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.

[blackdog]

But the law is pretty clear here. Arguments for a stay are based on emotion from interest groups. The law is not freestyle.

[sheikdetailfeather]

I don’t know.

[ExSES]

The Ninth Circuit is the MOST LIBERAL CIRCUIT in the US. They always support the left and have a long history of being reversed by the Supreme Court! Just google "Ninth Circuit Reversals" to see how bad they are...

[ncalburt]

Was this Seattle commie judge one of those Judges than idiot bush
let get pushed thru because traitor McCain let his Rat pals push thru a bunch of holdover Clinton appointee .

Remember that stupid deal from the stupid party .

I have my suspicions .
The corporate left wing media treason outlet keep throwing around the
Bush name every time to peddle some legitimacy to this radical judge .

[be-baw]

Last I heard The earliest we will see Neil Gorsuch confirmed would be April.

[sheikdetailfeather]

Andrew C. McCarthy Verified account ‏@AndrewCMcCarthy This is point I was trying to make y'day: w/ Supremes deadlocked 4-4, 9th Cir will decide EO case.

[jimfree]

A 4-4 at the USSC is a push, it rules in neither direction. Then a lower court decision stands.

[RummyChick]

Lol..we are talking about the 9th circuit...I remember the case of harris where they went on a spree of stays to an execution. They kept doing it all night..and kept getting reversed...until finally scotus said stop it.

9th circuit isnt called the circus court for no reason.

[sheikdetailfeather]

All I know is it definitely is a Bush appointed judge and the left wants to paint him as a conservative as a result.

[sheik yerbouty]

Terminal ethnomasochism..

[Lazamataz]

A split SCOTUS decision will only postpone the inevitable. The case can be brought again (perhaps through the venue of the Federal Judge who agreed that President Trump can actually do Presidential duties), and this ‘push’ will be rectified when we get Gorsuch (April to May of this year).

[Vaden]

Here it comes. I knew this was the true battle ahead for Trump. The allies of the Left like ACLU, Soros, and the other groups are going to litigate Trump’s presidency to death. They will hamstring him at every turn.

Where do we go from here? I’m not sure.

[cynwoody]

What if the decision is 4-4 ?

The Ninth Circus decision, whatever it turns out to be, stands.

That's why SCOTUS needs to be 5-4 in favor of DJT.

[Royal Wulff]

They could do it today if they wanted.

[Jim Noble]

I love the IDEA of Trumpian Shock and Awe - but didn’t he realize he needed his government in place first?

[sheikdetailfeather]

(twitter) Neal Katyal

Some media saying ct appeals rejected govt stay.Not precisely correct.It rejected emer stay &has set briefing sched.

http://cdn.ca9.uscourts.gov/datastore/general/2017/02/05/17-35105.pdf

[Lazamataz]

Here it comes. I knew this was the true battle ahead for Trump. The allies of the Left like ACLU, Soros, and the other groups are going to litigate Trump’s presidency to death. They will hamstring him at every turn. Where do we go from here? I’m not sure.

I would offer this:

1) Litigate back, and better, and win.

2) Start solid and quiet investigations of Soros. Use the NSA database of all recorded conversations, and prepare a case to be tried in the court of Public Opinion. Start leaking the information to the public.

[Lazamataz]

I know this, but good you posted for those that don’t.

[TheCipher]

Call for an en banc ( where the entire court hears the case instead of just a sub panel ) hearing of the court.

[cynwoody]

The Democrats will be fully aware of that and use it to block Gorsuch. It will motivate their base. They We would have to go nuclear.

That is, if the Turtle from Kentucky can come through.