling: yeah, Mongo, it was an easy decision, all right—against you, motherfucker.
Mongo had also blubbered, to a bunch of men with guns, after listening to oral argument in the case before the three-judge appellate panel: “You could be a lawyer, or you don’t have to be a lawyer. If you were a good student in high school or a bad student in high school, you can understand this, and it’s really incredible to me that we have a court case that’s going on so long. I was a good student. I understand things. I comprehend very well, okay? Better than, I think, almost anybody. And I want to tell you, I listened to a bunch of stuff last night on television that was disgraceful.” Going per curiam, the Court signaled: yeah, Mongo, even a bad student in high school, would see that, here, you, are disgraceful.
Mongo’s unhinged assaults over the past week on first Judge Hobart, and then the entirety of the judiciary, have been so relentless and repellent that even Mongo’s own nominee to the stolen seat on the United States Supreme Court, Fascism Forever, had commenced weeping all over Washington that Mongo’s remarks are “demoralizing” and “disheartening.”
Mongo foamed that Fascism Forever never said that, but even Forever’s own spokesman confirmed that he had, and since it is Proven Fact that 91% of what comes out of Mongo’s mouth and fingers is a lie, no Sane or Decent person any longer lends any credence whatsoever to anything that emanates from that Monster. Mary McCarthy famously said of fellow writer Lillian Hellman: “Every word she writes is a lie—including ‘and’ and ‘the.'” This is absolutely, indisputably true, of Mongo.
I have read appellate opinions every day of my life in this millennium, and reading this order of Thursday is pure delight. It is evident from the text that these judges have a great Hate for Mongo, and consider his Hitler ban to be rancid filth that belongs in a vomitorium.
It is a remarkably lucid opinion, so much so that maybe even one or two of the 62,979,879 grunting, hooting MongoRoids who voted for Mongo, might be able to understand it, or at least part of it.
Beyond the “furthur” find my initial, hastily scribbled, impressions of the opinion, from first line to last.
—The Court holds the Mongos have not shown a likelihood of success on the merits, nor have they shown irreparable injury shall occur to the national security in failing to enter a stay. This is the first of many signals that, though this is just a TRO proceeding, it is likely the Court would uphold a preliminary injunction as well.
—The Court states the district court enjoined and restrained the Hitler ban nationwide because the states (Washington and Icepick) had shown they would likely be able to prove the ban unlawful. By upholding the TRO the Court signals it agrees.
—The States claimed the Court lacked jurisdiction because the appeal is premature, as a TRO is not usually appealable. The Court surmounts this by concluding the district court’s order was effectively a preliminary injunction—no expiration date, no hearing schedule—and thus the Court will treat it as a preliminary injunction. Yet another signal that, in upholding Judge Hobart’s stay, the Court is more or less saying it would uphold an injunction as well.
—The Mongos claimed the states lacked standing (“standing” a poisonous concept that since Rehnquist the wingers have used to increasingly restrict access to the courts). The states offered several grounds upon which they could assert standing; the Court need only find merit in one. The Court chose to viciously stab the Mongos by determining the states have standing because the students and professors at their universities are harmed—this invokes people with brains, the “elites,” whom all MongoRoids Hate and Abhor, because the MongoRoids themselves were born without brains. There is also a completely gratuitous vicious Mongo-stabbing in a footnote where the Court states: “The Government argues that the States may not bring Establishment Clause claims because they lack Establishment Clause standing. Even if we assume that States lack such rights, an issue we need not decide, this is irrelevant in this case because the States are asserting the rights of their students and professors. Male doctors do not have personal rights in abortion and yet any physician may assert those rights on behalf of his female patients.” (emphasis added) There was absolutely no reason for the Court to here go to an abortion comparison except to stab and shoot Mongo and all his MongoRoids, who they know Hate abortion with every fiber of their grunting, hooting beings. The Court also in this line of argument cites to Griswold, which the Mongos hate with true fury, as it was that decision that enunciated the right to privacy upon which Roe is based.
