[ding_dong_daddy_from_dumas]

The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.

The Obama judge voted against the wall and the Bush judges split 1-1.

[kiryandil]

The order was signed by Judges Richard Clifton, appointed by President George W. Bush, and Michelle Friedland, an Obama appointee.

Ninth Circuit Judge N. Randy Smith, appointed by President George W. Bush, dissented.

Smith accused the majority of creating “a constitutional issue where none previously existed.”

“We have no right to expand the Judiciary’s role in this manner,” he wrote.