Chief Judge of the 9th Circuit wants the full court to re-hear the issue of immigration ban
Posted on | February 11, 2017 | 42 Comments
Chief Judge Sidney Thomas of the 9th Circuit Court has instructed both Trump’s DOJ team and lawyers for the State of Washington and Minnesota to file briefs due by Thursday February 16th, stating whether they believe the motion should be considered en banc. To get a rehearing, a majority of the 25 active judges on the court would need to vote in favor. Some legal experts contend however that it is unlikely that a majority of judges (most of whom were appointed by Democrats) would agree to this.
| Luigi | Judge wants en banc…. https://online.wsj.com/public/resources/documents/2017_0210_ninth_circuit.pdf |
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42 Responses to “Chief Judge of the 9th Circuit wants the full court to re-hear the issue of immigration ban”
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29839 Sta Margarita Pkwy, 
Videography by Barbara Rosenfeld 

February 11th, 2017 @ 6:55 am
Sounds like a predictable attempt to stall this case reaching the SCOTUS in order to deliberately give more time for terrorists to infiltrate our borders to increase their numbers to cause maximum death and destruction.
February 11th, 2017 @ 6:58 am
no. This is a new Chief judge. He is in Billings, Mt. I think that he is embarrassed by this horrible decision of totally lawless judges. He wants to show that he is different, that he does not agree with their crap
February 11th, 2017 @ 7:36 am
Orly
Since we have sick liberal judges who can’t interrupt the constitution, how about this…………
Forget Terrorists, What about Screening Refugees for DISEASES
Are we missing the boat? What happened to the screening of refugees for diseases? 22% of the resettled refugees in Minnesota tested positive for tuberculosis. Refugees have other diseases such as hepatitis B, parasites etc. Is there funding for the screening of all the refugees? Want to stop and slow down the flood of refugees, than check their medical background and test them.
February 11th, 2017 @ 8:36 am
I am glad to hear he might be embarrassed. My opinion is the 3 judges are a disgrace and they need OFF the bench.
I saw plenty of other judges Orly over the past few yrs. that totally mistreated you!!!
February 11th, 2017 @ 8:54 am
still if the new judge is genuine and the chance of a majority of 25 other judges is unlikely..
the result will be a stall.
February 11th, 2017 @ 10:38 am
Trump is issuing a new ban on Monday or Tuesday, so the current ban is moot
February 11th, 2017 @ 11:02 am
Well, once Sessions gets into action, I would think that wouldn’t his decision overrule anything these other judges come up with?
February 11th, 2017 @ 11:05 am
And check out the newest edition of the National Enquirer…
The front cover is dynamite! With two pages inside that O is trying to pull off!
But Dick Morris has the answer, so to speak.
Haven’t had time to go to National Enquirer dot com, as I guess this is where we’ll find out what Trump has to do to stop things!
February 11th, 2017 @ 11:12 am
With all the fake/forged passports/green cards, everyone who enters the country should have their travel documents screened.
February 11th, 2017 @ 1:59 pm
A true patriot would know his Constitution and therefore know that the Executive Branch cannot overrule judges. Because if it could, Obama would have overruled so-called Judge Hanen.
February 11th, 2017 @ 2:28 pm
Netanyahu coming to USA next few days with sensitive information and EVIDENCE of soetoro/kerry on UN resolution…
[foxnews 12/28/16]…
But Netanyahu on Wednesday made the firmest — and most-high ranking — accusation that America secretly worked toward advancing the resolution.
“We have it on absolutely incontestable evidence the U.S. organized, advanced and brought this resolution to the Security Council,” said Netanyahu, who promised to share the “sensitive” intelligence with the incoming administration of President-elect Donald Trump.
