Supreme Court to hear Trump Travel Order No. 3
Wants to hear both statutory and Establishment Clause issues.
The Supreme Court granted certiorari in the government’s appeal from the 9th Circuit/Hawaii District Court order regarding Travel Order No. 3.
The Supreme Court Order accepting the case for review stated:
The petition for a writ of certiorari is granted. In addition to the questions presented by the petition, the parties are directed to brief and argue Question 3 presented by the brief in opposition.
Here are the three questions presented in the petition:
1. Whether respondents’ challenge to the President’s suspension of entry of aliens abroad is justiciable.
2. Whether the Proclamation is a lawful exercise of the President’s authority to suspend entry of aliens abroad.
3. Whether the global injunction is impermissibly overbroad.
Here is Question No. 3 in the Opposition:
3. Whether Proclamation No. 9645 violates the Establishment Clause.
What this means is that even though the 9th Circuit decision did not rest on a constitutional provision, the Supreme Court wants to here the Establishment Clause issue. That means that the 4th Circuit’s stalling tactic in delaying a ruling (which likely will be based on the Establishment Clause) is less important procedurally.
By way of background, in early December the Supreme Court granted a stay of lower court orders. I wrote that it was a complete slap down of the lower courts, and something that was well deserved. When Hawaii issued its injunction, I wrote:
I can’t say I’m surprised by the result, considering that the Judge involved here already has ruled against Trump. The problem in this decision, as it was in prior decisions by this and other lower courts, is that the Judge is substituting his evaluation of risk for that of the executive branch.
I also noted, when the 9th Circuit stayed much (but not all) of the Hawaii injunction:
These District Court judges are acting like the litigation in the Supreme Court never took place. While it’s true that SCOTUS never ruled on the merits, the fact that it issued stays of lower court injunctions and scheduled the case on the merits (later dismissed as moot) should have been a message to all but the most tone deaf lower Court judges how to handle subsequent litigation.
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Comments
I really get this feeling that the SCOTUS is a bit upset that these lower court judges are cutting into their God-like powers.
If the Greeks taught us one thing, it is that the gods get really jealous when demi-gods threaten their area of power.
Comment winner 2018
Yep, 4th circuits strategery is now for naught. Case will be decided this term no matter what they do. I imagine they’ll slap together a decision pretty quickly now, no more point in delaying.
the Federal 4th Appeals decision is meaningless except for an amicus brief once the SCotUS grabs the case… they just got bitch slapped
I’ll be curious to see whether Ginsburg has the good grace and common sense to recuse herself.
Not holding my breath.
Judges and lawyers simply don’t care about ‘messages’ sent unless the message dovetails with their extra judicial intent. The Hawaiian judge did get a message; the left side of the scotus bench signaled its approbation. Keep up the struggle. Continue needling the opposition.
Ambition and ego and ideology are the driving forces of precedent, law and lawyers, not justice or rule of law. And no, I’m not cynical. Cicero won his peers approval by his force of rhetoric – not because he served the higher cause of justice. What’s changed between then and now? Certainly not the nature of Men.
Delayed travel and increased scrutiny applies to emigration from shitshows that Obama/Clinton created, saved, or progressed.
Very good reading related to this – an excerpt: “And in a not necessarily unrelated story, at least from the standpoint of the lawlessness and lust for raw power of the Establishment and the Leftist-Democrat movement, the Attorney General of California, one Xavier Becerra, is now threatening citizens of his state with prosecution if they cooperate with Federal agents in the exercising of their legal authority to investigate and arrest any illegal aliens within that state. First, recall that when Becerra as a Congressman was chairman of the House Democrat Caucaus, there was a massive data breach by their IT aides the Awan brothers, which then DNC chair Debbie Wasserman-Schultz desperately attempted to cover up. No doubt in my mind that whatever data that was stolen by the Awans must have included clear evidence of criminal wrongdoing by Obama, both Clintons, their aides and key figures in the federal law enforcement and intel communities, related to the Trump campaign as well as most likely the shadier elements of the patently shady Iran nuke deal and other high crimes and misdemeanors.
