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chilltocam
LIF Adult
Member since 11/11 9141 total posts
Name:
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Appellate Court rules against reinstating travel ban!
Decision as just announced. Looks to be a unanimous decsion. Not the end of the fight, but a great win!
Message edited 2/9/2017 6:32:40 PM.
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Posted 2/9/17 6:14 PM  |
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Jenn79
One more?
Member since 2/12 2410 total posts
Name:
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Re: Court of Appeals rules against reinstating travel ban!
What's the next step?
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| Posted 2/9/17 6:28 PM |
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RainyDay
LIF Adult
Member since 6/15 3990 total posts
Name:
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Court of Appeals rules against reinstating travel ban!
I just saw this!
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| Posted 2/9/17 6:28 PM |
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ElizaRags35
My 2 Girls
Member since 2/09 20494 total posts
Name:
Me
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Re: Court of Appeals rules against reinstating travel ban!
Posted by Jenn79
What's the next step?
Trump will probably bring it to SCOTUS which by that point, he'll probably have a republican majority.
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| Posted 2/9/17 6:30 PM |
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bookworm
Two Little Rosebuds
Member since 8/09 2106 total posts
Name:
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Re: Appellate Court rules against reinstating travel ban!
Posted by ElizaRags35
Posted by Jenn79
What's the next step?
Trump will probably bring it to SCOTUS which by that point, he'll probably have a republican majority.
I read today that gerrymandering is going to hit the SCOTUS this year. I would be surprised if the dems didn't stonewall Gorsuch until that is heard since it affects the long-term life of the party itself, so I wonder how that will affect the travel ban appeal.
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| Posted 2/9/17 6:37 PM |
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Pumpkin1
LIF Adult
Member since 12/05 3715 total posts
Name:
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Appellate Court rules against reinstating travel ban!
Unanimous decision. Did anyone listen to the arguments? It was really interesting, but I'm not surprised since the DOJ's attorney seemed grossly unprepared (which was probably intentional).
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| Posted 2/9/17 6:47 PM |
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MC09
arrrghhh!!!!
Member since 2/09 5674 total posts
Name:
Me speaks pirate!
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Re: Appellate Court rules against reinstating travel ban!
Posted by bookworm
Posted by ElizaRags35
Posted by Jenn79
What's the next step?
Trump will probably bring it to SCOTUS which by that point, he'll probably have a republican majority.
I read today that gerrymandering is going to hit the SCOTUS this year. I would be surprised if the dems didn't stonewall Gorsuch until that is heard since it affects the long-term life of the party itself, so I wonder how that will affect the travel ban appeal.
Do you have a link to the article? Thanks!
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| Posted 2/9/17 7:26 PM |
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bookworm
Two Little Rosebuds
Member since 8/09 2106 total posts
Name:
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Re: Appellate Court rules against reinstating travel ban!
Posted by MC09
Posted by bookworm
Posted by ElizaRags35
Posted by Jenn79
What's the next step?
Trump will probably bring it to SCOTUS which by that point, he'll probably have a republican majority.
I read today that gerrymandering is going to hit the SCOTUS this year. I would be surprised if the dems didn't stonewall Gorsuch until that is heard since it affects the long-term life of the party itself, so I wonder how that will affect the travel ban appeal.
Do you have a link to the article? Thanks!
https://www.washingtonpost.com/news/monkey-cage/wp/2017/01/31/the-supreme-court-will-examine-partisan-gerrymandering-in-2017-that-could-change-the-voting-map/?utm_term=.04f43c0cdab6
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| Posted 2/9/17 7:35 PM |
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StaceyLu
LIF Adolescent
Member since 2/17 572 total posts
Name:
Stacey
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Re: Appellate Court rules against reinstating travel ban!
Based on his SEE YOU IN COURT tweet, he thinks he's on a cheesy, late series episode of Boston Legal or something.
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| Posted 2/9/17 8:47 PM |
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Re: Appellate Court rules against reinstating travel ban!
Posted by StaceyLu
Based on his SEE YOU IN COURT tweet, he thinks he's on a cheesy, late series episode of Boston Legal or something.
 
I have heard that Trump is furious with Gorsuch for his comments about Trump's attitude toward the judicial branch. Who knows if the nomination will go forward? I read somewhere if it's a 4-4 ruling the ruling stands but I may be wrong there.
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| Posted 2/9/17 10:04 PM |
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StaceyLu
LIF Adolescent
Member since 2/17 572 total posts
Name:
Stacey
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Re: Appellate Court rules against reinstating travel ban!
Though part of me believes Gorsuch said that on purpose to curry favor with the Dems.
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| Posted 2/9/17 10:23 PM |
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dianadrw
LIF Adult
Member since 5/06 2092 total posts
Name:
Me
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Re: Appellate Court rules against reinstating travel ban!
Posted by Jenn79
What's the next step?
He has a few options:
1. Trump can request that it go back to the 9th circuit where 11 justices would review the case instead of 3.
2. It can go back to the judge in Washington state where they would argue the merits of the case.
3. It can go to SCOTUS. This is unlikely at this stage because the decision that the 9th circuit justices made was merely about the injunction. It wasn't about the actual merits of the Executive Order. From what I've heard/read, SCOTUS does not like to get involved until a final decision has been made about a case. They could get involved after a decision is made about the merits of the case.
4. Trump can re-write the EO to make the scope narrower with the hopes that it would then be Constitutional.
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| Posted 2/10/17 9:20 AM |
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ElizaRags35
My 2 Girls
Member since 2/09 20494 total posts
Name:
Me
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Appellate Court rules against reinstating travel ban!
Just read that the WH is rewriting the order.
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| Posted 2/10/17 12:39 PM |
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stinger
LIF Adult
Member since 11/11 4971 total posts
Name:
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Re: Appellate Court rules against reinstating travel ban!
I heard they are citing every single comment he has made especially during his campaign specifically about banning muslims (unconstitutional)
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| Posted 2/10/17 12:56 PM |
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Mill188
LIF Adult
Member since 3/09 3073 total posts
Name:
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Re: Appellate Court rules against reinstating travel ban!
Honestly, at our Friday morning staff meeting, all attorneys here were a little surprised by the ruling.
On it's face, the Court's ruling flies in the face of the powers specifically granted under the constitution - although they weren't shocked because it is the 9th district.
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| Posted 2/10/17 1:02 PM |
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kimchee
LIF Toddler
Member since 1/07 428 total posts
Name:
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Re: Appellate Court rules against reinstating travel ban!
Posted by ElizaRags35
Just read that the WH is rewriting the order.
So they are saying they made a mistake in how the EO was drafted up in the first place then. Hah!
I love how the Justice Dept argue that the judges had no right to question the president on the EO. Duh!? This administration must have gotten that they there are 3 branches to the gov't and that checks and balance exist! The audacity!
"Justice Department decided to argue to the 9th Circuit that the courts have no role to play whatsoever in examining immigration-related decisions the president makes on national security grounds.
The claim that Trump's action was unreviewable is a tough one for judges to stomach. Some lawyers say government lawyers might have done better by acknowledging a role for judges but insisting that they must be very deferential to the executive branch.
"I think in the context of this case it was clearly a mistake," said Meyer, now with Sheppard Mullin. "I think it's a mistake almost any time you tell judges you can't look at something.""
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| Posted 2/10/17 2:05 PM |
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