[U] Ninth Circuit UNsurprisingly Rules AGAINST Trump's Muslim Ban 3.0; On To The Supremes...

UPDATED -- 01.08.18 @ 7 AM CST: As I said he would, 45 (as of Friday) has asked the Supremes to grant cert., yet again, in these Muslim Ban 3.0 cases -- even in advance of an opinion out of the Fourth Circuit. I predict the Supremes will wait for the full Fourth Circuit opinion, then grant cert., on both the Hawaii and Maryland cases, on a consolidated basis -- in about a month. [Or about a month after the Fourth Circuit rules.] Now you know -- end, updated portion.

Tonight, buried in The Friday Night Before Christmas News Hole, we find that the Ninth Circuit has said (yet again) that Trump's Muslim Ban No. 3.0 -- in 77 page per curium opinion, no less -- is enjoinable.

The Ninth Circuit, in a show of comity and deference to the Supremes, stayed its opinion's effect until the Supremes say otherwise. And we wait for the Fourth Circuit's likely similar opinion. Then it will be back up to the Supremes. Here's a bit:

. . . .The Proclamation, like its predecessor executive orders, relies on the premise that the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., vests the President with broad powers to regulate the entry of aliens. Those powers, however, are not without limit. We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority. The Government’s interpretation of 8 U.S.C. § 1182(f) not only upends the carefully crafted immigration scheme Congress has enacted through the INA, but it deviates from the text of the statute, legislative history, and prior executive practice as well. . . .

Further, the President did not satisfy the critical prerequisite Congress attached to his suspension authority: before blocking entry, he must first make a legally sufficient finding that the entry of the specified individuals would be “detrimental to the interests of the United States.” 8 U.S.C. § 1182(f). The Proclamation once again conflicts with the INA’s prohibition on nationality-based discrimination in the issuance of immigrant visas. Lastly, the President is without a separate source of constitutional authority to issue the Proclamation. . . .

Trump has yet to win a single "on the merits" hearing -- in 16 tries now -- on his Muslim Bans. One would think he'd wise up. Actually. . . that would be asking too much of this particular pin-head.

Separately, I am watching to see what happens now -- in January 2018, when the Reagan-era PAYGO provisions kick in -- on the ill-starred tax measure he just signed impetuously before shooting back down to his private club in Florida.

The howling is going to be hell in 2018 -- against the GOP congress-critters that pushed this crazy-quilt tax nonsense through.

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