My reasoning is pretty simple: Ruling in favor of the District Court decision and the possibility of 4-4 Supreme Court would result in the 9th Circuit and the District Court decision becoming the “Law of the Land”. A terrible precedent.
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Legal types should jump in a confirm this, but I’m pretty sure no tied decision by the Supremes can ever be taken as precedent. It would let stand whatever was decided by the lower court, but can not be used as a precedent to decide any future cases.
You could be right about that. But temporarily it would function the same and the lawsuits and the immigrants would fly.
But, precedent or not, the 9th Circuit Court judges will be looking at the likely reaction by their fellow lawyers to a clearly illegal usurpation of Presidential authority by the plaintiffs. Fear of being laughed at is a powerful force.
But the smart money is without a doubt betting I'm wrong. We should have a hint of the ruling when we see the decision on the request for a stay. That should come fairly quickly I would assume.