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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums9th Circuit Judge Wants Another Vote over Trump Travel Ban Decision
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. Its 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 courts decision which put a temporary halt on Trumps controversial travel ban or if the judge simply wasnt satisfied with the panels decision. Regardless, it is an interesting move that could bode well for President Trump, and throws yet another legal twist into the ongoing court battle between Trump and those trying to prevent his controversial immigration ban from being enforced.
On Thursday night, in a big blow to the Trump administration, a panel of three Ninth Circuit federal judges refused to lift a stay which was issued by Seattle federal Judge James Robart.
Earlier today, Trump indicated that he did not plan to appeal the Ninth Circuits decision to the U.S. Supreme Court or request an en banc review by the full Ninth Circuit panel. Instead, his attorneys said they planned to fight the case on the merits in the lower federal court. But then minutes after one White House official said the Trump administration would not appeal to SCOTUS, White House Chief of Staff Reince Priebus told The Washington Post that they are actually still reviewing all of our options in the court system. Regardless, federal judges are allowed to call for an en banc vote themselves even if neither party petitions for a rehearing.
http://lawnewz.com/high-profile/breaking-9th-circuit-judge-wants-another-vote-on-trump-travel-ban-decision/
On Thursday night, in a big blow to the Trump administration, a panel of three Ninth Circuit federal judges refused to lift a stay which was issued by Seattle federal Judge James Robart.
Earlier today, Trump indicated that he did not plan to appeal the Ninth Circuits decision to the U.S. Supreme Court or request an en banc review by the full Ninth Circuit panel. Instead, his attorneys said they planned to fight the case on the merits in the lower federal court. But then minutes after one White House official said the Trump administration would not appeal to SCOTUS, White House Chief of Staff Reince Priebus told The Washington Post that they are actually still reviewing all of our options in the court system. Regardless, federal judges are allowed to call for an en banc vote themselves even if neither party petitions for a rehearing.
http://lawnewz.com/high-profile/breaking-9th-circuit-judge-wants-another-vote-on-trump-travel-ban-decision/
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9th Circuit Judge Wants Another Vote over Trump Travel Ban Decision (Original Post)
herding cats
Feb 2017
OP
underpants
(182,877 posts)1. Marking to see the comments
jberryhill
(62,444 posts)2. It just saves a step
A decision en banc is appropriate in this case, and puts it in a better position for the Supremes.
pangaia
(24,324 posts)4. Can you elaborate a bit?
Thanks....
jberryhill
(62,444 posts)11. Yeah, but it would take a long time
In short, most federal appeals court decisions are issued by three judge panels. If someone is going to appeal to the Supreme Court because of it being a "real important" case in terms of urgency or the scope of issues involved, then the Supreme Court would prefer it come up on a review of the entire bench of that circuit, instead of a three judge panel.
It's a better way to get a range of reasoning to deal with.
pangaia
(24,324 posts)12. Thanks jberryhill..greatly appreciated.
jberryhill
(62,444 posts)13. Look at it this way
Let's say it is your job to make hard decisions that are going to affect a lot of people in ways you might not anticipate.
And let's say that, other than a couple other people, there's nobody you are allowed to chat it over with, except for two people who are being paid not to agree with each other.
Your best bet for thinking it through is to see that a lot of other really smart and considerate people have had a crack at it first.
That way, your workload is reduced a little bit by looking over their reasoning and then deciding who had the best way of looking at it, and thinking about what they might have missed or not thought of, instead of working from scratch.
It could be - although not here - that the three judge panel didn't include the sharpest marbles, so the decision might be something of an outlier. By getting the whole team roster to deal with it, then you at least know you have the sense of the whole bench.
Now, I gotta tell you, each circuit has its own reputation, strengths, and weaknesses. Some circuits are overturned more often than others.
Or perhaps they want to issue an en banc unanimous decision? That would be a pretty powerful statement to the Supremes, and to the person who would decide to accept an appeal from the 9th Circuit (Anthony Kennedy).
jberryhill
(62,444 posts)14. The courtroom drawing will be interesting
Does he want to impugn the integrity of an emotive appeals court?
Yeah.
Demit
(11,238 posts)8. But doesn't the case still have to be decided on the merits?
The panel only ruled on the emergency request to stay the TRO. Isn't that what the judge wants an en banc ruling on? Whether to lift the TRO? I'm confused.
If the factual record is clear, and so is the law, then you CAN try to proceed further down the road if you want to, but in terms of appealabilty to the Supreme Court on the TRO, then it's preferable to have the whole bench instead of a three judge panel.
UTUSN
(70,730 posts)3. Huh? Oh, well, we live in MadMax/lawless world now
jmg257
(11,996 posts)5. Well unless the 11 change the decision, trump's team is just gonna re-wrtite the EO.
It ain't over yet.
bdamomma
(63,921 posts)6. What is this about???
did they buy a judge off to overturn the decision????
AngryAmish
(25,704 posts)9. Knowing the 9th Circuit, I bet she just wants to make the rubble bounce.