Here's the order. Looks like it's unanimous: 3-0. Interestingly: it's per curiam. No author. https://assets.documentcloud.org/documents/3457898/2-9-17-9th-Circuit-Order.pdf …pic.twitter.com/SrYPbB03d2
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Here's the order. Looks like it's unanimous: 3-0. Interestingly: it's per curiam. No author. https://assets.documentcloud.org/documents/3457898/2-9-17-9th-Circuit-Order.pdf …pic.twitter.com/SrYPbB03d2
Per curiam means that the opinion is "written by" "the court," not by any individual judge.
I don't see this often but I also don't see written opinions in emergency appeals of TROs very often, so maybe not unusual. But.
Maybe they were accounting for Trump tweeting later? Now he has to tweet angrily at some guy named Per Curiam.
Would be interesting to see stats on that, I'm not aware of any, but it's true there's no dissent to fall back onhttps://twitter.com/andrewsheeler/status/829834299960619009 …
I think it would be stupid to take this one to SCOTUS now, but I think several things that have happened are quite stupid
WH hasn't even put forth a NOMINEE. One of the candidates withdrew today, citing vitriolic Sessions confirmationhttps://twitter.com/NicoleOKing/status/829835064359923712 …
Going to set aside my work now and tweet out portions of the opinion as I read it
Going to reiterate that I don't have any special expertise in this area of law, so this is just going to be basic bitch lawyer commentary
Will try to aggregate links to better commentary as it appears, later
9th Circuit is chucking out the parens patriae theory but not deciding it for now.pic.twitter.com/sSDxvSmfc4
Looks like standing comes from the universities. That's interesting and if this stands, it's going to open up a lot of lawsuitspic.twitter.com/JpygoBqsuj
Court says Mandel case doesn't mean the EO is not subject to judicial review, it's too sweeping for Mandel to be on pointpic.twitter.com/Fy1mJi4F6i
Really interesting to see Obama-era incoherent nat-sec motivated 1st Am cases come back as troubling precedentpic.twitter.com/nkn3587UmJ
Like. Humanitarian Law Project's dissent is getting thrown in herepic.twitter.com/DWfvihxKNA
Humanitarian Law Project is a case about lists of terrorist designations and "material support" — https://www.supremecourt.gov/opinions/09pdf/08-1498.pdf …
HLP sought to give legal training to PKK and Tamil Tigers, and this was deemed material support for terrorism. Government won this case
Rules of citation means the cases get cited backwards through time. creates a striking picture here: a line from 9/11 to Japanese detentionpic.twitter.com/wZmqwxRP8V
This is the standard that has to be applied to the govt's request. 9th Circuit concludes the government failed at step 1 and 2pic.twitter.com/4jzzeQ2XEH
#1 is key here. The 9th Circuit is looking at this case and going, "Yeahhhhh, you guys are going to lose."*
* legally speaking, "you guys can't prove that you're likely to win"
All aliens in the US have due process rights. And "certain aliens" (they don't specify) attempting to re-enter have due process rights toopic.twitter.com/AKGi41fag4
Court throw shade on White House counsel, says there's no evidence that counsel is empowered to supersede the EO with clarifying instructionpic.twitter.com/0pg63dxg8J
TRO will continue to be nationwide, and the scope will not be narrowed by the 9th.
pic.twitter.com/JlaxEeBovE
9th Cir: TRO might be overbroad but why did you write such a bullshit EO then, stop hitting yourselfpic.twitter.com/CHtwiaqj1l
I thought that the situation with Giuliani and the EO reminded me of Lukumi Babalu Aye, let me explainpic.twitter.com/EPPJCjXW4I
Lukumi is a case about a Florida municipality that banned the killing of animals not for consumption https://en.wikipedia.org/wiki/Church_of_the_Lukumi_Babalu_Aye_v._City_of_Hialeah …
The ordinance was targeted at santeria. A santeria church sued.
Lot of perfectly good reasons to ban the killing of animals not for consumption. So Hialeah, Florida might have gotten away with it. But.
The idiot city council basically filled up the official record with open denunciations of santeria and satanic practices
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