Democrats will find a judge in the Ninth Circuit who believes that a district court judge has the power to overrule the statutory authority clearly granted to the president to declare a national emergency. What happens then? I think it is quite possible that the Trump administration will appeal directly to the SCOTUS, bypassing the Ninth in the name of a national emergency. He might even decide to take a stand against the new concept of district court jurisdiction over the entire United States.
Good point. District Court decisions against Federal action should only negate the actions of the Federal Government within that district. The only Appellate decisions that should affect Federal action within the entire nation are those from the Supreme Court.
