This is just round one in appeal process. First, a 3 Judge panel hearing, then the loser asks for a full 9 judge Court review. Then, on to SCOTUS. If there are still just 8 Justices by the time it gets to SCOTUS, and the vote is 4/4, then the last appellate Court decision stands. A crapshoot.
Right. He needs to have a backup plan to circumvent their ridiculous tyranny.
This is just about the TRO. You can let it go back to the trial judge for a final disposition of the case, appeal to the 9th circuit, then appeal to the S.C. at which point, even with the Turtle's desultory Senate calendar we might actually have Gorsuch confirmed.
That might be the wiser legal strategy here.
What should happen is that Jupiter jolt's McConnell's butt with one of his legendary bolt's of lightning who then jumps into action and rams through Gorsuch's appointment in the next couple of days, in time for the short circuit to the SCt. But McConnell is no friend of Trump or the American people.
In the meantime the President can ban all immigration....no way to say there is discrimination that way.
I’ve been saying for days that the President walked into a trap when he decided to take this to the courts.
His authority to restrict travel from ANY country, for ANY reason is well grounded in federal law, historical precedent, and the Constitution.
He should have told the pipsqueak judge to pound sand, and continued doing his job. Instead, we now have a judicial coup of the executive branch.
What about the decision of the Boston judge?
There should be no appeal to the Supreme Court until Gorsuch is seated. I am assuming all the intervening courts will stab the nation in the back. Trump’s team will take their time.