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Hawaii seeks injunction from 9th Circuit to halt Trump application of SCOTUS Travel Ruling

Hawaii seeks injunction from 9th Circuit to halt Trump application of SCOTUS Travel Ruling

Emergency Motion for Injunction Pending Appeal filed

Last night a District Court judge denied the State of Hawaii’s emergency motion to “clarify” how the Trump administration is applying the Supreme Court’s ruling on Travel Order No. 2.

See my post last night, Judge Denies Hawaii request to halt Trump admin interpretation of SCOTUS Travel Order ruling. The District Court judge refused to consider the request to “clarify” his prior injunction, telling the parties to go to the Supreme Court if they want a to interpret the Supreme Court’s Order.

Today Hawaii filed its appeal (pdf.) in the 9th Circuit. A full copy is embedded below.

“The Government began enforcing the non-enjoined portions of the Executive Order on the evening of June 29, 2017, and it continues to enforce them. The guidance the Government has released, the submissions it has made to the District Court, and other public notices together demonstrate that throughout this time the Government has been directing U.S. consulates and refugee processing organizations to deny entry to foreign nationals against whom the Supreme Court held the Order “may not be enforced”—including individuals whose grandparents and other close relatives live in the United States, and numerous refugees with extensive connections to U.S. entities. These actions are grossly unlawful, and they inflict ongoing and irreparable harm to persons in the United States whose relatives and associates are being denied entry to this country each day.

Plaintiffs-Appellants respectfully request that this Court issue an emergency injunction pending appeal of the District Court’s denial of Plaintiffs-Appellants’ Motion for Clarification of Scope of Preliminary Injunction, and that the temporary injunction bar the Government from enforcing the Executive Order in the unlawful manners set forth in Plaintiffs-Appellants’ clarification filings below and Addendum Exhibit B, and explained more fully in the attached Motion filed here.”

The appeal has a new appeal number, so I’m not sure if this goes back to the same panel that upheld the Hawaii Judge’s original injunction (which later was mostly stayed by the Supreme Court), to a different panel, or to a motion judge. Hawaii has suggested the motion be referred to the original panel:

“Because of the urgency, the Court may wish to refer this motion to the panel that ruled on the merits of the case and that issued an earlier order modifying the injunction at issue in this motion.”

This post will be updated


Hawaii v Trump – 9th Circuit – Post SCOTUS Emergency Appeal by Hawaii by Legal Insurrection on Scribd


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OleDirtyBarrister | July 7, 2017 at 3:29 pm

Who is offering the odds on the Ninth Circuit doing what it wants to do instead of what it should do?

    They just got their heads handed to the by the SCOTUS in a very humiliating fashion. It was unanimous, 9-0. Headlines across the nation. Why would they want to go through that again? My bet is that they confirm the District court ruling.

      OleDirtyBarrister in reply to Pasadena Phil. | July 7, 2017 at 3:56 pm

      The prospect of being overruled by SCOTUS has never stopped the Night Circuit from doing what it wants. The judges on that court are politicians with an agenda masquerading as judges applying the law as neutral arbiters. They never give up on the agenda. See for example the dissent in Weitzenhoff v. US and the majority’s treatment of SCOTUS’ prior decision in the Staples case discussed therein.

      redc1c4 in reply to Pasadena Phil. | July 7, 2017 at 3:57 pm

      “Why would they want to go through that again?”

      because they’re stupid? part of The #Resistance?

      never underestimate just how stupid the 9th Circus is…

      pablo panadero in reply to Pasadena Phil. | July 7, 2017 at 4:35 pm

      The assumption is that in 4 years Trump is out, Hillary is in, and this on the resume lands one of the a Supreme Court nomination.

Even the Ninth will have a hard time seeking “clarification” from the Supremes on this, considering the 9-0 vote.

Judicial self-preservation alone should mean they’ll take a pass on irritating the Supreme Court, again.


Close The Fed | July 7, 2017 at 3:34 pm

This is bizarre.

Some people are dense as lead.

    Oh, come now! Don’t insult lead like that! 😉

    No, these people are so dense, they’re on the verge of collapsing into a veritable black hole of Leftist insanity (or inanity).

Congress needs to pass some “loser pays” provisions for these bogus federal lawsuits.

If lefty SJW’s want to waste federal courts, and DOJ lawyers’ time with this garbage, they should be the ones paying for it, not taxpayers.

