Wed Mar 29, 2017, 07:00 PM

Is Trump stalling a travel ban appeal at 9th Circuit?

Trump got his butt kicked once by the 9th Circuit is now focusing on the 4th Circuit http://www.politico.com/blogs/under-the-radar/2017/03/donald-trump-travel-ban-ninth-circuit-appeal-236575

When President Donald Trump’s first travel ban executive order was effectively shut down by a federal judge, the Trump administration seemed to be in a huge rush to get the policy back on track.

This time? Not so much.

It took less than a day for Justice Department lawyers to file an appeal last month after U.S. District Court Judge James Robart blocked the key parts of Trump’s directive.

A few hours later — just after midnight Eastern Time — the federal government filed an emergency motion asking the San Francisco-based 9th Circuit to allow the president to move forward with his plan to halt travel to the U.S. from seven majority-Muslim countries and to suspend refugee admissions from across the globe.

A three-judge 9th Circuit panel unanimously turned down Trump’s request, prompting the president to redraft the executive order, dropping Iraq from the roster of affected countries and exempting existing visa-holders from the directive.

But when a federal judge in Hawaii issued a broad block on the new order March 15, just hours before it was set to kick in, there was no immediate appeal. In fact, nearly two weeks later, the Justice Department is still tangling with Honolulu U.S. District Court Judge Derrick Watson and has yet to take the issue back to the 9th Circuit.

The delay has puzzled many lawyers tracking the litigation, particularly given Trump’s public warning that “many very bad and dangerous people may be pouring into our country” as a result of the courts’ interference with his first travel ban directive. A total of two months have now passed since Trump signed his first order.

“A lot of people have talked about that,” said University of Richmond law professor Carl Tobias. “It seems hard to wait on this without undercutting the argument” that the travel ban order is needed to address an urgent national security threat, he added.

Some attorneys believe the Justice Department is intentionally dragging its feet in the Hawaii case because the 9th Circuit rotates the three-judge panels assigned to motions every month, with the next swap-out due Saturday. The 9th Circuit also announces the panels publicly, although not in advance. This month’s consists of two Obama-appointed judges — Morgan Christen and John Owens — along with George W. Bush appointee Milan Smith.

3 replies, 303 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 3 replies Author Time Post
Reply Is Trump stalling a travel ban appeal at 9th Circuit? (Original post)
Letmypeoplevote Mar 2017 OP
Dumper Mar 2017 #1
Letmypeoplevote Mar 2017 #2
Letmypeoplevote Mar 2017 #3

Response to Letmypeoplevote (Original post)

Wed Mar 29, 2017, 07:04 PM

1. Legal strategy confuses you? Judge shopping isn't owned by the left.

Reply to this post

Back to top Alert abuse Link here Permalink

Response to Dumper (Reply #1)

Thu Mar 30, 2017, 12:31 AM

2. Trump loses yet again

Trump loses yet again http://www.cnn.com/2017/03/29/politics/hawaii-trump-travel-ban-extended/index.html?adkey=bn

A federal judge in Hawaii granted the state's request for a longer term halt of the revised travel ban executive order Wednesday.

US District Court Judge Derrick Watson blocked the core provisions of the revised executive order two weeks ago, concluding that the order likely violates the Establishment Clause of the Constitution by disfavoring Muslims.

But Watson's earlier decision was only a limited freeze of the executive order through a temporary restraining order.

As a result, the plaintiffs asked the judge to convert that decision into a longer term preliminary injunction and Watson agreed Wednesday night, meaning that the President's 90-day ban on foreign nationals from six Muslim-majority countries and the 120-ban on all refugees entering the country are now blocked indefinitely until further court action.

Watson's ruling largely follows his decision from two weeks ago, which used Supreme Court precedent to conclude that Donald Trump's statements about Muslims during the presidential campaign speak to the constitutionality of the executive order.

"The Court will not crawl into a corner, pull the shutters closed, and pretend it has not seen what it has," Watson wrote Wednesday.
Trump is ignoring this case and is focusing on the Maryland ruling because trump got his butt kicked by the 9th Circuit

Reply to this post

Back to top Alert abuse Link here Permalink

Response to Letmypeoplevote (Original post)

Thu Mar 30, 2017, 12:34 AM

3. From my twitter feed

Reply to this post

Back to top Alert abuse Link here Permalink