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Federal appeals court maintains suspension of Trump’s immigration order

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Steejee

Member
So they'll appeal to SCOTUS, discover that having 8 judges mean there's 0 chance of overturning the 9th, and that'll be that.

I wonder if the odds of SCOTUS overturning it would be higher if the Senate had done their jobs and approved Garland. He was very much a compromise candidate and there would have been a non-zero chance he would have sided with Trump.
 

NYR

Member
C4QpFdtVcAAdm6g
 

sonicmj1

Member
This is what I expected, at least with the TRO.

The decision on the actual lawsuit is a tougher question.

+1

Afraid of the Supreme Court ruling, but at the very least, the window for people with visas to entry the country widened a bit.

The Supreme Court decides whether or not they take a case. Unless the various suits on this order turn out wildly differently (or they think one of the appeals courts got it badly wrong), I wouldn't be surprised if they just let the circuits handle it. Roberts probably doesn't want to throw himself into a political minefield if he can help it.
 
I hope he keeps tweeting bullshit undermining the justice system, building more and more material for the inevitable impeachment.

Of course, that's even assuming that the spineless GOP controlled Congress would do what they're supposed to in that kind of a scenario.
 

gcubed

Member
So they'll appeal to SCOTUS, discover that having 8 judges mean there's 0 chance of overturning the 9th, and that'll be that.

I wonder if the odds of SCOTUS overturning it would be higher if the Senate had done their jobs and approved Garland. He was very much a compromise candidate and there would have been a non-zero chance he would have sided with Trump.

I think the odds are higher that the scotus refuses to hear it
 

Steel

Banned
So they'll appeal to SCOTUS, discover that having 8 judges mean there's 0 chance of overturning the 9th, and that'll be that.

I wonder if the odds of SCOTUS overturning it would be higher if the Senate had done their jobs and approved Garland. He was very much a compromise candidate and there would have been a non-zero chance he would have sided with Trump.

More likely than not, Kennedy would be on the right side of this case even with the 9th judge. Garland definitely wouldn't have overturned it. He was nowhere near a bad judge.
 

Bowler

Member
Even as a conservative I knew that was going to happen, it was poorly written, with more holes then Swiss cheese. Here's a tip have some fucking evidence that terrorists were actually coming in. Or maybe have a viable plan to screen people before closing the gate. It's like a child having a tantrum.
 

RPGCrazied

Member
So now its going to the supreme court to totally repeal it, you know republicans are going to ram Gorsuch as fast as possible through to make it a 5-4 decision in Chump's favor.
 

Veitsev

Member
This is what I expected, at least with the TRO.

The decision on the actual lawsuit is a tougher question.



The Supreme Court decides whether or not they take a case. Unless the various suits on this order turn out wildly differently (or they think one of the appeals courts got it badly wrong), I wouldn't be surprised if they just let the circuits handle it. Roberts probably doesn't want to throw himself into a political minefield if he can help it.

Yeah I think its so obviously in violation of the establishment clause that they may not even bother taking it.
 
If they spit on ideological lines it'll be 4-4 which means the ninth districts order stands.

This isn't on the merits though. Just on the stay.

The case will work its way through the court system on the merits, and by then it'll be a 9-person court, but my guess is there probably aren't 5 votes to say that this is a constitutional EO.
 

Nydius

Gold Member
While this is great news, we must remain vigilant because the GOP has also been pushing to break up the 9th Circuit specifically because it's too big (and, of course, too liberal). Since January 22nd, at least three separate Congressional proposals have been brought up to bust up the 9th Circuit, all from Republicans: Senator Flake from Arizona, Senator Sullivan from Alaska, and Senator Daines of Montana.
 

Peltz

Member
They rejected the Government's emergency stay of the lower court's temporary enjoinment of the executive order. I didn't read the opinion, but they never ruled on the constitutionality of the executive order itself, did they?
 

The Llama

Member
IMO but I don't think SCOTUS will take the case just yet. They'll hear it on the merits, but I don't think they'll hear this TRO appeal.
 
So now its going to the supreme court to totally repeal it, you know republicans are going to ram Gorsuch as fast as possible through to make it a 5-4 decision in Chump's favor.

Probably. And Gorsuch will probably vote against in favor of affirming the decision of the Ninth Circuit. (I'm calling it now.)

IMO but I don't think SCOTUS will take the case just yet. They'll hear it on the merits, but I don't think they'll hear this TRO appeal.

Yeah, I agree with that. It's coming, anyway. Judicial economy and all that.
 

ant_

not characteristic of ants at all
Great news. Even greater that it was unanimous. No fucking leg to stand on, Donald.
 

Apdiddy

Member
If the racist piece of shit is really nutso, he could remove all three judges from the Ninth Circuit (he did remove Sally Yates for standing up for America) and appoint new judges or declare martial law indefinitely and keep the travel ban in place anyway.

Still, get fucked Trump.
 

FyreWulff

Member
So they'll appeal to SCOTUS, discover that having 8 judges mean there's 0 chance of overturning the 9th, and that'll be that.

I wonder if the odds of SCOTUS overturning it would be higher if the Senate had done their jobs and approved Garland. He was very much a compromise candidate and there would have been a non-zero chance he would have sided with Trump.

Technically originalist conservative judges should be against it too.

If the racist piece of shit is really nutso, he could remove all three judges from the Ninth Circuit (he did remove Sally Yates for standing up for America) and appoint new judges or declare martial law indefinitely and keep the travel ban in place anyway.

Still, get fucked Trump.

Pretty sure they can only be removed via impeachment from the Senate
 
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