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herding cats

(19,567 posts)
Fri Feb 10, 2017, 08:50 PM Feb 2017

9th 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. 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. 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 Circuit’s 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
Marking to see the comments underpants Feb 2017 #1
It just saves a step jberryhill Feb 2017 #2
Can you elaborate a bit? pangaia Feb 2017 #4
Yeah, but it would take a long time jberryhill Feb 2017 #11
Thanks jberryhill..greatly appreciated. pangaia Feb 2017 #12
Look at it this way jberryhill Feb 2017 #13
heh Scoopster Feb 2017 #7
The courtroom drawing will be interesting jberryhill Feb 2017 #14
But doesn't the case still have to be decided on the merits? Demit Feb 2017 #8
Depends jberryhill Feb 2017 #10
Huh? Oh, well, we live in MadMax/lawless world now UTUSN Feb 2017 #3
Well unless the 11 change the decision, trump's team is just gonna re-wrtite the EO. jmg257 Feb 2017 #5
What is this about??? bdamomma Feb 2017 #6
Knowing the 9th Circuit, I bet she just wants to make the rubble bounce. AngryAmish Feb 2017 #9
 

jberryhill

(62,444 posts)
2. It just saves a step
Fri Feb 10, 2017, 08:56 PM
Feb 2017

A decision en banc is appropriate in this case, and puts it in a better position for the Supremes.
 

jberryhill

(62,444 posts)
11. Yeah, but it would take a long time
Sun Feb 12, 2017, 12:47 AM
Feb 2017

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.

 

jberryhill

(62,444 posts)
13. Look at it this way
Sun Feb 12, 2017, 02:05 AM
Feb 2017

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.

Scoopster

(423 posts)
7. heh
Fri Feb 10, 2017, 09:21 PM
Feb 2017

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
Sun Feb 12, 2017, 02:07 AM
Feb 2017

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?
Fri Feb 10, 2017, 09:22 PM
Feb 2017

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.

 

jberryhill

(62,444 posts)
10. Depends
Sun Feb 12, 2017, 12:43 AM
Feb 2017

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.

jmg257

(11,996 posts)
5. Well unless the 11 change the decision, trump's team is just gonna re-wrtite the EO.
Fri Feb 10, 2017, 09:05 PM
Feb 2017

It ain't over yet.

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