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Must go to link to see the actual court filing. Cae No. 17-35105.

A copy was made a tweeted by Chris Geidner. Chris is the legal editor at BuzzFeedNews. He goes on to tweet This means that the entire appeals court will be voting on whether to reconsider Thursday night's decision. Briefs due by 11a PT Feb. 16

Of course can not find any Fakenews organization sharing this information

1 posted on 02/12/2017 5:52:47 AM PST by saywhatagain
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To: saywhatagain

Means the 9th Circus is having an “oh s—t” moment?


2 posted on 02/12/2017 5:55:12 AM PST by Extremely Extreme Extremist (STOP THE TAPE!)
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To: saywhatagain

Why? Did one of them find a copy of the US Code lying around and decide to read it?


3 posted on 02/12/2017 5:55:18 AM PST by Not A Snowbird (SandyInPeoria just doesn't sound right... yet here I am.)
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To: saywhatagain

Why does this Circus of a Court get to decide if THEY get to reconsider this? Wouldn’t it be up to the parties concerned?


4 posted on 02/12/2017 5:56:22 AM PST by Jane Long (Praise God, from whom ALL blessings flow.)
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To: saywhatagain

Hopefully, Congress will be voting to dismantle the Ninth Circuit Court. It is too big, too biased, and with only a 15% success rate in SCOTUS appeals, too ineffective to carry on in its present form.


5 posted on 02/12/2017 5:56:28 AM PST by txrefugee
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To: saywhatagain

Do over?


6 posted on 02/12/2017 5:56:51 AM PST by cp124 (America Survives)
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To: saywhatagain
I believed then and believe now, that when the decision came down against President Trump and the American people . . . It was a victory because . . .

This moment allows President Trump and others an opportunity to illustrate clearly the corruption and perverted ideaology of the Democrats and those of sitting on the judicial bench.

The rights and protection of the American people vs seven terrorism-plagued countries.

Oh gee thats like kinda of a no-brainer. As President Trump has remarked . . . even a eighth grader can figure this one out.

7 posted on 02/12/2017 5:57:06 AM PST by saywhatagain
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To: saywhatagain

Once the 9th puts the political, lawless decision aside, THOSE THREE JUDGES MUST BE IMMEDIATELY IMPEACHED.

Enough is enough.


8 posted on 02/12/2017 5:57:11 AM PST by Lazamataz ("Love Trumping Hate" sure involves a lot more assault and arson than I expected.)
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To: saywhatagain

They are ALL treasonous blackrobed clowns
eager for money from foreign governments like
the first meddler from the 9th circuit.

Original jurisdiction this is, and only the USSC
can hear the case.


12 posted on 02/12/2017 6:01:16 AM PST by Diogenesis ("When a crime is unpunished, the world is unbalanced.")
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To: saywhatagain
Screw you 9th Circuit.

Trump will fix your wagon on Monday.

15 posted on 02/12/2017 6:03:05 AM PST by mware (RETIRED)
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To: saywhatagain

I think that this ruling, clearly outside of the law based on what I’ve read and heard, should be grounds for impeachment. If not, Congress should take steps to remedy this situation. To allow these Mavericks to continue to impose their will rather than the law is a waste of time and money . Their record of being overturned demonstrates their poor judgment. In addition, their recent ruling has the potential to harm citizens on a nationwide basis. Why should West Coast Progressives be allowed to inhibit nationwide security just because West Coast tech firms want an open door for cheap skilled labor?


17 posted on 02/12/2017 6:04:19 AM PST by Boomer One ( ToUsesn)
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To: saywhatagain

Too Late 9th... you had your chance!

After you pull on a tiger’s tail... don’t make the mistake of thinking you can pet it to smooth things over.

Run like hell or keep pulling.

Either way, eventually you are dead.


24 posted on 02/12/2017 6:11:59 AM PST by Safrguns
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To: saywhatagain

This was requested by at least on if the ninth circuit judges. It means others have reacted to the decision it is not necessarily a good sign. Some of these tons may have wanted the three judge panel to go further


26 posted on 02/12/2017 6:14:27 AM PST by Nifster (I see puppy dogs in the clouds)
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To: saywhatagain
From Josh Blackman's Blog

(Feb 10): This morning, my worlds collided as Donald Trump tweeted (without any context) a sentence from Ben Wittes’s post on Washington v. Trump.

"LAWFARE: "Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute." A disgraceful decision! "

Once again, Trump has stumbled into an important jurisprudential point. The fact that the President is exercising powers given to him from Congress, augmented by his own inherent authorities, indicates we are in Justice Jackson’s first tier from Youngstown, where judicial scrutiny is at its minimum.

