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Judge Roger Gregory, 4th Circuit Court of Appeals

Unified Patriots by Bob Montgomery

Well, I don’t know if ‘miscarriage’ is the proper metaphor for this subject, but a lot of people use it when they are miffed at a judicial outcome, so I’ll let it ride. It is about the decision just issued by the 4th Circuit Court of Appeals in re President Trump’s infamous ‘travel ban’issued shortly after he took office, which barred entry, temporarily, to the US from certain foreign origins.
The original order was enjoined by a lower court judge and an appeals panel, then revised and reissued, stopped again by another judge and re-appealed to this 4th Circuit.

The text of the decision is obtained from CNN and it runs to 205 pages. For our purposes here, only the first dozen are used, because the arguments and decisions and summaries are lengthy and wordy and, if you have been paying attention to this topic all winter and spring, pretty much superfluous to the rhetoric already out there.

The first thing that grabbed my attention in this court decree was the list of appellants and the list of appellees. I thought it passing strange that an entire staff, entire departments and their named heads, were being sued, apparently in an attempt to get them to refuse to carry out an executive order of the President. So I guess besides Trump, the losers in this case are John Kelly, Rex Tillerson and Dan Coats, all prohibited by virtue of being sued pertaining to their “official capacities” as appointed officials from carrying out the President’s order. And that leads me to remark that should the next terrorist attack in the US occur by the hand of an entrant or entrants from one of the named countries, not only Trump, but all three of the other gentlemen and all of their staffs and the entire named departments and agencies are thus absolved of dereliction of duty or violation of oath of office or any other blame for the consequences of such an attack. Is this what lawyers mean when they talk about “precedent”? Heh. Oh, I guess they have to make sure they cover all their bases to insure the free flow of Muslims and stuff, but the Director of National Intelligence? What’s he got to do with it? He doesn’t enforce immigration orders. Oh, well. *(see below)

Then I looked at the list of appellees, or plaintiffs, which contained a lot of people named Mohammed and Achmed, but also very interestingly includes “John Does #1 and 3” and “Jane Doe#2”. Seriously? Litigants are allowed to anonymously appeal to the 4th Circuit and we can’t know who they are? Why are they allowed to maintain their anonymity? For reasons of …..national security? Heh. When we get to the point where John and Jane Doe have standing in federal court to sue for the denial of protective measures designed to keep Americans safe in their own country, we’re on the verge of something and it’s not equal protection under the law.

Next came the listing of those who had filed amicus briefs in support of the appellants and the appellees. The listing for the appellees went on and on and on and would have populated a small city. You have to laugh at some of the organizations,like the North Carolina Coalition Against Domestic Violence and the National Center for Lesbian Rights – what??? But besides the named groups, there is the generic “Civil Rights Organizations” and “Members of Congress” and “Former DHS Officials”- no need to name them;  the point, apparently, is any and all are welcome, we’re having this social justice party over here and if you breathe and have a pet cause, we want to hear from you[…]

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