In the end, having the acting solicitor general argue the case instead of an unprepared lawyer might not have made a difference with this particular Ninth Circuit panel.
The U.S. Department of Justice asked the appeals court on Thursday to stay any further proceedings in the case, citing Trump’s announcement during a press conference earlier that day that he would issue a new EO during the week of Feb. 19.
After the decision was announced, Trump tweeted, “The security of our nation is at stake.” He is right.
President Donald Trump and his team are weighing their options in the legal challenge to his executive order.
DOJ now has the option of seeking review at the U.S. Supreme Court, which may be a long shot before Judge Neil Gorsuch is confirmed as the ninth justice.
The U.S. Court of Appeals for the Ninth Circuit heard arguments on whether to grant an emergency stay of a district judge’s issuance of a temporary restraining order blocking President Trump’s Executive Order.
The judge’s only role is to review whether the president’s action is authorized by the Constitution and federal law. There is no question that the executive order meets both of those requirements.
Washington and Minnesota’s lawsuit against President Donald Trump’s immigration executive order (EO) showcases a cavalcade of legal errors.
A federal appeals court on Sunday declined to issue an immediate stay of Judge Robart’s nationwide injunction blocking President Trump’s executive order.
A federal judge in Washington State granted a nationwide emergency order on Friday blocking President Trump’s executive order restricting immigration travel, declaring the order unconstitutional.