9th Circuit Judge Wants Another Vote over Trump Travel Ban Decision

Wow,what a turn of events.There were reports that President Trump was re-working the EO.


lawnewz.com...

In a rare move, one of the judges on the Ninth Circuit of Appeals has made a request that a vote be taken as to whether the order issued by the three judges Thursday night should be reconsidered en banc, which means before 11 federal judges of the Ninth Circuit. It’s not clear if this means that this judge (who was not named in the order) believes that there are enough votes to overturn the lower court’s decision which put a temporary halt on Trump’s controversial travel ban or if the judge simply wasn’t satisfied with the panel’s decision

Could be a red herring to stall a final outcome.

But it is a cool idea.



In the meantime, Trump will probably just write a new EO next week anyway.

originally posted by: xuenchen


In the meantime, Trump will probably just write a new EO next week anyway.

I had seen some reports on it as well.There is also a thread on it.

www.abovetopsecret.com...

a reply to: buckwhizzle

I think it means they're afraid a radical Islamic terrorist attack might occur while the ban is still terminated...and the Left (along with the 9th.) will be blamed for allowing it to happen.

a reply to: buckwhizzle

Trump will negotiate from a position of power and move it down to were he originally intended it be. I guess the judges didn't read The Art of the Deal.

I do know one thing though. The Art of War is on Trumps must read list.

a reply to: IAMTAT

Well, if your a FF watcher/investigator if one happens soon, it will be a huge clue as to which curtain the wizard is hiding under.

If there is not, then those who are opposed to this ban have evidence.

Twisted times.

a reply to: IAMTAT

I look at it from this perspective. It seems as if they are trying anything they can do to ensure a greater chance of one happening.

You mean a book he didn't write or read?

originally posted by: 3daysgone
a reply to: buckwhizzle

Trump will negotiate from a position of power and move it down to were he originally intended it be. I guess the judges didn't read The Art of the Deal.

I do know one thing though. The Art of War is on Trumps must read list.

a reply to: buckwhizzle

CNN said after the 9th Court decision yesterday, that re-working and re-submitting the E.O. would be the WORST thing the Trump Administration could do. By saying that, CNN told the Trump Administration what Democrats think, which told him that re-working and re-submitting the E.O. is the BEST thing he could do at this point.

a reply to: buckwhizzle


For a Judge to make that request, that is unusual.
If granted it would mean all judges in that circuit would
rehear and then rule again. Very interesting!



ETA: Rule 35 En Banc Determination
www.law.cornell.edu...

a reply to: SeekingAlpha

You mean a book he didn't write or read?

Listen to yourself man. Either Trump is a narcissist as you have claimed and read a book about himself or your house of cards topples. You can't have your cake and eat it too. I expect a better retort with reasoning and logic next time.
Now, Good day sir, I said Good day!

originally posted by: xuenchen
Could be a red herring to stall a final outcome.

But it is a cool idea.

In the meantime, Trump will probably just write a new EO next week anyway.

At least Trump is making the government work for a living. I have a feeling he is going to keep them very busy. He will just out work them if he has to.

originally posted by: carewemust
a reply to: buckwhizzle

CNN said after the 9th Court decision yesterday, that re-working and re-submitting the E.O. would be the WORST thing the Trump Administration could do. By saying that, CNN told the Trump Administration what Democrats think, which told him that re-working and re-submitting the E.O. is the BEST thing he could do at this point.

And as in another thread, cwm, the stall by Trump to
get the DOJ to drag the original text up to the SCOTUS
may be only to reinforce the Title 8 black-letter.
I don't recall anybody saying the EO mentioned religious
or other provisions that the judge(s) had purview over.

SO in a nutshell, SCOTUS will probably (should) throw out
the lawsuit from WA because the President was properly
working within his authority anyway; and the judge(s)
themselves don't have the authority to stop the EO due
to a violation of that S.o.P.

Now with a 4-4 tie until the ninth Justice is seated--
the tie goes to the decider. And Ann Donelly's original
order was never thrown out either.
[sigh/]When bad decisions get reinforced the system's broken.[/sigh]

a reply to: buckwhizzle

Yes, someone is paying attention.
Justifiably so.

S&F

a reply to: buckwhizzle

The U.S. Constitution is the Supreme Law of the Nation . The Trump Administration should Ignore these judges . Courts cannot "Rule" , they can Only Render an Opinion . Judges do not Make Law, that Power is Reserved for Congress . The Judge's remarks are not worth anything . Lastly, since when did a Judge (Lawyer) , get gifted more power than a U.S. President ?

Anyone have an idea on a timetable for a "re-hearing" on this? I did not see anything on this in the article.

a reply to: buckwhizzle

President Trump said late Friday that he will likely issue a new executive order on extreme vetting of migrants early next week, following a federal appeals court ruling against his earlier order to temporarily bar people from seven terror-prone nations.




www.washingtontimes.com...

a reply to: xuenchen

Official court document - THOMAS, Chief Judge and En Banc Coordinator:

Parties have until Feb 16th.

this wont affect any new EO's that are issued on the topic.

originally posted by: IAMTAT
a reply to: buckwhizzle

I think it means they're afraid a radical Islamic terrorist attack might occur while the ban is still terminated...and the Left (along with the 9th.) will be blamed for allowing it to happen.

I think it means other judges noticed this 3 panel judge ignored the constitution and supreme court ruling.

ETA

OR the 9th circuit wants to run up the number of judges who are wrong on this issue.

The first time around, Trump's DOJ wasn't hitting on all cylinders. Sessions is now completely involved, and if I know Jeff, he'll have the other side looking for a hasty escape before they get their opening statement out. The man is a bulldog with gator teeth in a courtroom.

The other dynamic is that people are realizing the tide has turned on public opinion. People are quietly but quickly running away from the Democratic platform as the actions of the Democratic leaders and a small group of violence-prone supporters are showing their true faces. Warren getting sat out during the Sessions hearings was a shot across the bow, and I think it got more negative attention than some give it credit for. The District 9 judges may be getting cold feet over pulling the party line.

TheRedneck