Federal Judge Issues Restraining Order on Immigration EO (user search)
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  Federal Judge Issues Restraining Order on Immigration EO (search mode)
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Author Topic: Federal Judge Issues Restraining Order on Immigration EO  (Read 2931 times)
The_Doctor
SilentCal1924
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Posts: 3,272


« on: February 03, 2017, 09:29:43 PM »

SCOTUS will evaluate the intensity of the protests and the polling to decode whether to uphold or toss the ban. I would bet, as of right now, that Kennedy joins the 4 liberals to strike it down, with Roberts possibly joining Kennedy.

Trump really needs to back down or change the order. He's hitting record disapproval indicating that this is bleeding support and political capital for him.
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The_Doctor
SilentCal1924
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Posts: 3,272


« Reply #1 on: February 05, 2017, 08:23:42 PM »
« Edited: February 05, 2017, 08:26:56 PM by TD »

Wouldn't it therefore be sensible for the WH to find another judge on another circuit who could issue a judgement declaring the Robart judgement to be unconstitutional on the above grounds and ordering State Department employees to submit to the original EO.

No because the U.S. legal system doesn't work that way. Any federal judge can impose a nationwide injunction and there's a process that plays out. The judiciary is extremely deferential, usually, to the executive and legislative branches and so any injunction is rare.

Once a judge issues that order, only an appeals court can override it, and since the 9th Appeals Court has refused to override it pending a full hearing (as I understand it), only the Supreme Court can override the appeals court. (Or maybe there's another step between, where the DC Court hears the appeal and then tracks it to the USSC).

Until then, the injunction stays in place. The Administration could appeal the Appeals Court and ask the Supreme Court for an emergency ruling, but I doubt that with the multiple suits making its way nationwide that the Supreme Court would short circuit the process. They'll likely amalgamate the various suits into one giant case (or take one particular case and say all similar cases will have the same ruling) and then hear it.

Kennedy (or Roberts) would be the deciding vote on this, and if Kennedy is still on the bench, he's got a long streak of being friendly to civil liberties and ruling against the Administration when it comes to cases like this (Hamdi, 2006 comes to mind). Kennedy, in particular, may take umbrage at the Trump tweets and attacks on the judiciary and might rule against Trump in that scenario.

I should add that that the judiciary probably has no fear of Trump, given his popular vote loss and tenuous relationship with the Congressional Republicans. They read polls too and they probably feel very safe rejecting the President, knowing that there's a very vociferous opposition in place to Trump and Co. So the judiciary will continue telling Trump to pound sand if they feel like it.

This all means the injunction would probably end up staying in place until June (at the earliest) or if the justices decide they want to slow walk it, not until summer 2018. Most likely, the Supreme Court will add it to their docket and hear and issue a final ruling by June.
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The_Doctor
SilentCal1924
Sr. Member
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Posts: 3,272


« Reply #2 on: February 05, 2017, 08:40:33 PM »

That kind of stuff gets fast tracked through the system, to the Supreme Court, who decides it. The appeals courts have jurisdiction only within their districts, not other districts. So the Supreme Court would decide in an emergency situation like that.

Not applicable in this case, by the way. No court has mandated that the executive order has to be followed, just said they are ending the restriction or some such. So, I don't see the Supreme Court deciding this case in February, or March, earliest would be June.
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