Circling back, Becerra’s now thug-like threats against his citizenry is apparently in response to DHS Secretary Kirstjen Nielsen’s announcement that the agency intends to arrest mayors and other civic leaders of so-called “sanctuary cities” if they refuse to cooperate with law enforcement in the arrest and deportation of illegal aliens in their jurisdictions. Is it just me or is this insurrection? And what happens when Federal ICE agents actually show up in California to start arresting people or even just to set up offices? Will Becerra and Jerry Brown instruct their state police to “resist?” Never has the expression “Mexican standoff” had a more charged double meaning than right there.
Re-circling back once more to the lead, said Rep Scott Perry of Virginia:
“You think about it, ‘is this happening in America or is this the KGB?’ That’s how alarming this is.”
Now take the lead story, the one about Becerra, the actual Soviet-style labeling of political dissidents and opponents (in this case President Trump) as “insane,” the nakedly illegal and unconstitutional power grabs by judges to block the legal functioning of the Executive branch, the weaponization of the IRS, DoJ, EPA and other agencies to oppress the citizenry, the normalization and instigation of physical violence against conservatives and others, the silencing and censorship of anti-leftist voices in social and other media, and myriad other examples of “the resistance” within the Federal bureaucracy as well as Democrat-controlled state and local governments and you’ve got yourself a situation.
In my life, I’ve always been jaded about politics and political parties but I guess I was blind, willfully or otherwise, to the fact that we indeed no longer have a republic that is even marginally functioning as intended; the people being in control of their destinies and those they elect charged with carrying out their wishes via legislation that is lawfully enacted, faithfully executed and either upheld or overturned in legitimate courts of law by jurists whose loyalty is to the ultimate guidepost, the Constitution.
…”
http://acecomments.mu.nu/?post=373439
Becerra is also involved in the Awan House email and bank fraud case.
He presented a false hard drive image to the Capitol Police during a criminal investigation.
How is he not at least being questioned, and not under indictment for obstruction?
Thanks, I didn’t know that.
Guess you’ve seen this?
“Luke Rozniak: Pakistani IT Aides Made Unauthorized Access Into Congressional Servers in 2016, Accessing Information from Other Congressmen, and Covering Their Tracks”
House investigators concluded that Democratic IT aides made unauthorized access to congressional servers in 2016, allegedly accessing the data of members for whom they did not work, logging in as members of Congress themselves, and covering their tracks…
Their behavior mirrored a “classic method for insiders to exfiltrate data from an organization,” and they continued even after orders to stop…. There are indications that numerous members’ data may have been secretly residing not on their designated servers, but instead aggregated onto one server, according to the briefing and other sources. Authorities said that the entire server was then physically stolen.
When acting on the findings, Democratic leadership appear to have misrepresented the issue to their own members as solely a matter of theft
http://acecomments.mu.nu/?post=373434
I’m hearing that the House IT/Awan scandal is connected to Pelosi, since she is/was head of all congressional DNC.
No evidence yet, but that probably comes out next.
Congressional Demorats sacrificed national security to win votes.
Simple as that.
Probably treason, we already know about the seditious conspiracy part.
He is not being questioned or indicted because he is a “Connected Person” on the Left and therefore above the law.
Right now, Becerra IS The Law in CA.
Run away.
Becerra is one of Stanford Law School’s finest thugs. SLSchool once turned out legal scholars like Rhenquist; now it advertises its function as turning out law-fare warriors like Becerra. A recent fundraising letter boasted about the ability of SLSchool’s students to participate in a full-time legal clinic to, among other things, represent a “mosque with zoning issues.”
Has he said anything about the Electoral College?
LOL
The goons in CA and that little sh!thead in Hawaii will have another meltdown.
Rick
At least one of Trumps appeals court nominees hails from Stanford.
A few conservations sneak all the way through, if they keep quiet while there.