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Immigration
See other Immigration Articles

Title: Appeals court keeps block on Trump's immigration ban
Source: [None]
URL Source: http://www.washingtonexaminer.com/article/2614442/
Published: Feb 9, 2017
Author: jj
Post Date: 2017-02-09 18:57:29 by HAPPY2BME-4UM
Keywords: None
Views: 191
Comments: 7

By Ryan Lovelace (@LovelaceRyanD) • 2/9/17 6:13 PM

A federal appeals court decided to keep in place the temporary restraining order halting President Trump's immigration ban as other proceedings move through the lower courts.

"We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay," the 9th Circuit Court of Appeals ruled Thursday.

The appeals court ripped the Justice Department for arguing that Trump's immigration action was not subject to judicial review. The court said, "There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy."

The decision by the three-judge panel of the 9th Circuit Court of Appeals to deny a stay of the restraining order does not serve as a ruling on the merits of the ban itself, but puts the Trump administration in a difficult spot.

Trump's team could seek urgent intervention from the Supreme Court, but lifting the ban would require winning over five justices on the eight-justice court. If the high court divides evenly along ideological lines, the block of Trump's ban would stay in place and the immigration ban likely would become a central theme in the battle over Judge Neil Gorsuch's confirmation to the high court.

Should the Trump administration choose to wait for lower courts to proceed further before filing another appeal, the immigration ban could be halted for months. By the time any additional appeal from Trump's team would make it to the Supreme Court, Gorsuch could already be seated on the high court.


http://www.washingtonexaminer.com/article/2614442/

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Begin Trace Mode for Comment # 6.

#4. To: HAPPY2BME-4UM (#0)

9th Circuit Court

This particular circuit is the most left leaning of all the appeals courts. The Supremes will likely have to rule on this one. ;)

BTP Holdings  posted on  2017-02-09   19:05:24 ET  Reply   Untrace   Trace   Private Reply  


#6. To: BTP Holdings (#4)

This particular circuit is the most left leaning of all the appeals courts. The Supremes will likely have to rule on this one. ;)

==========================================

No telling what John Robers (liberal Catholic) would do.

My bet is Trump will rewrite it to keep it out of their scummy hands.

HAPPY2BME-4UM  posted on  2017-02-09   19:07:42 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 6.

#7. To: HAPPY2BME-4UM (#6)

John Roberts

He did vote to say that Obamacare was a tax and forced that grievous package on us all. ;)

BTP Holdings  posted on  2017-02-10 07:17:33 ET  Reply   Untrace   Trace   Private Reply  


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