    OleDirtyBarrister in reply to Observer. | July 7, 2017 at 3:50 pm

    Provisions already exist under Fed. R. Civ. P. 11 and 28 U.S.C. 1927, but the standards are a bit too high and could use some modification. Rule 11 is an objective standard, and Sec. 1927 is a subjective standard. The question is, however, whether the DOJ would ever go to the efforts to file a motion and pursue sanctions against state AG’s. They would prefer not to, most likely, because they have to work with those people on other things. If I were POTUS, I would demand it.

Prediction: SCOTUS will smack them into the next century if they bite. Decision will be like a ricochet.

Does the government of Hawaii work for the American citizen?

One could think that they are at the service of a foreign government.

Hawaii barely had enough Muslims to get standing in the beginning. After the SCOTUS ruling, exactly how many Muslim grandparents can they find to maintain standing ?

It must be nice to have an endless supply of money to pursue your personal agenda.

    Wrathchilde in reply to Neo. | July 8, 2017 at 7:55 am

    The citizens of Hi don’t seem to mind, as they keep electing these geniuses.

Blaise MacLean | July 7, 2017 at 4:20 pm

I think the lawyers/AG who bring such a spurious claim should be hit with costs…personally (taxpayers shouldn’t have to pay because they never gave instructions to bring the claim)

Wow. Is the AG of Hawaii running for office? Is there a senate or governor’s seat opening up next year in Hawaii?

Yeah. Even the ninth circuit isn’t going to touch this one.

The SCOTUS is approaching the tee box. Looks like they’ve selected a driver. They’re addressing the injunction. There’s the backswing….


I was reading somewhere that the Norks could reach Hawaii with a missile. Is that bad?

    Wrathchilde in reply to Old0311. | July 8, 2017 at 7:57 am

    I’d have to say that yes, it is bad.

    Hi may have a lot of morons that would be better off playing catch with a NoRK nuke, but they’re *our* morons.

    At least on paper.

Not unexpected. The last thing the State of Hawaii wants to do is directly petition the SCOTUS for a clarification. They will appeal to more sympathetic courts.

What will be interesting is what action the 9th will take here. Again, the correct course of action would be the same taken by the district court, referring the petitioner to the court of origin, the SCOTUS. Personally, I think that this is exactly what will happen. The recent SCOTUS decision excoriated the decision of the various district courts as well as both of the decisions rendered by the 9th Circuit. Politically, it is a much wiser course of action for the 9th to simply kick the request upstairs.

I’d look for a repeat of the district court’s action, here.

“Because of the urgency, the Court may wish to refer this motion to the panel that ruled on the merits of the case and that issued an earlier order modifying the injunction at issue in this motion.”

What I’m hearing is, “We want our request to go to Big Sis and not Dad, because Big Sis said yes before Dad said no.”

They’re playing the various levels of the Judiciary off each other, just like any toddler does with his/her parents.

There might be a quicker way to get Dad [SCOTUS] to issue a smack-down to all whining/disobedient parties, but I can’t think of one. 😉

The evolution of left-wing anti-nativism, [class] diversity, elective wars, selective-child, selective morality/law/science, etc. has a clear and progressive history.

It would be most unwise for the Ninth Circuit to be presumptuous enough to clarify an order that its own District Court believes is an order of the United States Supreme Court. The stakes are higher here. They risk the ire of a unanimous Supreme Court. It is one thing to get your digs in at POTUS,(a separate branch of Government). It is entirely another thing to try to usurp the power of SCOTUS. That is a deep and dangerous escalation for the Ninth Circuit. It could garner enough Congressional support to finally break up that Circuit.

    sidebar in reply to countrylaw. | July 7, 2017 at 6:43 pm

    Wow, the Attorney General of Hawaii, Doug Chin, was given leave to file with SCOTUS, not permission to file an Interlocutory appeal with the Ninth Circuit.

    This guy is really going to upset a trial judge who was favorably disposed as well as all nine Supreme Court justices. Amazingly poor judgment.

    dystopia in reply to countrylaw. | July 7, 2017 at 6:46 pm

    You think Doug Chin and the judges of the Ninth Circuit are aiming at being the first people citied for contempt by SCOTUS in decades?

      Wrathchilde in reply to dystopia. | July 8, 2017 at 8:00 am

      Being impeached didn’t prevent Alcee Hastings from being elected to Congress, maybe Chin’s shooting for Hawaii Gov?

No, it would give me bait for gullible fools to take.