Posted on 02/10/2017 3:57:26 PM PST by jazusamo
A judge on a San Francisco-based appeals court has requested that the entire court vote on whether to review a three-judge panel’s decision to not reinstate President Donald Trump’s travel ban.
The U.S. Court of Appeals for the Ninth Circuit instructed the administration and the plaintiffs, Washington and Minnesota, to file legal briefs by next Thursday with their opinions about whether the ruling should be reviewed “en banc.”
That process would task the entire 11-judge appeals court at the Ninth Circuit to reconsider the case. The three-judge panel unanimously declined to lift a temporary restraining order on Trump’s executive order on immigration and refugees on Thursday evening.
The news comes as the White House has said it would likely not appeal the decision to the Supreme Court or have it reviewed en banc, and instead said it would fight for the controversial policy in a lower district court in Seattle. But White House chief of staff Reince Priebus subsequently said that the administration is still considering an appeal to the Supreme Court.
Trump also told reporters on Friday that he is considering signing a “brand new order” on immigration and refugees. Reworking the ban to be narrower could give it a better chance of holding up in court.
The three-judge panel that heard the case this week included Judges William C. Canby Jr., a Jimmy Carter appointee; Richard R. Clifton, a George W. Bush appointee; and Michelle T. Friedland, a Barack Obama appointee.
The judge who requested the vote on whether to review the ruling is unknown.
At my age I should be convinced that you shouldn’t judge a book by its cover. But the photos of the 3 individuals from the 9th circus who judged Trump’s EO, might just as easily be part of a police line-up. My Lord, what a scurvy-looking trio!
Lou Dobbs says the Left is ready to file 47 Lawsuits vs Trump
He said 51% to 34% in Liberal to Conservative Judges if Trump appoints the vacancy that will close it to 1%. Plus the backstop of the Supreme Court
Trump needs to ignore the Court and write a New Order as planned
Trump should call out the Appeals Court’s “opinion” as Fake Law....
He needs to issue separate EO’s for each country. Exempt green cards, and in transit visa holders. The EO should also state that he is acting based on classified intel that as CIC has determined warrants this immediate action.
Overkill, but bulletproof.
I hear you and agree, it’s not only their outside but their inside too.
I was going to suggest corn on the cob. Bwaaaaa-haaaa-haaa-haa-ha! Snicker-snort!
Why each country? I don’t get it. Agree with the rest.
Liberals are not capable of shame, because they have no honor.
Another San Francisco, CA judge? Hahahahaha, you must be joking. No way.
DON’T TAKE THE BAIT!
Write a new E.O. that in it cancels the original E.O. so the entire 9th effort is dropped. Write the new E.O. that would render a 8-0 or 9-0 SCOTUS win based on the statute.
Great idea.
Nor do I suspect they'll drop the original, but will want to rub their politicization in their faces.
Further, I think they pissed off the wrong guy. Look for a reorganization of the 9th circuit at minimum. I doubt impeachment proceedings would get very far anywhere in LaLaLand west.
I don’t think the congress has the power to split the 9th I think the SC has to order it but l’m not sure.
You’re right. I learned that during the Clinton years.
I agree—I think it’s a trap. They may want to steal the headlines another time to say Trump has “failed”. The enemy will do anything to thwart this exec. order. They need the votes of every non-American they can come up with.
Congress can do it, and the Supreme Court has nothing to say about it.
Sounds like one of them sees the writing on the wall, And would rather sacrifice the 3 tyrants to Save the 9th Circuit Court and Himself from being split up or Eliminated.
I’m no lawyer but I think the LAST thing the lefties want is to have to argue back in Hobart’s court the original and pertinent issues that the district judge avoided discussing in his order to stay - a nation wide stay! - Pres Trump’s executive order. Hobart’s order listed zero legal reasons for the stay, only that he personally felt that the plantiffs would prevail in court.
This time AG Sessions lawyers (to include perhaps him) will be ready to rock and will, I feel, list all the reasons why Hobart’s stay is improper and perhaps even illegal. First among them is the fact that Hobart himself has no stabding to rule on matters of foreign affairs and national security.
Split the 9th into at least 2 districts and reassign each judge to the least convenient circuit, making them all move residences, (or commute their arses off ). It's likely to yield more than a few retirements.
BINGO ! I like it.
How did the existing one not comply with 8 U.S.C. 1182(f)?
(See post 10)
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