Thursday, February 9, 2017


COURT OF APPEALS ANNOUNCES OPINION ON BAN IMMINENT

I am following what is happening.  The 9th Cir. has set up a special link.  You may see it before me.  Link.  I will be in the kitchen making plantains with cheese.  Hopefully it will not get me deported for making a traditional Nicaraguan dish to go with Mexican carne guisada.

9TH CIRCUIT KEEPS ORDER ENJOINING BAN IN PLACE 

The Decision

This case has multiple implications for Brownsville. The 9th Circuit effectively affirmed local federal Judge Hanen's finding states have standing to challenge the president's Executive Orders on immigration.

OPTIONS

The Trump Administration can now ask for a rehearing by the entire court.  Some would say it is futile, but it is not.  It his highly unlikely Tump can get his Supreme Court nominee on the Court to make a difference, but by doing a rehearing en banc, Trump buys time to get his appointee on the Supreme Court.

If Trump were to go now to the Supreme Court he has 4 Republicans in the Judge Hanen decision who went with the States have standing to sue.  He is also facing 4 liberal judges.  But a 4/4 split mean Trump loses.

BUT THERE IS STILL THE FULL HEARING AT THE TRIAL LEVEL

Trump still gets a full hearing before the trial court, which will better allow for his Administration to outline its evidence to justify the Executive Order.

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