Posted on 02/12/2017 5:48:40 AM PST by GonzoII
President Donald Trumps gut reaction to Thursdays appeals court ruling against his national security executive order was to take the case to the Supreme Court, but there is good reason to think he should be hesitant.
Conventional wisdom is that the high court, short a justice since last years death of Antonin Scalia, would divide 4-4 on an appeal of a lower court restraining order blocking the administration from enforcing a temporary halt of the refugee resettlement program and travel from seven terrorism-plagued counties.
Such a result would leave Thursdays ruling by the 9th U.S. Circuit Court of Appeals in place. But it could be even worse for Trump. Justice Anthony Kennedys record on the bench suggests he is no lock to side with the conservative bloc on the court, according to some legal experts.
(Excerpt) Read more at lifezette.com ...
Trump seems wise enough to be doing that very thing.
Trump will come up with another way to get his “block” in place, he is not one to take “no” for an answer.
That is clear.
I ***LOVE*** seeing an alpha male in action.
Won’t take *no* for an answer. Won’t back down and roll over.
Swoon.....
This is actually long overdue!
If you look at this map of the geographical boundaries of the US Courts, you'll see the 9th is huge.
It was created when a lot FEWER Americans lived in the West, so making two, maybe even three courts of this territory makes sense.
AND, we'd have the benefit of breaking up a high level court that's out of step with the others in their constant liberalism. AND Trump would get to appoint a whole bunch of judges--especially conservative judges.
And there's even something in it for McCain. Of course there has to, why else would he do this?
What that would be is a shiny new US Court of Appeals headquartered in Phoenix, Arizona, with perhaps Trump allowing McCain to appoint some close friends to this bench. Just be CAREFUL Donald... McCain friends need extreme vetting!
McCain often has an ulterior motive.
Contrary to the just following orders crap lifelong civilians on this forum spew, our troops wouldn't fire obediently on the American people. A blatant communist coup (which those under arms would generally view this as) sets the stage to move from the war of words to the war of mortars and artillery.
Some of the Supreme court justices are too damned stupid to realize this, but I do not believe that there are five that stupid. Either way, Trump wins this.
Don't get tired of winning yet.
Before Trump goes to SCOUS, Gorsuch must be confirmed. Indeed, even then the EO needs a rewrite to make a cleaner case and appeal to Kennedy. The problem is that Kennedy has a really bad libertarian streak, meaning the order has to be clearly based on the President’s authority to exclude aliens who have no prior connection to the U.S.
I’m sure he is aware of it - word was already out that he would not appeal to SCOTUS for now and I’m sure it’s because he wants Gorsuch seated first.
And in the interests of the Children, minorities etc...the chocolate ration will be increased from 22 grams to 20 grams and all US Circuit Courts of Appeals will have two additional Judges.
John Ashecroft was on Fox news this morning and sited several cases where The President has authority on immigration. He was awesome in his support of Trump and even said the SC had already ruled that a President has the authority. He said many people were shocked at 9th’s decision.
The 9th is huge and what with the population density or CA you are correct, it is long overdue.
And of course there’s something in it for McCain.
I agree that he wouldn’t do it if there weren’t something in it for him.
Liberals don’t follow the law...they make it up on the spot and feel free to change it on a whim...they are morally deficient!!!
Even this is risky at this point...I would not put any faith in Kennedy doing the right thing on any one day....remember John Robert’s treachery!!!
“And of course theres something in it for McCain.”
This is more of a gimmick for Flake. McTraitor and him are co-sponsors. Flake is up in 18 and is a back stabbing rino
like Juan. Same old trick. Throw the base a bone shortly before the primary.
Rope-a-dope is the order of the day.
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