Appeals Court Denies Justice Dept Motion to Lift Travel Ban Restraining Order [9th Rebuffs Trump]

ABCNews ^ | February 05, 2017

[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.

[Alberta's Child]

Why would passing a bill do any good if the EO reflects the plain language of an existing statute?

[john barr]

bingo

[silverleaf]

We will have to disagree
Imo trump is not doing just fine
He has not got his cabinet in place and has not established a network of subordinates to carry through on his directives
He ends up spending way too much time dealing with low tier people setting up booby traps and getting mired in litigation
You don’t have to be. CEO to have been in organization management
Somehow I doubt he ran his businesses using the “ bull in a china shop” management technique
Maybe his sons actually implemented his directives downward through the management chain in a less chaotic way
Other than Ivanka I don’t see that anyone has his back here
Don’t trust Bannon
Wth was Flynn on the Yemen raid Seals going into a camp full of women and kids? ? Why is Trumps UN ambassador talking like Victoria Nuland?
KellyAnn Conway is off the rails engaging in Twiiter feuds with the nonrelevant idiot Chelsea Clinton, building her up as a public entity
Wtf
When Sessions is finally confirmed I think he will take a lot of this heat off the boss and take the lead on this, maybe show Jim Kelly how to ride the federal bureaucracy
if Bannon will allow it

[SueRae]

9th circuit. That’s all I needed hear. I hope Trump gets the opportunity to replace a few...

[Bryanw92]

>>This actually can be used by Trump. Shows the importance of the Supreme court to be in place to ‘back the will of the people.’

I believe this is Trump’s purpose in making this situation occur. He wants us to fighting mad so we call our Senators over the SCOTUS nomination.

[DaveA37]

I can see the travel list now as the terrorist Muslims quickly line up to infiltrate the U.S. BEFORE Trump gets the “go ahead” on his travel ban. The libs may have won the battle but the war is not yet over. I would expect the lib judge(s) that are blocking Trump at ever corner will be on the un-employment list in the not to distant future. They HAVE TO BE replaced with judges that have a brain.

[Bishop_Malachi]

The only way Trump needs to “go around the Courts” on this matter is to ignore them on it. Andy Jackson did it...so can Trump.

[Presbyterian Reporter]

It certainly looks like the Leftist Judges and their leftist leadership preplanned this.

First, have a judge in the 9th circuit issue an order to stop Trump.

Second, wait for Trump to appeal and then immediately deny the appeal.

[cvq3842]

The left is strange. When it comes to the Voting Rights Act, which singled out several Southern states based on conduct that occurred 50 years ago, liberals are fine with “singling out” these states, presumably for all time. But when it comes to a 90 or 120 day “time out” with respect to several states with terrorist activity TODAY, the left goes nuts. Mainstream outlets haven't even described the executive order - all they do is cover the protests and run stories about families torn apart.

And of course, when it comes to the US, the left favors the “First Americans” over the “newcomers” when Native Americans and the rest of us are in conflict. But of course when it comes to brand-new immigrants (not the people descended from generations of immigrants), the newcomers are the virtuous ones. And the left never champions the “indigenous populations” of England, France, Germany, etc.

Seems like the underlying principle is hatred of Western civilization and American and European culture. Who are the real bigots?

[cvq3842]

I found it amusing, but sad, that George Takei came out against the “Muslim ban” because he was interned as a child (by a Democratic administration). Takei is gay. I can't imagine why, if he thinks there is a Muslim “ban” (not an internment) he would be so upset. Gays are not treated well in many Muslim countries, to say the very least.

[Revolutionary]

The law is very clear that in this matter the judges have no standing. Trump just needs to drag his feet and slow the whole process down to a crawl until getting Justice Gorsuch on the bench. Trump needs to further define what “during good behavior” means for a judge. Legislating from the bench or clearly not following the law should be a high crime or misdemeanor.

[SoFloFreeper]

Lawless.

I want these black robed thugs held accountable.

[TheStickman]

You are in for a miserable 8 years then while Trump eliminates Obama’s un-Constitutional progressive foundations.

You’re vision of how Trump’s doing his job thankfully has no relationship to reality.

Wishing you a great Sunday. Peace.

[Ray76]

The issue is not the issue, it is a vehicle to attack Trump. Remove the object of their attack and let them chock on their rage.

[Ray76]

chock s/b choke

[TheDon]

The check is to impeach judges for malfeasance.

[ncalburt]

You are peddling the evil Bannon BS Saul Alinksy left wing media talking point here.

Your doing the lefts dirty work here spitting out basically Word for word.

The Dems and radical left wing need a boogie man and Bannon just like that lobbyist hack Rove is the one assigned that role.

snap
out of it.

[datricker]

I’ve been saying this for several months now Congress can deestablish a circuit court via a vote. This is perfect opportunity the ninth circuit is my ideal candidate for the axe. I believe newt Gingrich was talking about how this can be done procedure wise several years ago on greta . Congress is the check I think. I only play constitutional lawyer on freerepublic.

[Old_Grouch]

Wait a couple of weeks for the confirmation to take place and swearing in.

Do you really think Gorsuch can be sworn in within a couple weeks? I have read estimates of April 15.

[Concentrate]

I found it amusing, but sad, that George Takei came out against the “Muslim ban” because he was interned as a child (by a Democratic administration). Takei is gay. I can't imagine why, if he thinks there is a Muslim “ban” (not an internment) he would be so upset. Gays are not treated well in many Muslim countries, to say the very least.

I have no idea who this apparently Japanese gay is, but you can't really blame people such as women, so-called blacks, and Hispanics for being anti-Republican party when it harbors very hateful people. It's been going on here right before my eyes for 20 years.

It takes geniuses like Milo to see beyond this stuff, but not everyone is a genius.

They just pick the pretty box with the evil core, which is the Democrat party.