Posted on 02/12/2017 5:52:47 AM PST by saywhatagain
What do you think the likelihood is that court will decide to review en banc?
BTW, it looks like appellate court procedure for determination of en banc review is standardized by the Federal Rules of Appellate Procedure. Rule 35 says a majority of judges have to vote in favor:
https://www.law.cornell.edu/rules/frap/rule_35
What exactly is it about the EO that can be fixed so the new EO would be bulletproof?
I read that a lot. What precisely is wrong with the first EO that can be “fixed”?
Yup. These judges do not want to own the Syrian or Somalia refuge who charges into a school, and then slaughters a 100 little kids.
It’s too late. They own it. They will have to answer to it when it happens.
The judges are guilty of judicial overreach! They violated the US Constitution, for which they took an oath! This partisan crap on the bench is blantant and must be stopped! These judges must be made an example of! Congress can impeach them.
Judicial partisanship won’t stop unless WE make Congress stop them.
FREEPERS don’t seem to grasp that we can lose again at 9th and at SCOTUS
Unless Gorsuch whose bloom has wilted btw is confirmed first
I doubt the 9th in whole reverses mini 9th
Sessions needs another court
The Fifth Appeals would be my choice....
Congress could fix this mess
Or Trump can ignore this power grab by the judiciary
Issue an EO that all refugees go to San Francisco and Seattle.
Let them swim in the sewage they celebrate.
Who cares.
The Ninth Circus is not a court.
I would submit nothing to them.
They can reconsider their own asses.
I tend to agree. I suspect each and every judge is not only aware of the political violence in Berkeley but ALL probably know and support “distinguished academics” like Robert Reich, politicians like the Mayor of Berkeley or “Titans of Industry” like Tim Cook, Mark Zuckerburg & Meg Whitman who lead, suuport and encourage the Bay Area leftists. No sane person, not even a leftist judge wants a mob with that kind of academic, political & financial backing unleashed on them.
I suspect they’re looking for the weak link so they can feed him/her to the mob until they get overturned......again.
He is. God is a mystery with his choices. Many around here thought Cruz should be God’s choice.
They are trying to cause delays for Trump. Nothing more. They expected him to request a full court review that would take months. Since it was a 3-0 decision and the President did not take their bait, I don’t see how it can go to the full circuit court unless one of the party’s specifically petitions for that. That is why they have the subset judicial decisions in the first place (because they are too unwieldy as a group and exceptionally slow in deliberations/decisions.)
Exactly! Congress must act! You hear me Ryan!
Could this mean that the 9th Circus realized that they are no longer just the laughing stock of the country, but by their total obstructionist antics are pissing off a lot of people?
Trump is not going to play by their rules
Forget going to the USSC
Just write a new EO that eliminates the issues that they used as grounds to reject his EO
Rinse lather repeat
Back Atcha
Meanwhile while these black robed minions scurry around trying to stay relevant and by finding a new rationale to reject a Trump EO, Trump and Sessions and Kelly (and hopefully the MIA Tillerson with his seditious underground bureaucrat army at state department) steadily advance on strengthening vetting controls, even without an EO in place
If necessary let’s restrict who can authorize visas and add a DHS official at each node- checkmate
Brilliant
4D chess
And it’s too late....
....President Trump is due to release HIS strong solution tomorrow.
Checkmate
How would you get it to a different district court?
I agree it’s possible or likely we’d lose again at the 9th and then get a split at SCOTUS without Gorsuch. That 3-0 panel decision really enlightened me on just how screwed up the courts situation is.
This case stands as judicial precedent for standing and due process and unless reversed future panels of the Ninh Circuit are bound to apply the law as decided by this panel. This is why they are allowed to overrule a decision of their own panel of three members in a court with 26 active judges.
This is like a judicial abortion.
The court made a bad choice in the heat of a political passion.
Now that court regrets that choice and wants a second choice.
The division that is being attempted in the United States is a real, but fabricated event and the three judges are not stupid, they're just lefties, which is not to mean they are not intelligent.
All it takes is a couple of brain cells to see the Trump administration is adding up to We The People and does not include we the judges (as a legislative body ... which they had gotten accustomed to over the years)
By that metric.
The Trump administration is brand new, the majority Congress is yet to be tried in a Constitutional effort and THIS might have been the one that those with inside eyes could see more than we.
I say pull it, just to remove any further review by this subordinate court. Issue another EO with some esoteric change, come to US and say point blank, the lower Federal Courts have no say. They are not privy to the Security Information flow that changes by the minute so they cannot possibly have the right to review. They will not be granted the right to review ANY National Security process or info while I am President. My EO stands as written and I include clear language that those I supervise and issue directives will now be allowed and expected to perform their duties to the full extent of existing Law in an effort to keep America and it's Citizens safe! In a couple of days he's going to send them off chasing their tails on some other cock&bull ride, this will be old news. I expect he will be doing something along these lines tomorrow or Tuesday.
Near as I can figure from the 9th’s own rules:
http://cdn.ca9.uscourts.gov/datastore/uploads/rules/general_orders/General%20Orders%20Final%20Sept%207%202016.pdf
the 9th is largest - 44 judges of which 19 are seniors.
a call for en banc still requires a vote be taken by the judges (except seniors) to take the case.
en banc means a hearing by more than 3 judges. Senior judges are excluded from en banc unless they were one of the original three. Then they have to petion to be on he en bank roster.
Historically, en banc in the 9th is anywhere from 9 to 11 judges.
It usually includes the 3 original judges.
Should be interesting.
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