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The 9th Circuit seems headed toward re-hearing the entire issue en banc. The Court has just requested briefs from both sides. As far as I know, that's a bit unusual and only done when the original 3 judge panel has done something very questionable.


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Hope so

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I'd bet the original judge and the 3 following received a nice retirement package.


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The others either want to make it right or want their cut. I'll go with B.


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Let's wait and see.

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The higher courts, or any court for that matter are no place for politics. At least thats how is should be. Seems the 9th ciruit is letting their judgement be clouded by their schitty liberal antics.


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They have been doing that for way to long a time.


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Strange thing happened to a conservative judge recently, leaving a vacancy. It could happen elsewhere.


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Originally Posted by Mgw619
The higher courts, or any court for that matter are no place for politics. At least thats how is should be. Seems the 9th ciruit is letting their judgement be clouded by their schitty liberal antics.

Activist judges have been around since judges were given the ability to decide on the constitutionality of a question before their court.

For as long as I can remember the 9th Circus has been handing down activist opinions, reversing local, state and federal law and ignoring the US Constitution.

The US Constituion is not a hard read. The average person can get through it, and understand what is plainly written, in about an hour...maybe longer if you have to move your lips when you read.

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This pm Trump said he may rewrite the EO monday or tuesday and resubmit it.

With actions taking place to split the 9th i figure the 9th wanto cool the impending schittstorm by being maybe more 'congenial'.


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The ninth circuit (the most reversed court in history) is going to hold hearings on themselves?

Gee....I wonder how that'll turn out? whistle

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The first opinion was just a three judge panel. The re-hearing is for the full group.
The full group tends to echo the 3-judge decisions, so it's just another step that has to be taken.

BTW, the 9th Circuit has an 85% turnover rate by the Supreme Court. Talk about idiots that won't learn!

Ed


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The 9th Circuit put themselves is a very precarious position with this decision.

Imagine if there is an immigrant terrorist attack at any time in the future.

It will quickly become known as the “9th Circuit attack” and this court will be saddled with all of the blame.



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Originally Posted by Anaconda
The 9th Circuit put themselves is a very precarious position with this decision.

Imagine if there is an immigrant terrorist attack at any time in the future.

It will quickly become known as the “9th Circuit attack” and this court will be saddled with all of the blame.



That was the first thing I thought about when I heard the outcome.
They better hope a muzzie bomber that entered the country after they decided the constitution was less important than some professor from another country's inconvenience is doesn't kill a pile of snowflakes.

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Originally Posted by APDDSN0864
The first opinion was just a three judge panel. The re-hearing is for the full group.
The full group tends to echo the 3-judge decisions,


This^^^.

They want to validate the 3-judge decision to make it more credible in the hope that it will be more difficult for SCOTUS to overturn it...............I'd be completely shocked if it's anything else.

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Originally Posted by APDDSN0864
The first opinion was just a three judge panel. The re-hearing is for the full group.
The full group tends to echo the 3-judge decisions, so it's just another step that has to be taken.

BTW, the 9th Circuit has an 85% turnover rate by the Supreme Court. Talk about idiots that won't learn!

Ed


This.

Let that sink in awhile... whistle

The "Nutty Ninth" has earned it's nickname.

AND they have a caseload backup of over 13,000 cases. Can America continue to let these idiots dictate law and legislation?


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Originally Posted by denton
The 9th Circuit seems headed toward re-hearing the entire issue en banc. The Court has just requested briefs from both sides. As far as I know, that's a bit unusual and only done when the original 3 judge panel has done something very questionable.


why would the en bloc court rule any differently? They are all commie bastards on the 9th Circuit, and they all hate, ignore, and abuse the Constitution.


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agreed... Trump could always ignore the request for brief to be filed. give them the finger, in a way

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I came across this opinion this morning while sipping my pre-7am ER cuppa joe.

Interesting read. Basically, the author's opinion confirms one of my suspicions from the get-go on this whole "anti-Muslim" EO. He's suggesting that it was and designed to be a straw man, to sucker the Left into going FOP mode (full-on protest) and at the same time show the more gullible Trump voters that he was/is fulfilling an election promise that he could fulfill and is fulfilling anyway.

So, by issuing the bombastic EO, Trump has effectively 1) ramped up the hysteria of the Left's activist circles, goading them into showing America just how batshit-crazy they are; 2) displayed his intention of fulfilling his campaign promise; 3) distracted the Left from the ongoing fight to get his cabinet appointments pushed thru Congress, and particularly his SC appointment; and 4) distracted EVERYbody from watching him unleash the dogs of INS, Border Patrol, and Homeland Security on the illegals among us.

This Trump guy just keeps looking smarter and smarter to me.

Originally Posted by conservative_treehouse
Currently, thanks to the ridiculous political judicial opinion of the 9th Circuit, the entire professional left and Democrat party are on display trying to block President Trump from protecting the American people. As a direct consequence they own any negative outcomes, including any act of terrorism, that might happen in the next several months.

Why would President Trump remove that political liability? If he’s smart, and he’s proven he is way beyond smart, he won’t.

Behind the scenes, and unrelated to the judicial ruling, President Trump can use his cabinet team to construct immigration and visa review policy that accomplishes the security goal. The Attorney General (Sessions), DHS (Kelly) and State Department (T-Rex) can execute departmental policy objectives under existing legal authority.

President Trump never really needed the majority parts of the executive order to carry out the security agenda. However, using the XO provided a highly public approach toward showing the American electorate he was fulfilling a campaign security promise. Tightening the visa approval process and executing “extreme vetting” doesn’t require anything except a policy and procedural change.

If President Trump does nothing, the underlying challenges to the Executive Order continue forward in the courts, while he gets his SCOTUS pick -Gorsuch- on the bench. If he so chooses, the DOJ can eventually bring the case to the Supreme Court, where almost everyone admits the Ninth Circuit and Judge Robarts decision will be overturned and all of the protestation from the left will have been for naught.

In the interim of the slow case proceeding, ANY instance of violence and terrorism provides President Trump the opportunity to use his bully pulpit -and Twitter- to hang the occurrence, foreign or domestic, like a millstone around the neck of Democrats up for elected office in 2018.

There is no downside on the domestic security agenda for President Trump; however, the Democrats are fraught with fear that something might just happen. Ultimately, THIS, the politics behind the entire construct, is the reason for the ninth circuit tonight asking for an en banc hearing of their own judicial ruling.


https://theconservativetreehouse.co...now-demands-it-be-protected-from-itself/


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