Posted on 02/05/2017 12:58:56 AM PST by Steelfish
Appeals Court Denies Justice Department's Motion to Lift Travel Ban Restraining Order By DEAN SCHABNER DAVID CAPLAN Feb 5, 2017 The U.S. Court of Appeals for the 9th Circuit announced early Sunday morning that it has denied the Department of Justice's emergency motion -- filed late Saturday -- to issue an immediate stay on a Washington State judge's temporary restraining order of President Donald Trump's controversial travel ban.
"The court has received appellants' emergency motion (Docket Entry No. 14)," read the order from the appeals court. "Appellants' request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied."
Lawyers from Washington State and Minnesota, who brought the challenge to court in Seattle, have until Sunday at 11:59 p.m. Pacific Time to file a response to the Department of Justice's request. The Justice Department then has until Monday 3 p.m. Pacific Time to file a reply brief.
Lawyers for the Department of Justice argued in the filing that the restraining order is "vastly overboard," and it "second-guesses" the commander in chief.
(Excerpt) Read more at abcnews.go.com ...
You are assuming that justices Kennedy and Roberts would strike this down. I believe they both are corrupted. The Dems will pull out all stops to ensure they vote against Trump here, just like they did for Obamacare. This is everything to them. All the marbles. If they can’t move the third world to the US, they are done. (They are done if all the headchoppers come in anyway, but they’re to stupid to care.)
The White House should ask for an immediate Supreme Court ruling.
When they were ignored, that's when they dragged people out into the street and applied tar and feathers.
It was the precursor to the American Revolution.
After millions of Americans are killed in a large scale islamist attack from within, will it then be ok to ban terrorists, if we ask nicely?
“The White House should ask for an immediate Supreme Court ruling.”
What good would that do? The SC is 4-4 ate best. The only hope I see is for Kennedy to overrule the WA Judge. They will ask for a full SC hearing which might take long enough to get past the temp ban, or at least until we have AG and maybe a better EO.
Loo0ks like there will be a hearing on Tuesday.
And in 235 years how many times has THAT happened?
The good news is that THIS will fuel public support for sane judicial nominees — especially in the supreme Court.
Let me get this correctly: it is commonly accepted that preisents can defend the country by taking immediate military action against a threat to the country for up to 90 Or however many days without congressional approval, yet a non military action against a threat to the country can be struck down by a judge?
In the limit, This seems as if it will cause presidents to shed blood in order to defend the country as a matter of internal protocol to help prevent activist judges from dictating foreign policy and diplomacy in particular. Ultimately the judge seems to want to cause the self destruction of the USA ...
‘The liberal judges are writing laws and the American Citizen will provide the ink with their blood.’
Exactly. Clear as glass — no hiding in the shadows on this issue anymore. Unelected judges acting as legislators [unconstitutionally] who will KILL innocent people for the sake of a freakish Dark Ages religion.
“You seem to have forgotten that both houses of Congress are filled with Republicans who agree with the judge’s order in this case.”
EXACTLY!!
And remember this was only a 90 day temp policy. I can’t see any way to get this ball rolling again in the short term other than draft another EO. Suspend all non essential visas until further notice.
Not a surprise. That’s why we need reasonable judges on the Supreme Court.
This is just lefties in the courts slow walking to what even they know to be certain defeat.
Drag it out, and another 3-4000 people get in.
Be a hero. Obstruct.
We’ll see a lot of this over the next couple of years. Suicidal judges, lawyers and government employees “answering to a higher calling”, without regard to the law.
Each and every incident must be met with the highest punishment the law will allow. To include impeachment for judges...something that TERRIFIES Republicans in Congress.
That's where you're wrong.
I had an interesting conversation last week with a professional colleague who immigrated from the Middle East more than two decades ago.
He lives in one of the most reliably leftist parts of the country -- in a state where even the most "conservative" Republican politicians wouldn't dream of issuing an EO with even just a 90-day delay in visa applications from seven countries. And yet he's afraid for his family's future here in the U.S.
These people know better than anyone else just how damn useless a judicial order is when the sh!t hits the fan.
Not really. It is the 9th Circuit, so it would be expected. The 9th is a really awful circuit. Some years ago, I read an article that said that the 9th Circuit was the most over-turned court circuit in the country. Hopefully, that will continue and Trumps immigration order will stand.
In a worst-case scenario, the FAA can simply suspend all flights to the U.S. from any country that allows immigrants from those seven countries on Trump’s EO list to board a U.S.-bound flight.
The commie Carter and Obama appointees did not allow room for the government to appeal to the USSC. They did not decline to hear the case and have scheduled the delivery of arguments by COB Monday.
A refusal would have allowed an immediate appeal to the USSC and Kennedy will have issued the stay pending a full hearing and resolution.
They are pulling every trick in the book to slow walk this case. And I expect them to continue same next week.
They do not want to see final adjudication as it is not likely to favor them. And the longer they drag it out, the more they can crow about Trump’s “lawlessness”.
The landmark National Labor Relations Board v. Noel Canning ruling was a perfect example of this. This was the case involving Barack Obama's illegal use of recess appointments to fill NLRB leadership positions without Senate approval.
The U.S. Supreme Court ruled 9-0 against the Obama administration in that case.
DHS did that yesterday. Didn't you hear?
This one kook in a black robe has effectively dethroned the President, and now the DHS answers to him!
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