Ninth Circuit update

Over the weekend the Trump administration filed an emergency motion for an immediate stay and a motion for stay pending appeal of Judge Robart’s order restraining the Trump administration from enforcing its executive order calling a brief timeout on the admission of refugees from seven designated countries (a/k/a “travel ban”). The motion for an emergency stay was denied by a two-judge administrative panel of the Ninth Circuit while briefing was to be completed yesterday afternoon.

The motion and legal argument submitted by the Department of Justice are posted online here. Byron York has performed a service in reviewing the legal argument submitted by the Department of Justice; Byron declares that it demolishes the case against Trump’s order. Byron relegates to a footnote the observation that, Judge Robart to the contrary notwithstanding: “There have been at least 60 people from the seven countries convicted — not arrested, but convicted — of terror-related offenses since 9/11.”

The briefing on the emergency motion was completed yesterday afternoon with the Department of Justice’s reply brief in support of its emergency motion. Politico has posted the reply brief here along with Josh Gerstein’s story on the proceedings. The States of Washington and Minnesota had jointly filed their brief on Sunday; it is posted online here. The Ninth Circuit has set oral argument by telephone at 3:00 p.m. (Pacific) this afternoon before a panel of three Ninth Circuit judges. The stay motion will be heard and decided by Ninth Circuit Judges William Canby, Jr. (a Carter appointee), Michelle Friedland (an Obama appointee) and Richard Clifton (a George W. Bush appointee).

PLEASE NOTE that the Ninth Circuit has set up a special page devoted to the case here. It has done so “[d]ue to the level of interest in th[e] case[.]” The Ninth Circuit page enumerates all filings in the case including court orders and makes them accessible via links. It indicates that the oral argument later today will be live streamed. The court’s link to the live stream is here.

What happens next after the Ninth Circuit weighs in? Andy McCarthy takes a look at the possibilities in “A Supreme Court deadlock on Trump’s travel ban? Not so fast.”

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