Posted on 02/10/2017 3:57:26 PM PST by jazusamo
A judge on a San Francisco-based appeals court has requested that the entire court vote on whether to review a three-judge panel’s decision to not reinstate President Donald Trump’s travel ban.
The U.S. Court of Appeals for the Ninth Circuit instructed the administration and the plaintiffs, Washington and Minnesota, to file legal briefs by next Thursday with their opinions about whether the ruling should be reviewed “en banc.”
That process would task the entire 11-judge appeals court at the Ninth Circuit to reconsider the case. The three-judge panel unanimously declined to lift a temporary restraining order on Trump’s executive order on immigration and refugees on Thursday evening.
The news comes as the White House has said it would likely not appeal the decision to the Supreme Court or have it reviewed en banc, and instead said it would fight for the controversial policy in a lower district court in Seattle. But White House chief of staff Reince Priebus subsequently said that the administration is still considering an appeal to the Supreme Court.
Trump also told reporters on Friday that he is considering signing a “brand new order” on immigration and refugees. Reworking the ban to be narrower could give it a better chance of holding up in court.
The three-judge panel that heard the case this week included Judges William C. Canby Jr., a Jimmy Carter appointee; Richard R. Clifton, a George W. Bush appointee; and Michelle T. Friedland, a Barack Obama appointee.
The judge who requested the vote on whether to review the ruling is unknown.
I don’t think the Ninth Circus Kangaroo Court of LOL! should be allowed to judge or review anything further ever again.
It is thoroughly discredited.
Just heard that Trump is NOT going to take the 3-0 decision to the Supreme court. The Ninth has such a bad rep.
I'll bet it was John C. Houbolt. /obscure
Meanwhile, President Trump will moot the case by rescinding the EO and issuing a new EO with the exemptions of the Directive that the 3-Judge panel ignored, deliberately ignored.
The new EO will be bullet-proof.
I think this points to winning.
Hillary, Obama and a whole bunch of other democrats just lit up the phones to the entire bench of the 9th circuit to remind them of they dirt waiting to come out, OR upping the bribe.
They are overturned 80% of the time. Normal judges would be deeply ashamed of that.
If no one is allowed in, no 'discrimination' can be shown.
Once Gorsuch is confirmed, issue new immigration rules (or not ;-).
Title 8 § 12 US Code Part II 1182 (f):
- - -
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on entry of aliens any restrictions he may deem to be appropriate.
U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part II › § 1182 (f)
[emphasis added]
...They are overturned 80% of the time...
In other words, of every ten day decisions they make, eight of those are wrong. Not even close enough for government work.
“Smart move”
Agree as far as the court goes but I think this is a liberal trap to get a huge consensus within the 9th circuit making it harder to turn over.
I don’t think they should bite. But what do I know!!
The rest of the 9th circuit knows these three knuckleheads really screwed the pooch this time-—Congress WILL break up the 9th Circuit now.
And that is going to mess up a lot of these other judges’ retirement plans.
Plus they did not want the searchlight to be on them, with their collective record of being overturned 86% of the time by the Supreme Court.
Things are reaching critical mass rapidly.
Too little, too late now.
Trump wins—AGAIN.
that Friedland cow looks like she could eat an apple thru a picket fence.
TRAP to stop the President from writing a new Executive Order.
They’ll need 6 votes out of the 11.
The 3 that voted will part part of the 11.
So they really need 6 out of 8.
Ain’t gunna happen with the 9th.
I’m thinking that rather making the new EO narrower, make it wider.
The law specifically allows for the president to stop ALL immigration. Creates a nightmare, but takes care of all the 9th’s issues.
By that time we will have cleaned out the attorneys like Bubba did...and Obama did....and Bush did....and Reagan did....
Regardless of what happens, Congress should move quickly to split the Ninth Circus. We CANNOT have “so-called judges” throwing out the Constitution for the whole country.
I have to hand it to Trump - he is bringing out all the enemies of the nation, just as we had hoped he would. Nobody wanted to touch the sacred cows - the activist judiciary, the rotten media, the Islamist enemies including CAIR which are taking over the government, the lawless liberals/left threatening violence, the corrupt, lawless bureaucracy ... ALL this stuff NEEDS to be cleaned out, and Trump has overturned all the money-changers’ tables.
We have a fighter for us. Thank the Lord!! Lord, protect and guide President Trump, for the good of all.
You are correct. In what other job can you screw up that badly and still be employed?
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