Posted on 02/14/2017 8:08:39 AM PST by GonzoII
The Trump administration is filing paper work for an en banc hearing of the Ninth Circuit Court of Appeals that initially voted unanimously to keep the temporary restraining order on the president’s executive order on immigration in place.
(Excerpt) Read more at townhall.com ...
I didn't catch Virginia court decision...what happened...
Trump should IGNORE any court ruling that usurps his presidential authority. The LAW is clearly stated and Trump is within his rights to carry on regardless what the courts say.
Why not drag it out and wait to Neil Gorsuch is confirmed. Have a better chance to win at the Supreme court level, a 4-4 tie means the 9th circuit decision holds, until such time another case gets to the Supreme Court, and there is a 5-4 decision either way.
Trump can always have another Executive order to issue, let the libs play there hand in court, find out what will fly muster, and then hit them again harder later.
The only lawful response to lower courts, is that they have no jurisdiction.
USConstitution says SCOTUS has Original Jurisdiction.
Why do Pres. Trump and his advisors refuse to follow the law? Allowing low courts to say anything about the subject? This is weakening proper law in USA; eroding foundations.
IMO this is not a mistake as it’s maximizing all his opportunities. Other than this, he could only appeal to the SC directly or, as you said, rewrite the EO.
This way he’s looking for the small chance that a larger panel from the circuit will rule in his favor to keep the EO intact. Otherwise if they rule to keep it in place again, I suspect at that point Trump will rewrite the order.
He’s just going for the Hail Mary at this point and he loses nothing by doing so. If he rewrote it now, he would be giving up before he had to, and he will have to rewrite it anyway if they rule against him. So there’s nothing really lost here.
I suppose one could argue suffering another legal setback would be harmful for his momentum and/or mandate. So would rewriting the order now (it would be admitting defeat before all options are exhausted) so that’s a push IMO.
It doesn’t hurt to try when all negativites are equal.
An attempt to have this heard in the SC would take months (and as you said a 4-4 tie will throw the decision back to the 9th) so a case that will take months to sort out in the SC is kind of pointless in this situation since we are talking about an EO that has a term of 90 days.
By the time it was resolved the 90 days would be over. Kind of moot at that point no matter how it was decided.
Also, on top of all that, if this is put on the SC’s shoulders then the confirmation process of Gorsuch will become hopelessly entangled in the politicization surrounding this case. We could end up losing a perfectly good justice just for a case who’s merits will not even exist in 3 months.
Because the Judiciary has over-stepped its constitutional boundaries and left unchallenged, a dangerous legal precedent is being set where the Courts (with ZERO National Intelligence Role or briefings) determine foreign policy, rather than the Executive Branch -- which DOES have the Constitutional responsibility of.
It's time to smack down the over-reaching judicial system. Long over due. Go Trump!
Somebody tell Trump to just write a new EO he won’t win in the ninth
Nooooo. Unless they can guarantee a SCITUs victory....and no one can do that. Just write a new EO
And SCOTUS is four four tie which leaves whatever the ninth decides in place
If it goes to SCOTUS, the judges should knock it down easily... but then again, they were supposed to knock down ObamaCare, too.
As of now maybe but Gorsuch is on his way and it will take a fair amount of time to get to the SCt. Besides which I am not sure this will be decided on party lines. The law is very clear and Trump wins.
Another district court has enjoined the order. But the court is in VA so the Ninth has no role.
Yeah and John Roberts voted against Obama care
As currently stacked SCOTUS is a crap shoot
Plus you are delusional if you think Gorsuch is going to make it anytime soon
Trump should halt the refugee program completely, while he challenges the court ruling.
Trump should issue a new executive order that limits refugee count to 35,000 or whatever has already come through. Thus stopping the refugee program for this year. He already limited it to 50,000 down from Obama’s 130,000 and it wasn’t challenged. He doesn’t even need an executive order to do this. He simply needs to write a letter to Congress informing them.
Now that the armchair pundits have had a chance to review the 9th ruling, Trump should go before the entire 9th with revised briefings. That way he will get any dissenting opinions in writing from that court before he goes to SCOTUS.
It doesn’t have to get there soon. It won’t get to the SCt for at least a few months. And if one of the appeals Courts upholds it it may never get there. And if it does then the 4-4 split may uphold Trump.
Another argument for going before the en banc 9th circuit is that, although they will rule against the EO, they will write an opinion that will help the DOJ write the next EO so that it can address their problems with the original EO. They will agree with the 3 judge panel on due process, but they may write something new, like an objection based on Establishment.
/.02
U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part II › § 1182 (f)
[emphasis added]
yes he should do that, just effectively end the refugee program
We don’t really need to use fake news to win - the 9th isn’t overruled anywhere close to that often.
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