This. It's an object lesson for #SCOTUS on why, one of these days, it ought to enter at least the 20th century (if not the 21st).https://twitter.com/rickhasen/status/829825798747992065 …
.@steve_vladeck Also, note the unanimity of the panel despite ideological differences. Another object lesson for #SCOTUS
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"There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our const. democracy."
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Pages 21-22: Don McGahn's memo as White House Counsel cannot supersede an executive order.
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Page 22, 9th Circuit throws some shade on the Trump Administration not having its act togetherpic.twitter.com/o9pp2XrlxM
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And, offering a counterpoint to Sam Bray, 9th Circuit offers a defense of a nationwide injunction in this contextpic.twitter.com/QIeyzLi20K
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9th Circuit offers another path to Trump Admin. besides SCOTUS, district court: rewrite to executive order to avoid constitutional problemspic.twitter.com/gl0qU0FIWo
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Perhaps to keep J. Clifton, 9th Circuit panel weighs in only on due process issue, and not religious discrimination/"Muslim ban"pic.twitter.com/3hpN9Dkxwi
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All in all, this opinion manages to reach merits unanimously,decide very little.Hard to see 5 votes (maybe not even 3)to overturn at
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OK 9th cir/
#appellatetwitter nerds: what about trying to go en banc in hopes of getting a conservative draw? (But if you've lost Clifton) -
So what happens next in EO case? Trump admin will either petition entire 9th Cir. (en banc) or
#SCOTUS to reverse today's ruling (/1) -
#AppellateTwitter seems to lean#SCOTUS. That would likely not be to get a win but to hope for a 4-4 split. More likely is 6-2 (/2) -
That's not how it might come out when case is fully done but in this procedural posture. Maybe you get J. Alito or Thomas to dissent (/3)
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Don't think that's the wise course, but sounds like that's what the President wants. But meanwhile (/4)
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case will proceed in district court on the preliminary injunction hearing. There will be more evidence, a ruling, and new 9th appeal (/5)
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based on that ruling, we could see another round of emergency stay requests from losing side. (/6)
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under normal circumstances this could easily stretch more than a year. And so what's the alternative? (/7)
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Trump admin could withdraw and rewrite the EO, solving some of the constitutional issues but given Pres's statements not all (/8)
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A new EO could be subject to new challenge starting all this over. But if it is drafted more carefully, better chance of being upheld <end>
End of conversation
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But prof, doesn't this TRO go to Kennedy only? Not the full
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By tradition, he'd refer it to the full Court if it's sufficiently close or controversial.
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True. & know I'm not drawing a fair comp, but Sotomayor issued a stay on her own during the marriage equal args
End of conversation
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