Link to Trump Supplemental Brief Folding his 9th Circuit Hand. Posted on February 16, 2017 by Tim Hogan Docket Text: Submitted (ECF) Supplemental Brief for review. Submitted by Appellants USDHS, USA, Donald J. Trump, Rex W. Tillerson and John F. Kelly. Link to Trump Brief 20170216-154-govt-supp-brief
Filed order: A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017, should be reconsidered en banc. A sua sponte en banc call having been made, the parties are instructed to file simultaneous briefs setting forth their respective positions on whether this matter should be reconsidered en banc. Posted on February 10, 2017 by Tim Hogan LINK TO ORDER 20170210-13-order-on-en-banc
The 9th Circuit relies only on 5th Amendment Due Process. Doesn’t yet need to reach 1st Am Establishment Clause. Posted on February 9, 2017 by Tim Hogan
First, we decline to limit the scope of the TRO to lawful permanent residents and the additional category more recently suggested by the Government, in its reply memorandum, Posted on February 9, 2017 by Tim Hogan
At this point, however, we cannot rely upon the Government’s contention that the Executive Order no longer applies to lawful permanent residents. The Government has offered no authority establishing that the White House counsel is empowered to issue an amended order superseding the Executive Order signed by the President and now challenged by the States, and that proposition seems unlikely. Posted on February 9, 2017 by Tim Hogan
The Government has not shown that the Executive Order provides what due process requires, such as notice and a hearing prior to restricting an individual’s ability to travel. Posted on February 9, 2017 by Tim Hogan