February 11th, 2017 @ 2:37 pm
University of California at Berkeley School of Law (Boalt Hall) once used to have really good law professors. One of them, John C. Yoo, wrote a synopsis, below, for the book by Robert H. Bork “Coercing Virtue. The Worldwide Rule of Judges.” Written in 2003, the book and the synopsis are even more actual today:
“Coercing Virtue is an important work for anyone interested in the expansion of governmental power over society and culture, the rule of law, and the growing internationalization of our politics. Judge Robert Bork is our nation’s most intelligent and forceful critic of the role of judges in modern American society. In this compelling new book, he focuses on the legalization of international affairs and the politics of Western nations. Judge Bork argues that judicial review has become an all-too-ready tool for elites who wish to avoid the democratic process to impose their favored values upon societies.”
February 11th, 2017 @ 2:54 pm
President Trump has 117 court vacancies to fill!!! The forger soetoro filled 54 and willy clinton filled 111…
https://dailycaller.com/2017/02/10/there-are-still-117-court-vacancies-to-be-filled-by-trump/
February 11th, 2017 @ 5:38 pm
Screw what the 9th wants. Rewrite the order then get Sessions and the US Marshals to drag these traitors out of their chambers to jail with no bail.
February 11th, 2017 @ 5:55 pm
All Trump has to do is have Sessions vet Obama’s identity and all of the judges that Obama appointed can be replaced. Obama appointed 348 judges and Trump currently has 117 vacancies to fill.
February 11th, 2017 @ 7:04 pm
Trump can issue a new order, which will exclude green card holders. Supreme Court will uphold his order
February 11th, 2017 @ 7:05 pm
Mike Cernovich
Retweeted
Fox News @FoxNews 9h9 hours ago
.@BoDietl: “Two of the passport places in the main cities in Syria were taken over by ISIS. They’re printing their own passports.”
February 11th, 2017 @ 8:39 pm
https://twitter.com/BarneyFranken/status/830502578668478464/photo/1
Trump deporting pedophiles…
February 11th, 2017 @ 11:07 pm
Dr. Taitz I think you are correct. The current SCOTUS is 4/4. Trump knows that issuing a new order is much faster and far less controversial than waiting on Gorsuch to be seated and then appeal to the SCOTUS. That would takes months. A new order on Monday or Tuesday would be immediate. Sessions and Trump must understand this.
February 11th, 2017 @ 11:09 pm
Appealing this current order to SCOTUS with a 50% chance of passage is risky. We obviously can’t count on Chief Justice Roberts to uphold the Constitution. He had 2 chances to strike down 0bamacare and screwed us both times. Trump doesn’t want to make the same mistake.
February 12th, 2017 @ 5:29 am
Apparently, John C. Yoo is still at Berkeley…
https://en.wikipedia.org/wiki/John_Yoo#Regarding_torture_of_detainees
February 12th, 2017 @ 5:54 am
The way I interpret 8 USC 1182(f) is that it grants the president exclusive authority to do what President Trump’s E.O. did and, therefore, it is not subject to judicial review. IMHO that means that no judge or court of appeals has the authority to even consider a law suit challenging such an E.O., much less ruling on it and even less ruling it unconstitutional.
Green card and visa holders are in fact aliens and, therefore, there’s no legal reason for a new E.O. excluding them.
February 12th, 2017 @ 6:00 am
you are right, however globalist judges twist the constitution and the law in a pretzel to achieve the results that further their globalist, anti-American open borders agenda, which benefits a small group of globalist billionaires.
February 12th, 2017 @ 6:13 am
Orly, were the green cards being issued legally by the democrats or like every thing else they do?
February 12th, 2017 @ 7:16 am
“I believe there are more instances of the abridgement of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpation.”
James Madison.
February 12th, 2017 @ 7:17 am
I don’t know, I don’t have any specific information
February 12th, 2017 @ 10:40 am
Well, if I am correct then President Trump should simply direct the Department of State and/or Department of Homeland Security to ignore any judge’s and/or court’s ruling and abide his original E.O. IMHO the worst that could eventually happen is that the matter would wind up at the SCOTUS, which most likely wouldn’t happen until after Judge Gorsuch is seated there.
February 12th, 2017 @ 11:36 am
John Yoo has commented against the EO.
