Court Rejects Trump Administration Effort to Indefinitely Delay Travel Ban Appeal

Court rejects Trump administration effort to indefinitely delay travel ban appeal




By RYAN LOVELACE (@LOVELACERYAND) • 2/27/17 2:34 PM




The 9th Circuit Court of Appeals on Monday refused to grant the Trump administration an indefinite delay to prepare their appeal of the blockade of President Trump's immigration ban.


The Justice Department sought to delay its briefing on the case indefinitely, thus buying more time for the Trump administration to issue a new executive order before having to defend the original order in court. But the federal appeals court instead granted the government lawyers an additional week to file its opening brief, which will now be due March 10.


Earlier this month, a three-judge panel blocked enforcement of the executive order, which halted immigration from seven countries in the name of fighting terrorism, but in practice, also affected the travel of individuals with legal status in the U.S. But that ruling involved procedural matters, and did not get to the merits of the order itself.


Separately, Trump administration lawyers have asked the full 9th Circuit to review the decision by three judges, but the court has not yet said whether it would grant that request.






Asked about the federal appeals court's action on Monday, White House spokesman Sean Spicer said he would need time to meet with the White House counsel's office before commenting on the case.






"Give me a little time, let me get off the podium," Spicer said of the 9th Circuit action that took place during the briefing. "The president has made a commitment right now to continue to defend what we did, because this is the strategy that he believes that we had the authority vested in U.S. code."






http://www.washingtonexaminer.com/tr...rticle/2615934

Oh God, Jeff Sessions, please just pull the original EO and replace it. Do not take this through the courts. The odds are you'll lose and with that, you've permanently diminished the powers of the Executive Branch. It is not worth the risk. Courts are not legal animals, they are political animals, despite what naive Americans believe.

Trump is rolling the dice based on that statistic of the 9th Circuit being overturned 86% of the time. But on immigration no court has been over-turned or reversed in favor of citizens over immigrants, ever, by the US Supreme Court, so in this type of case, the 14% of the time the 9th Circuit was not overturned is the 100% of the time that applies to this case.

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Originally Posted by Judy

Oh God, Jeff Sessions, please just pull the original EO and replace it. Do not take this through the courts. The odds are you'll lose and with that, you've permanently diminished the powers of the Executive Branch. It is not worth the risk. Courts are not legal animals, they are political animals, despite what naive Americans believe.

Trump is rolling the dice based on that statistic of the 9th Circuit being overturned 86% of the time. But on immigration no court has been over-turned or reversed in favor of citizens over immigrants, ever, by the US Supreme Court, so in this type of case, the 14% of the time the 9th Circuit was not overturned is the 100% of the time that applies to this case.

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Sessions isn't interested in defending the "old" order in court. He's attempting a delay tactic while working on the new order.

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The Justice Department sought to delay its briefing on the case indefinitely, thus buying more time for the Trump administration to issue a new executive order before having to defend the original order in court. But the federal appeals court instead granted the government lawyers an additional week to file its opening brief, which will now be due March 10.

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It seems like they could just pull the old one and whenever they have a new one, issue it. That would draw the lawsuit to a close and send these DemoQuacks on their way. I'm sure they have some good reason for why they're doing it this way.

I don't really know what is going on in Washington.

One thing I have known for the last 20 or so years, illegal immigration will not be fixed by the government - not solely.

We have to do our part and I still think paying attention to where you spend your money is the best way to do that.

We can't just sit back and assume that the new President can sign a piece of paper and somehow fix 40 years of illegal immigration. It is too entwined in every facet of our country. We have so many anchor babies now in politics, education, law enforcement, etc.

I live in Texas and while it sounds like Texas may be trying to do something about sanctuary cities, illegal immigration, don't buy it totally.

This state has had 40 years, and a lot of laws to be used, to do something about illegal immigration and they have not - they have encouraged and abetted it.

They are putting on a good show, but that's what it is, 'show'.

I hope that isn't what is going on in Washington.

nntrixie wrote (excerpt):

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I live in Texas and while it sounds like Texas may be trying to do something about sanctuary cities, illegal immigration, don't buy it totally.

This state has had 40 years, and a lot of laws to be used, to do something about illegal immigration and they have not - they have encouraged and abetted it.

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I'm originally from Texas and I think Gov. Abbott is serious in his attempts to do something about the states illegal immigration problem. Looking back at former governors over the last half century or so may explain why the problem has gotten to where it is today in Texas. I'm hopeful that Gov. Abbott can reverse some of those problems. However, He can't correct everything by himself.