Posted on 02/12/2017 5:52:47 AM PST by saywhatagain
THOMAS, Chief Judge and En Banc Coordinator:
A judge on this court has made a sua sponte request that a vote be take as to whether the order issued by the three judge motions panel on February 9, 2017, should be reconsidered en banc.
(Excerpt) Read more at twitter.com ...
Oh crap...to remain relevant, we've got to reverse this thing.
Stop with the terrorism angle, already!
The issue is, are we the people sovereign, or not? Are we permitted to make the laws by which we are ruled, or are we not?
This is why this case is so big. This is why the US Constitution is the ONLY major obstacle to world political union. Governments embodied in a sovereign, or descended from a sovereign whether by grant of rights or by revolution are themselves sovereign.
But the grantor of our national government is We the People. This is alien to both the atheist bureaucracies of Europe and to Oriental despotism. Our sovereignty must be preserved.
THAT is what this case is about.
Its been done before. Ex..last year on a voting rights issue
Too Late 9th... you had your chance!
After you pull on a tiger’s tail... don’t make the mistake of thinking you can pet it to smooth things over.
Run like hell or keep pulling.
Either way, eventually you are dead.
Saw some tweets from a lawyer making the case on why this was done and he thinks it comes from a lib judge.
This was requested by at least on if the ninth circuit judges. It means others have reacted to the decision it is not necessarily a good sign. Some of these tons may have wanted the three judge panel to go further
(Feb 10): This morning, my worlds collided as Donald Trump tweeted (without any context) a sentence from Ben Wittes’s post on Washington v. Trump.
"LAWFARE: "Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute." A disgraceful decision! "
Once again, Trump has stumbled into an important jurisprudential point. The fact that the President is exercising powers given to him from Congress, augmented by his own inherent authorities, indicates we are in Justice Jackson’s first tier from Youngstown, where judicial scrutiny is at its minimum.
8 U.S.C. § 1182(f) allows the President to deny “entry” to “classes of aliens” he deems “detrimental to the interests of the United States.”
For more in depth . . . go to
It is not an appeal. It is a request for an en bank hearing. That can be requested by either party or any judge in the circuit
Trump has set them up to mow them down. He presented evidence supporting his ban as a list of recent terrorist acts (8 years) pending terrorist charges as classified information not available to the court; after the time the court over-exerted its authority the list was publicized when the charges were announced. So he demonstrated the basis for the law, and it’s painfully obvious the court over-stepped its authority.
Possibly. My first thought was that they want to drag this out as long as possible and squeeze in as many "refugees" as they can before President Trump brings the hammer down. They know they're on thin ice.
If only that were true, unfortunately it's not. I'll make a prediction: the entire 9th Circuit Court of Appeals will meet and to a judge will vote to overturn Trump's EO halting immigration from seven specific countries that are state sponsors of / export islamic terrorism.
They'll think 'safety in numbers' is going to save them.
It's not.
NOWHERE in the Constitution is anyone other than the EXECUTIVE BRANCH charged with protecting the Nation. Period. Full Stop.
What's going to happen here is an over-turning of the Immigration and Nationality act of 1952 and the Judiciary attempting to seize more power away from the Executive and Legislative branches of our government because Democrats CANNOT WIN on this issue at the ballot box.
Period.
Yep. Trump says he will do a new EO on immigration, and the 9th wants an en banc rehearing.
I think the parties are to submit by Thursday briefs stating whether they think the court should rehear the case en banc. On Wednesday the government should tell them they need more time, just to screw with them.
The 9th just introduced America to judicial tyranny.
The scam has been exposed.
Puppys out of box.
What has been seen can not be unseen.
What has been done can not be undone.
Judges are lawless scum.
Congess has power over the judiciary.
The 9th unleashed a torent of political pressure to address the out of control unelected judiciary.
More winning. Liberals are incapable of moderating when challenges.
President Trump is a gift from God.
No, this is about the court.
One of the three, I suspect the old guy, is seeking to remove the egg thrown by the president from the court’s face.
By overturning the stay
By confirming the stay
Given the odious nature of the lawless progressive court< I suspect the latter
No way they will reverse themselves. Too arrogant, too blinded by Trump hatred, unable to admit they were wrong. As usual they are doubling down- justifying this turd sandwich and trying to find a creative way to make it bulletproof against Trump EOs etc. As usual it will backfire and ultimately be a win for Trump. Wait and see. Before Trump it would have worked. They expect Trump to bend over but he is smarter and a fighter. They never learn.
The court is relying on its judicial immunity, which encourages hubris over humility. This is an element that needs tweaking across the nation.
Congress has the ability to pass laws with an exception that court review of the law is prohibited. This has rarely been done, and may be overdue.
An en banc review, initiated by one of the active judges, at least means that someone with a shred of dignity and common sense - not to mention fidelity to her or his oath as a judge - looked at the panel's opinion and probably puked. I suspect that judge was embarrassed and doesn't want to be guilty by association with what his idiot colleagues did. Also, although it's hardly going to enhance the Ninth's reputation as an ends-oriented court, if they can get the panel opinion fixed (reversed) maybe they can restore a shred of dignity. Finally, as precedent for future cases - and all challenges to future EOs will originate in District Courts within the Ninth so that appeals will be heard by the whackos and looney-birds at the Ninth - at least one judge wants to try and get this right to discourage future appeals and litigation like this, especially on the standing issue.
Just my 2-cents. Hope this helps.
Agreed. He can play this game all day long if they want to.
Means the 9th Circus is having an “oh s—t” moment?
*************
Or....they are looking for a way to strike another legal blow to Trump (i.e., trying to hit him with a combination of outrageous decisions).
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