February 12th, 2017 @ 1:52 pm
This is what John Yoo said –
Yoo said that the travel ban is constitutional, but what concerned him about it was that Rudy Giuliani “disclosed that Mr. Trump had initially asked for ‘a Muslim ban,’ which would most likely violate the Constitution’s protection for freedom of religion or its prohibition on the state establishment of religion, or both — no mean feat.”
He agrees that the ban is constitutional, but he is twisting the law into a pretzel, as Orly said, – the post-Bork Berkeley brand of the legal conformism.
February 12th, 2017 @ 4:45 pm
Judicial review is a farce that makes a mockery of separation of powers and co-equal branches of government. An absolute farce.
February 12th, 2017 @ 6:55 pm
Trump should put limit at 35K, just a note to congress…
https://www.wnd.com/2017/02/trump-could-shut-off-refugee-spigot-without-executive-order/
February 13th, 2017 @ 4:10 am
Trump has said he wants to protect Americans yet he allowed thousands of dirtbags into the US the last several days! Why did he set the limit at 50K? Why not stop at 30K that soetoro stuffed in for the Oct 1st through January 21, 2017? How come the soetoro australian deal has not been de-classified yet? Has Trump been compromised by rino’s preebus, ryan, mconnell?
How could Trump approve a Yemen raid that was hatched with soetoro dirtbags? Trump fired 3 dirtbags the day after the raid after finding out it leaked out! Did one of the dirtbags or others leak the Seal 6 raid where they got blown out of the sky?? Why has Trump been slow to act and issue a stupid executive order that went nowhere with 9th circus? Most peeps knew he should have shut down the limit but he chose 50K…WHY????
February 13th, 2017 @ 6:10 am
I was taught that the Constitution protects the rights of citizens, not aliens. That the founding document protects us from aliens especially those who are misnamed since they are here illegally and are in fact invaders, not just aliens. They come to kill us and that is in fact what they are doing. The democrats are traitors and are using their offices to aid and abet the invaders. They sell their offices to our enemies for power and profit.
February 13th, 2017 @ 8:54 am
I agree with James Carter. Ignore unlawful orders from a corrupt criminal court exceeding their authority. The people vote for President to make political policy not members of the judiciary. Separation of powers!!
February 13th, 2017 @ 9:15 am
A judge can order to throw in prison for contempt of court all officials who violate court orders. DHS employees will not risk going to prison
February 13th, 2017 @ 11:50 am
Well, O is gone!
Therefore, why would Roberts not do his job?
And why can’t Trump just do as he is supposed to do, when keeping America SAVE?
None of the left/rinos stopped O!
Which means anyone who voted to help O has got to have nwo connections!
Which means: all of these people in Congress, who voted to keep the aliens/illegals coming in, should be arrested, taken to jail, held for trial, and then, sent to wherever PERMANENTLY!
February 13th, 2017 @ 12:12 pm
What about judges who were a product of Obama’s DOJ? His documents were forgeries. You proved it. The courts didn’t hold him accountable. The Judge made statements as to evidence not presented and yet he did not request it or search for it. I believe many officers will go much farther than just to jail in order to keep their communities safe. I respect the fact that you as a lawyer and key player in this issue must be careful to maintain the law so I factor that in as well. Just my opinion and God Bless you for risking so much for leading the fight against this corruption.
February 13th, 2017 @ 12:41 pm
@ Orly – Or, the judge can order said officials to take ethics courses, as federal judge Andrew Hanen did for Obama’s rogue peeps. Hard time in the big house is for Repubs only. Dems get the kid gloves treatment.
February 13th, 2017 @ 12:56 pm
Thomas Jefferson said that judicial review is not only unconstitutional, but despotic as well.
February 13th, 2017 @ 2:55 pm
Trump to appeal….
Chris Snyder
✔
@ChrisSnyderFox
Paperwork just filed by Trump administration indicates it will appeal last week’s adverse ruling in the 9th Circuit Court to larger panel
3:11 PM – 13 Feb 2017
February 14th, 2017 @ 2:10 am
he was ordered by the chief judge of the circuit to file this paperwork