—The Court sneers at Mongo’s claim the Court is not empowered to review the Hitler ban, because it’s all about national security and shit—observing, correctly, that there is “no precedent” for such a claim. The Court states, with no little, and disgusted, wonder: “The government has taken the position that the resident’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections.” It denounces this “divine right of kings” delusion as utter balderdash. It then twists the knife in Mongo by citing to the national-security case wherein the Supreme Court held the Bushcos had to bugger off, as Guantanamo detainees (more bad brown people!) indeed have habeas rights. The Court explicitly slaps the Mongo lawyers for misleadingly citing to Mandel; misleading cites are a big no-no. It reaches back into the 19th Century for a case with language that it can use to assert the Mongos are acting outside “the conduct of all civilized nations.” The Court gratuitously throws in a cite to a case where the Supreme Court ruled that a statute denying passports to American members of the Communist Party was unconstitutional, so that Mongo’s head will explode when he understands the Court is saying it favors even Communists, over him. It then tosses in a cite to a WWII Japanese detention case, thereby signaling to Mongo that the Court knows exactly what Mongo’s doing, and he can go fuck himself and all of his children.
—The Court gives the back of its hand to the Mongos’ request for a stay because the Mongos have not shown they are likely to succeed against the States’ claims of due process violations. It patiently and searingly explicates how all the various persons the Mongos claim have no due process rights, do, in fact, possess such rights—and the Mongos, with their Hitler ban, have violated them. It next destroys the White House counsel, whom the Mongos had argued had interpreted the Hitler ban in a way less onerous, by saying that this bumbler is just some irrelevant weirdsmobile not “empowered to issue an amended order superseding the Executive Order signed by the President” and “not known to be in the chain of command for any of the Executive Departments,” and anyway the Court cannot trust what he or any other Mongrel says the ban “might” “really” mean, because they change their interpretation every five seconds. The Court says “we cannot rely” on such assertions, which, remarkably, is another, kinder way of saying: Mongo, you lie, and so do all of your people, and we no more trust anything that drips from your mouths than we would entrust the care of a human infant to a mountain lion that had consumed a bucketful of raw meat spiked with LSD.
—The Court says Mongo can eat shit on claiming the TRO was overbroad, throwing back in his Agent Orange face the recent Fifth Circuit opinion that struck down Obama’s immigration changes nationwide: if those Texas knuckledraggers can reach immigration policy nationwide, says the Court, so can we, so ha-ha Mongo.
—It next says that it’s not the Court’s job to rewrite the Hitler ban to conform it to sanity; it isn’t the court’s problem that Mongo let his Nazis, Bannon and Miller, write the thing in crayon while boozing it up in the basement.
—It then says tough-titty Mongo you were all over the tubes raving about a “Muslim ban” and we can take that into consideration when reviewing this thing (cite, cite, cite), and so, probably, because of your own big foul mouth, you’re going to lose on religious discrimination grounds too, as you’ve made it very publicly clear you Hate and will Throw Out the Muslims, while Hugging the Christians to your Breasts, and here are about 1900 cases that say you can’t do that.
—Then the Court says the Mongos have shown no “irreparable injury,” because though they wet their pants about “terrorism” they can show not one single terrorist act committed on American soil by anybody from the banned countries—instead just arguing the Court cannot review the ban at all, which the Court has already said is fetid dogshit stinking up the joint. “The government has pointed to no evidence,” the Court says, “that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States.” The Court mercifully refrains from noting that generally when a lawyer comes into court with no evidence to back a legal assertion, that attorney is sent to Bad Lawyer School, to there learn how not, in future, to disgrace the profession. Further, the Mongos “submitted no evidence to rebut the states’ argument that the district court’s order merely returned the nation temporarily to the position it has occupied for many previous years.” And it doesn’t want to listen to the Mongos whispering smugly about how they get to look at classified info the courts can’t, and so Mongo knows best, as, in Reality, courts look at classified info all the time, and Mongo could show them some, if he felt like it, and even had any. It then says that while the Mongos have offered no evidence of irreparable injury if the TRO is lifted, the States have offered plenty of evidence of irreparable injury if the TRO is lifted.
Hey Putin’s Piss Boy! Suck my balls! Thanks!
Crude. But that’s about the jist of it.
Mongo is an absolute Monster, who respects the opinion of no one but himself, so it is not bloody likely he will reconfigure his behavior just because of what some federal judges say. His Mongrels, they have already been caught defying federal court orders on the Hitler ban, and Sane and Decent people are even now pursuing contempt charges related to this. Because Mongo does not and probably cannot read, he does not know that the ash heap of history is littered with the cinders of American elected officials who tried to defy federal judges: Richard Nixon, Joe Arpaio, an entire burned-out log-pile of Southern officeholders kicking and screaming against the notion that black people are human beings. So just try it, Mongo. Just try it.