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Trump White House Files Paperwork For En Banc Hearing At Ninth Circuit Over Executive Order
Townhall ^ | Feb 13, 2017 3:42 PM | Matt Vespa

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 ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: aliens; bordersecurity; first100days; trump; trump45; trumpeo
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To: Brilliant

Have you already forgotten Obozocare?


41 posted on 02/14/2017 9:46:45 AM PST by Nifster (I see puppy dogs in the clouds)
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To: Farmer Dean

I agree. As my mom used to say, “there’s more than one way to skin a cat”.

Not that she would have ever actually skinned a cat.


42 posted on 02/14/2017 9:47:40 AM PST by ilovesarah2012
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To: chris37

Exactly right


43 posted on 02/14/2017 9:49:52 AM PST by Oystir
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To: Nifster

Your wish is our command: Per Twitter account:
“The new immigration EO has made it to the OLC” - Office of Legal Counsel. This should be coming out rather quickly. They can do two things at once it appears.


44 posted on 02/14/2017 10:05:51 AM PST by bobsunshine
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To: Buckeye McFrog

With very few rare exceptions, SCOTUS won’t look at it until all lower appeals processes are exhausted.


45 posted on 02/14/2017 10:06:12 AM PST by Yo-Yo ( Is the /sarc tag really necessary?)
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To: usconservative
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.

Good analysis. This has become a much bigger issue than a temporary pause in travel from these specified countries. The court made it a separation of powers issue and if the president rewrites his EO, he is accepting the court assertion of authority in this vital area. The purpose of the original EO has been made largely moot at this point but the issue of basic authority must be settled. From a practical standpoint, the president will ultimately win if for no other reason than he is the only entity with an enforcement structure. The framers of the constitution were much wiser than many give them credit for.

46 posted on 02/14/2017 10:16:50 AM PST by etcb
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To: FourtySeven

But if you win at the SC, you can always come back with a new EO after the ruling.


47 posted on 02/14/2017 10:17:11 AM PST by CTrent1564
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To: chris37

Not only would defying a judge lead to calls for impeachment, the Rino senators are calling for an investigation into Trump’s relationship to Russia. They are fully on board to help the Dems with impeachment.


48 posted on 02/14/2017 10:46:07 AM PST by damper99
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To: Buckeye McFrog
Why are they wasting their time with this?
Bump it to SCOTUS.

I feel they will. Perhaps they are buying time or perhaps they just want the 9th Circus to dig in a bit deeper. Maybe even the wackiest far flung chance the 9th will take this as a way to save some face and correct themselves. *chuckle*

In any event, this is still a precedent that needs to be defeated. The Executive branch needs to make clear that such rulings do not fall under the courts jurisdiction within the separation of powers.

49 posted on 02/14/2017 10:47:13 AM PST by Zack Attack
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To: Buckeye McFrog

Scotus is 4/4 right now... if it goes to Scotus and the leftist act as activists, which almost certainly Ginsberg, Sotomayor and Kagan will... If Kennedy decides to play activist as well.. you get a 4-4 and the lower court stands...


50 posted on 02/14/2017 10:49:39 AM PST by HamiltonJay
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To: M. Thatcher

Is Trump required to respond if one Judge asks for a full court hearing?


51 posted on 02/14/2017 10:58:34 AM PST by The Westerner (Protect the most vulnerable: Rewrite all schoolbooks K-12!)
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To: Farmer Dean

If he doesn’t do an en banc, what recourse does he have, other than the SC or a new EO? In the interim, jihadists watch the news, and they’re busily stuffing “refugees” into the pipeline for admittance, to the eager welcomes of idiot snowflakes who will be disabused of their delusions the hard way, and they won’t be the only ones killed. The quicker the hole in the dike is plugged, the better for the US.


52 posted on 02/14/2017 11:05:47 AM PST by Eleutheria5 (“If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: CivilWarBrewing

It seems like Trump has lost his nerve. Well, it was a good three weeks....


53 posted on 02/14/2017 11:56:25 AM PST by Sam Gamgee
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To: usconservative
Judge Napolitano would totally disagree. He says re-write is his best option.
54 posted on 02/14/2017 11:57:40 AM PST by Sam Gamgee
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To: Nifster

4 justices, even liberal ones, would be politically compromised enough to rule against what is a legally sound order?


55 posted on 02/14/2017 11:58:24 AM PST by Sam Gamgee
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To: damper99

Will lead to an ATTEMPT at impeachment. It went nowhere with Clinton.


56 posted on 02/14/2017 11:59:45 AM PST by Sam Gamgee
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To: bobsunshine

You are awesome


57 posted on 02/14/2017 12:06:44 PM PST by Nifster (I see puppy dogs in the clouds)
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To: Sam Gamgee

Waiting for the supreme court to bail us out has not worked in the pst and is not a plan


58 posted on 02/14/2017 12:08:01 PM PST by Nifster (I see puppy dogs in the clouds)
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To: GonzoII; flaglady47; Maine Mariner; ExTexasRedhead; Bushbacker1; Chigirl 26; entropy12; ...
The Ninth Circuit judges will select an 11-member en banc panel to hear the administration's case. A majority will prevail. There are 29 active judges in the Ninth...and, believe it or not, the three judges who ruled against Pres. Trump's position in the first place can be selected from the pool for this panel!

When we learn the names of the eleven, we can determine their political roots for a clue. I'm not at all optimistic seeing that the Ninth is the most liberal circuit in the U.S. of A.

Leni

59 posted on 02/14/2017 12:24:07 PM PST by MinuteGal (GO TRUMP !!!......GO PENCE !!!......Boycott Starbucks and Target !!!)
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To: chris37

The GOP majority Congress is not going to impeach Trump.


60 posted on 02/14/2017 12:45:13 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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