I recognize that there is a well justified pessimism about the likely ruling on this case by the 9th Circuit Court. But I'm predicting that they will rule in Trump's favor with perhaps some minor face saving restriction.
My reasoning is pretty simple: Ruling in favor of the District Court decision and the possibility of 4-4 Supreme Court would result in the 9th Circuit and the District Court decision becoming the "Law of the Land". A terrible precedent. It would allow any wacko Governor or perhaps any citizen to overrule a decision by the President of the United States involving a matter National Security.
I don't think the judges on the 9th Circuit Court want that decision hanging around their neck despite their natural inclination to do do. Too much downside risk. Way too much.
My reasoning is pretty simple: Ruling in favor of the District Court decision and the possibility of 4-4 Supreme Court would result in the 9th Circuit and the District Court decision becoming the “Law of the Land”. A terrible precedent.
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Legal types should jump in a confirm this, but I’m pretty sure no tied decision by the Supremes can ever be taken as precedent. It would let stand whatever was decided by the lower court, but can not be used as a precedent to decide any future cases.
I think all recetn history and evidence demonstrates they will absolutely relish it.
I'm afraid their ruling would be null and void on its face, if they ruled in favor of judge Robarts, due to standing legal precedents, existing federal law, and the Constitution - all of which validate and secure the President's absolute authority in this matter.
Ruling in favor of this lawless judge would be begging Congress to break up the 9th Circuit into smaller districts, or to even begin impeachment proceedings against those judges who joined this lawlessness.