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9th Circuit Court of Appeals refuses Hawaii's request to change Trump's travel ban
Washington Examiner ^ | July 7, 2017 | Josh Siegel

Posted on 07/08/2017 12:46:47 AM PDT by GonzoII

A U.S. appeals court refused Friday to clarify the scope of the Supreme Court's lifting of the blockade against President Trump's travel ban, citing a lack of jurisdiction.

Earlier Friday, the state of Hawaii had asked the U.S. 9th Circuit Court of Appeals to expand the categories of people who can bypass the travel ban.

On Thursday, a U.S. district judge had refused to act on Hawaii's request, leaving in place the Trump administration's rules regarding what classes of people to exempt from the travel ban.

The judge in that case, Derrick Watson, also claimed he did not have the authority to act on Hawaii's request.

Watson, who originally ruled to block the travel ban, said in his decision that Hawaii should bring its challenge of the Trump administration's definition of "bona fide relationship" to the Supreme Court.

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; US: Hawaii
KEYWORDS: 9thcircuit; aliens; hawaii; jurisdiction; scotus; travelban; trump
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Bump for Trump!
1 posted on 07/08/2017 12:46:48 AM PDT by GonzoII
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To: GonzoII

Well, that’s a kick in the pants, huh Hawaii?


2 posted on 07/08/2017 12:48:35 AM PDT by servo1969
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To: GonzoII; ExTexasRedhead

That’s exactly what I expected them to do. The know that they would get their pee pee’s whacked by the SCOTUS before the ink was dry on any sort of intervention.


3 posted on 07/08/2017 1:05:36 AM PDT by vette6387
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To: GonzoII

LOL. It sux to be Hawaii.


4 posted on 07/08/2017 1:15:15 AM PDT by Cowboy Bob
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To: GonzoII
A. Back Channel communications to the Ninth?

B. They knew the eventual outcome but just wanted to mess with Trump for revenge?

C. Scotus lifting the stay before they even hear the case sent red warning flares up that they are not amused?

5 posted on 07/08/2017 1:30:24 AM PDT by Fhios (We're at the mercy of the SUV generation.)
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To: Cowboy Bob

This is NOT about Hawaii . This is one asshole , our State AG , Doug Chin , the Muslim Assoc of Hawaii . and their DC lawyer , Obama buddy , Neil Katyal .Anotger quasi- American ( like Chin) .
Thisnis the time for EVERYONE and their grandmothers , to be wruting Hawaii Governir ,David Ige , and demanding he remove AG Chin.


6 posted on 07/08/2017 1:31:05 AM PDT by LeoWindhorse (America First !)
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To: GonzoII

Yeah, the 9th Circus was fine with kicking President Trump in the teeth, but doing it to the Supreme Court, their own peers higher up the chain, is another thing entirely.

Pure politics; not based on law at all.


7 posted on 07/08/2017 1:54:11 AM PDT by Boomer ("Based on the impotent shrieking of the Never Trump bedwetters"....)
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To: Cowboy Bob

Pinko state.


8 posted on 07/08/2017 2:23:14 AM PDT by EliRoom8
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To: All

every time I read “and the 9th circuit...” I always repeat the Looney Tunes theme in my head..


9 posted on 07/08/2017 2:25:26 AM PDT by newnhdad (Our new motto: USA, it was fun while it lasted.)
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To: vette6387
-- That's exactly what I expected them to do. The know that they would get their pee pee's whacked by the SCOTUS before the ink was dry on any sort of intervention. --

From the article:

In a statement, Hawaii Attorney General Douglas Chin said the ruling "makes clear that Judge Watson does possess the ability to interpret and enforce the Supreme Court's order, as well as the authority to enjoin against a party's violation of the Supreme Court's order placing effective limitations on the scope of the district court's preliminary injunction."

I haven't read either opinion yet (District Court or 9th Circuit), but if Chin's remark is accurate, my take is that the 9th Circuit just doesn't want to go out on that limb by itself. It would be happy to go out on that limb with the District Court.

10 posted on 07/08/2017 2:40:01 AM PDT by Cboldt
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To: GonzoII

Time to drag out the chastity belt!clock analogy.

Hey HI, your grandma has to stay in Syria with her explosives chastity belt!


11 posted on 07/08/2017 2:45:23 AM PDT by freedumb2003 (The Civil Rights movement compared content of their character to skin color and chose the latter)
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To: freedumb2003

Time to drag out the BROKEN CLOCK analogy!

(Stupid touch pad)


12 posted on 07/08/2017 2:47:25 AM PDT by freedumb2003 (The Civil Rights movement compared content of their character to skin color and chose the latter)
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9th Circuit Case 17-16366 : Hawaii v. Trump - 070717 Order (PDF)
9th Circuit Case 17-16366 : Hawaii v. Trump - 070717 Order (TXT)

From the 9th Circuit case, Chin did not make a request to the District Court that would result in an injunction or order - he asked for "clarification of SCOTUS order." The District Court, by refusing to render any ruling on that question, did not create an appealable case.

Chin can go back and argue that the SCOTUS order covers his grandparent or granchild US plaintiff, and ask for an injunction against the government. The District Court would have to interpret (not clarify) the SCOTUS order to decide the case.

No matter what the District Court does, that case would be ripe for appeal.

13 posted on 07/08/2017 3:02:51 AM PDT by Cboldt
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9th Circuit Case 17-16366 : Hawaii v. Trump : Emergency Motion
9th Circuit Case 17-16366 : Hawaii v. Trump : Emergency Motion

This filing includes the decision from the District Court. The relief requested was essentially a rewriting of the SCOTUS Order.

Not that the decision of the 9th Circuit actually turns on that style, only that is the reason they give for not weighing in.

14 posted on 07/08/2017 3:17:13 AM PDT by Cboldt
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To: Cboldt

“I haven’t read either opinion yet (District Court or 9th Circuit), but if Chin’s remark is accurate, my take is that the 9th Circuit just doesn’t want to go out on that limb by itself. It would be happy to go out on that limb with the District Court.”

Or maybe AG Chin is “interpreting” the combined inputs from both the District and Appelate courts that really isn’t there. I am cautiously optimistic that the subordinate courts , now that the SCOTUS has spoken, are going to be a lot more circumspect with this Liberal nonsense they’ve tried out. Plus they know that Trump is going to start actions to put new judges on at all levels which is also going to start crimping their activities.


15 posted on 07/08/2017 3:33:08 AM PDT by vette6387
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To: freedumb2003

Now we must hear about the broken chastity belt logic strategy !


16 posted on 07/08/2017 3:40:58 AM PDT by onona (Stop stonewalling Judicial Watch and release the documents)
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To: LeoWindhorse
one asshole , our State AG , Doug Chin

There are many like him, but this one is mine . . . (borrowed from) The Rifleman's Creed.

17 posted on 07/08/2017 3:45:08 AM PDT by Hardastarboard (Three most annoying words on the internet - "Watch the Video")
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To: Boomer
Yeah, the 9th Circus was fine with kicking President Trump in the teeth, but doing it to the Supreme Court, their own peers higher up the chain, is another thing entirely. Pure politics; not based on law at all.

That is exactly correct.


18 posted on 07/08/2017 3:58:58 AM PDT by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: GonzoII
The 9th Circus has,for a change,decided that they didn't want to be slapped down...YET AGAIN...by the 9-0 SCOTUS.
19 posted on 07/08/2017 4:06:46 AM PDT by Gay State Conservative (Comey = The Swamp Fighting Back)
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To: GonzoII

The 9th finally got something right.


20 posted on 07/08/2017 4:12:37 AM PDT by Sacajaweau
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