8 U.S.C. § 1182(f) allows the President to deny “entry” to “classes of aliens” he deems “detrimental to the interests of the United States.”

For more in depth . . . go to

http://joshblackman.com/blog/2017/02/10/the-failure-of-the-9th-circuit-to-discuss-8-u-s-c-1182f-allowed-it-to-ignore-justice-jacksons-youngstown-framework/

27 posted on 02/12/2017 6:16:35 AM PST by saywhatagain
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To: saywhatagain
I clerked for two federal circuit courts of appeal (sister courts of the Ninth). Any judge, on his or her on motion/request, can request that a 3-judge panel's ruling be reviewed "en banc" regardless of a lack of an affirmative motion by any of the parties. Judges have the inherent power to do so. There are still one or two of the judges among the Ninth Circuit who are solid constitutional adherents - not many, but at least a couple. One or more of them requested that the entire roster of judges be polled to see if it should be reviewed "en banc." In, I believe, every other Circuit Court of Appeals the entire roster of active judges (not those on senior status) receives briefing and sit together to hear oral argument (although I've seen several cases where the panel decision was so clearly eff-ed up that the panel decision was reversed after submission of only the briefs and time wasn't wasted on scheduling and hearing oral argument; that SHOULD happen here but probably won't for no other reason than some of the judges will want the publicity of a nationally broadcast oral argument and they can preen and posture with their stupid, obvious questions). Then the whole en banc panel decides the issues anew. However, because the Ninth Circuit is so large both in the number of active judges (about 25, I believe) and geography, an "en banc" review is usually just an "enhanced" panel of about 12-13 of those judges.

An en banc review, initiated by one of the active judges, at least means that someone with a shred of dignity and common sense - not to mention fidelity to her or his oath as a judge - looked at the panel's opinion and probably puked. I suspect that judge was embarrassed and doesn't want to be guilty by association with what his idiot colleagues did. Also, although it's hardly going to enhance the Ninth's reputation as an ends-oriented court, if they can get the panel opinion fixed (reversed) maybe they can restore a shred of dignity. Finally, as precedent for future cases - and all challenges to future EOs will originate in District Courts within the Ninth so that appeals will be heard by the whackos and looney-birds at the Ninth - at least one judge wants to try and get this right to discourage future appeals and litigation like this, especially on the standing issue.

Just my 2-cents. Hope this helps.

38 posted on 02/12/2017 6:33:45 AM PST by Bulldaddy
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To: saywhatagain

9th worried that there may be a huge push to disband them.....


48 posted on 02/12/2017 7:02:25 AM PST by trebb (Where in the the hell has my country gone?)
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To: saywhatagain

I believe this action is basis what Trump is about to do, not that they consider their 3 judge decision wrong. I am sure they are aware how poorly written the decision was. But remember, if Obamacare can be turned into a tax then anything can be written in attempting to thwart Trump... anything.


59 posted on 02/12/2017 7:49:35 AM PST by Lagmeister ( false prophets shall rise, and shall show signs and wonders Mark 13:22)
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To: saywhatagain

The practice of “judge shopping” should be stopped, it certainly doesn’t help the rule of law.


60 posted on 02/12/2017 7:57:33 AM PST by kenmcg
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To: saywhatagain

The judges are guilty of judicial overreach! They violated the US Constitution, for which they took an oath! This partisan crap on the bench is blantant and must be stopped! These judges must be made an example of! Congress can impeach them.

Judicial partisanship won’t stop unless WE make Congress stop them.


64 posted on 02/12/2017 8:00:14 AM PST by Lopeover (The 2016 Election is about allegiance to the United States!)
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To: saywhatagain

FREEPERS don’t seem to grasp that we can lose again at 9th and at SCOTUS

Unless Gorsuch whose bloom has wilted btw is confirmed first

I doubt the 9th in whole reverses mini 9th

Sessions needs another court

The Fifth Appeals would be my choice....

Congress could fix this mess

Or Trump can ignore this power grab by the judiciary


65 posted on 02/12/2017 8:02:38 AM PST by wardaddy (trump is a great tourniquet but that's all folks.......)
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To: saywhatagain

Who cares.

The Ninth Circus is not a court.

I would submit nothing to them.

They can reconsider their own asses.


67 posted on 02/12/2017 8:10:19 AM PST by chris37 (Donald J. Trump, Tom Brady, The Patriots... American Destiny!)
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