Ninth Circuit Judge Buys Trump Time

February 12, 2017

When the terrrorist ban makes it to the Supreme Court, it will be upheld. Not just because it’s clearly allowed by the law of the land, but because the independence of the judiciary needs to be preserved.

Even with only eight justices, SCOTUS would uphold the law. Breyer and Kagan might be the most likely liberal justices to vote correctly here, but it wouldn’t surprise me if the Court were unanimous in favor of the terrorist ban.

But why take that risk? The Trump administration would prefer a face-saving way to delay the Supreme Court appeal until Justice Gorsuch is seated. And a Ninth-Circuit appellate judge may have just provided it.

The anonymous judge (Kozinski?) just requested that the Ninth Circuit reconsider the case “en banc,” i.e. with a larger panel of Ninth-Circuit appellate judges. The parties have until the 16th to brief the court on whether there should be an en-banc hearing. If there’s an en-banc hearing, the additional briefing, oral arguments, and decision(s) will take more time after the 16th.

SCOTUS could also decide to hear the case sua sponte (of its own volition.) But that is unprecedented, and even more unlikely given these circumstances. SCOTUS hates having to decide this case. It will only do so when it must.

So expect the appeals process to play out a bit more, until Justice Gorsuch can be seated, and Trump appeals to SCOTUS. Then we win.

14 Responses to Ninth Circuit Judge Buys Trump Time

  1. IOKIYAR on February 12, 2017 at 11:37 am

    How is it a “terrorist ban” if it excludes Saudi Arabia, Lebanon, Egypt, and the UAE? Maybe one of the judges will ask why these countries are excluded.

    • OneOverPluto on February 12, 2017 at 2:30 pm

      You do know the list was compiled by the Obama Admin?
      You do know the countries are terrorist Iran and nations lacking a functional govt that can provide documentation on their citizens?
      Oh. It’s IDIOTAR. Never mind.

      • IOKIYAR on February 12, 2017 at 9:21 pm

        So Trumps EO shitstorm is Obama’s fault. Got it.

        • OneOverPluto on February 12, 2017 at 9:47 pm

          IDIOTAR, there are documented cases where the brain damage has been reversed.
          Keep hope alive. Cut back on fake news consumption.

          • Andy in SC on February 13, 2017 at 4:23 am

            ^ I’m sure IOKIYAR was extremely outraged when 0Zero compiled the list of countries.

            Oh wait! except he wasn’t!

            He MUST spew faux outrage now, which only
            exposes IOKIYAR for the hypocrite he truly is

            Rather pathetic.

            • OneOverAndy on February 13, 2017 at 2:14 pm

              Uh, Andy, Obama didn’t impose a ban on Muslims.

            • Andy in SC on February 14, 2017 at 4:07 am

              ^ Neither did Trump, DUMBASS.
              a “ban on muslims” only exists in your indoctrinated mind.

              Trump setup a temp ban to protect America from TERRORISTS

              0bama didn’t do that, which is just one of MANY reasons why he was such a total FAILURE.

  2. OneOverJim,MtnView,CA on February 12, 2017 at 2:42 pm

    Oh, Jim, stop carrying the silly water.

    Or, should we all you IDIOJIM, to keep pace with your silliness.

    • Andy in SC on February 13, 2017 at 4:18 am

      ^ derranged butt-hurt crybaby cannot help himself

      he MUST cower behind stolen names or
      stupid pseudonyms to fling his poo…

      He’s still too much of a coward to post under his regular handle.
      What a silly and totally pathetic douchebag.


      • OneOverJim,MtnView,CA on February 13, 2017 at 8:23 am

        Uh, Andy, dear, you do realize that “OneOverPluto” is a fake name?

        Right wingers have such complicated outrages.

        • Andy in SC on February 13, 2017 at 9:16 am

          ^ uh, dumbass…
          Jim is NOT trying to hide who he is, moron.
          …he even uses the SAME avatar.

          But YOU DO COWER under stolen or fake names
          …slithering around PRETENDING to be someone
          , which is LAUGHABLE stupidity on YOUR part

          Like I said before:
          You’re a butt-hurt crybaby who CANNOT help yourself
          you MUST cower behind stolen names or
          stupid pseudonyms to fling his poo…

          It’s because you’re a feckless-craven coward
          …and because you’re ashamed of your beliefs.

          Flail-on, you silly pathetic coward.

          • OneOverAndy on February 13, 2017 at 2:12 pm

            Oh, Andy, you are making distinctions without differences.

            Ask yourself, why did Jim have to change his name?

            Poor butthurt little Andy the baby.

            • Andy in SC on February 14, 2017 at 4:10 am

              ^ The “differences” could not be more plain, moron.

              Jim doesn’t hide his identity
              but YOU DO hide yours like a pussy

              You’ve been reduced to cowering under
              stolen or fake names, PRETENDING to be
              someone else and you just keep making
              more & more of a FOOL of yourself like I predicted.

              Awwww, poor butt-hurt little crybaby.

              What makes you more angry?
              – the fact you keep getting outted? or
              – the fact you keep proving me right?


  3. Clark on February 17, 2017 at 8:41 am

    Anger and rage is all they have left

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