Justice Department asks Seattle judge to defer action on Trump order

[DonViejo]

Source: Reuters



13 FEB 2017 AT 15:47 ET

The U.S. Justice Department said on Monday a Seattle federal judge should not conduct further proceedings until after a U.S. appeals court reviews the suspension of President Donald Trump’s travel ban from seven-Muslim majority countries, according to a court document.

Trump’s order, which he called a national security measure meant to head off attacks by Islamist militants, barred people from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering for 90 days and all refugees for 120 days, except refugees from Syria, who were banned indefinitely.

U.S. District Judge James Robart in Seattle suspended Trump’s order after its legality was challenged by Washington state, eliciting a barrage of angry Twitter messages from Trump against the judge and the court system. That ruling was upheld by the 9th U.S. Circuit Court of Appeals in San Francisco last week, raising questions about Trump’s next step.

An unidentified judge on the 9th Circuit on Friday requested that the court’s 25 full-time judges vote on whether the temporary block of Trump’s travel ban should be reheard before an 11-judge panel, known as en banc review. The 9th Circuit asked both sides to file briefs by Thursday.

Read more: http://www.rawstory.com/2017/02/justice-department-asks-seattle-judge-to-defer-action-on-trump-order/

[unblock]

1. trying to delay it getting to the supreme court until they have 5-4?

well, until they *think* they have 5-4.

i suspect it would be unanimous against him....

[still_one]

2. Probably, but they also may be assuming a lot. Kennedy and even Roberts are NOT a given

[cstanleytech]

3. True but I still wouldnt trust Roberts as far as I could throw him. nt

[still_one]

4. I agree, it is a tenuous position for us to be in

[Auntie Bush]

7. I hope the SCJ realizes this and takes the case as soon as possible.

[LastLiberal in PalmSprings]

8. That's my thought (delay until 5-4 on SCOTUS)

Our plan should be to delay the S.C. vote as long as possible.

[truebluegreen]

9. If it gets to the court I'm betting on a 6-2 vote

with Roberts and Kennedy voting with the liberal justices. I think for them maintaining a stable climate for business and international trade etc is more important than xenophobia. Also looking principled matters. Also Trump has gone overboard insulting Roberts in the past so I doubt if R is particularly motivated to make nice with the baboon...who he may think will not be around for long.

[Lucky Luciano]

5. Hopefully the justice department was laughed at. nt

[Phoenix61]

6. There's no guarantee the supreme court would hear this case

[truebluegreen]

10. I doubt if the SC will take the case.

Typically they won't unless there is a split between lower courts--which hasn't happened and I think will not happen. The EO was such a sloppy amateurish effort I can't see anyone upholding it.