Courts

9th Circuit Halts Immigration Case, Waits for New Trump Ban

The 9th Circuit Court of Appeals agreed to honor a request by the U.S. Justice Department for a stay on further action in the courts on the case concerning President Trump’s refugee ban.

The request came after Trump announced he’ll be issuing a new ban designed to circumvent the courts which should make the first one moot.

Or it could inflame the war.

Here’s more from Breitbart

Late Thursday night the U.S. Court of Appeals for the Ninth Circuit ordered that it was staying further proceedings in the appeal of the Seattle-based district court that blocked President Trump’s immigration executive order (EO).

When the states of Washington and Minnesota sued, Judge James Robart of the U.S. District Court for the Western District of Washington issued a temporary restraining order (TRO) of Trump’s EO 13,769 in Washington v. Trump, which temporarily restricted travel from seven terror-prone countries.

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A three-judge panel of the Ninth Circuit affirmed, ignoring arguments that federal courts lacked jurisdiction to hear a case over an EO, that states lack standing to sue on behalf of their residents and organizations, and that courts should defer to Congress and the president on immigration and national security disputes.

The appeals court was voting internally this week on whether to rehear the case en banc, meaning that an 11-judge panel would reconsider the case. Given the heavy liberal balance of the San Francisco-based appeals court, the same eventual outcome was likely.

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.

Chief Judge Sidney Thomas of the Ninth Circuit issued an order for the court granting that stay, noting that Justice Department lawyers have told the court they will promptly inform the judges of new developments expected in the coming days.

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