9th Circuit offers another path to Trump Admin. besides SCOTUS, district court: rewrite to executive order to avoid constitutional problemspic.twitter.com/gl0qU0FIWo
Professor of Law and Political Science at UC Irvine; Election Law Blogger. Author #JusticeofContradictions coming March 2018 http://amzn.to/2CoWbzx
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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
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
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 #SCOTUS
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)
Don't think that's the wise course, but sounds like that's what the President wants. But meanwhile (/4)
case will proceed in district court on the preliminary injunction hearing. There will be more evidence, a ruling, and new 9th appeal (/5)
based on that ruling, we could see another round of emergency stay requests from losing side. (/6)
under normal circumstances this could easily stretch more than a year. And so what's the alternative? (/7)
Trump admin could withdraw and rewrite the EO, solving some of the constitutional issues but given Pres's statements not all (/8)
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>
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