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 ...
"Before: CANBY and FRIEDLAND, Circuit Judge s.The court has
received appellants’ emergency motion (Docket Entry No. 14).
Appellants’ request for an immediate administrative stay
pending full consideration of the emergency motion
for a stay pending appeal is denied. Appellees’ opposition
to the emergency motion is due Sunday, February 5, 2017
at 11:59 p.m. PST. Appellants’ reply in support of the
emergency motion is due Monday, February 6, 2017 at 3:00
p.m. PST."
As we see, the Emergency Motion has not started before the 9th Prima Donnas. Sometime today they'll get it from the DOJ.
Correct. a 4-4 tie upholds the lower court ruling.
Start with Boston and Berkeley.
Hey, it’s the 9th Circuit. Exactly what I would expect from them. Trump needs to split the 9th into two circuits and appoint more judges to both.
i don’t believe the 9th denied the appeal - they denied the immediate stay, i believe. not that DJT has much of a chance to succeed there. wondering if admin preparing a new exec order - but we need to know what courts are objecting to. Wash judge didn’t disclose and we don’t know what 9th will say.
They should go nuclear. Hearing Monday vote Tuesday on court Wednesday.
I actually think Trump’s best move to replace Ginsburg would be to put up Merrick Garland. I think Obama named Garland for the simple reason he’s viewed as a more moderate judge - as Obama needed the Republicans in the Senate to approve him in his final year. From Obama’s perspective, trading Garland for Scalia was a great trade. For the same reason, trading Garland for Ginsburg would be worthy of much popcorn as the Dems twist themselves in knots to explain why Garland is now unacceptable — especially after squealing for the past year about getting a Senate hearing on him.
This isn’t much different than activist judges overturning the will of the people. In fact it’s the same thing because the people voted for Trump and his policies.
The question is why the hell Trump didn’t just ignore these rogue judges that are flagrantly breaking the law.
9th circuit? Shocking!
Not.
Guillotines.
Where are the protest outside this courthouse. The right doesn’t ever fight
You seem to have forgotten that both houses of Congress are filled with Republicans who agree with the judge’s order in this case.
What does delegating have to do with keeping his promises to us? CEOs know how to accomplish tasks, not postpone them like politicians.
Once again, Trump is ousting the traitors in this country (judges this time).
Don't make me laugh. The congressional Republicans show those kinds of balls and move that fast? It would disturb their Sunday brunches and evening schmooze fests with donors.
We aren't a country anymore. We're run by a collection of vicious Left-wing [blank]s no matter who we vote for, so what the [blank]! Let the jihadists flood in and blow us all to hell and back.
President Trump hasn't got a prayer of succeeding because the whole filthy Marxist apparatus and their street thugs around the world are against him. And those of us who support him are not strong enough to do anything about it.
Use Obama’s favorite trick: a Presidential Memorandum instead of an EO.
“I could go into detail but I won’t, it’s just not reasonable to expect anyone but a very few FReepers to understand appellate law.”
How sad that the majority of us here are so stupid.
I love being condescended to in the morning. /s
A couple of weeks? Try April, at best. A month, minimum, and that's if everything goes well.
StAnDeliver, many of us I am sure would be very interested to hear your thoughts. More so if you know something about the legal issues. I get quite frustrated reading through these threads, trying to find a shred of information. Yes, we all know Freepers are disgusted, etc. But all these wild statements to remove judges, or just ignore them, or other wild statements that are not in the slightest in accord with our laws and constitution..... I see that on the 2012 Arizona border enforcement case at the Supreme Court, Kennedy wrote the majority opinion, and stated very strongly that the federal government has the say on immigration. Wikipedia says, "Kennedy's opinion embraced an expansive view of the United States Government's authority to regulate immigration and aliens, describing it as "broad" and "undoubted." " Roberts, Ginsburg, Breyer, and Sotomayor joined him. Justices Scalia, Thomas, and Alito each concurred in part and dissented in part in separate opinions joined by no other justice. Yes, it is a different issue, but very recently, federal authority over immigration management was upheld by these justices in a state case. I would be interested to hear from legal beagles here if this would have any meaning for the current situation.
No. That power is granted to Congress in the Constitution. They can impeach federal judges. But fat chance ever getting Congress to do that.
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