Link to Trump Supplemental Brief Folding his 9th Circuit Hand. February 16, 2017 ~ Tim Hogan ~ Leave a comment 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. February 10, 2017February 10, 2017 ~ Tim Hogan ~ Leave a comment 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. February 9, 2017 ~ Tim Hogan ~ Leave a comment
Second, we decline to limit the geographic scope of the TRO. February 9, 2017 ~ Tim Hogan ~ Leave a comment
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, February 9, 2017 ~ Tim Hogan ~ Leave a comment
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. February 9, 2017 ~ Tim Hogan ~ Leave a comment
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. February 9, 2017 ~ Tim Hogan ~ Leave a comment
9th Cir. “We therefore conclude that the States have alleged harms to their proprietary interests traceable to the Executive Order. The necessary connection can be drawn in at most two logical steps: (1) the Executive Order prevents nationals of seven countries from entering Washington and Minnesota; (2) as a result, some of these people will not enter state universities, some will not join those universities as faculty, some will be prevented from performing research, and some will not be permitted to return if they leave. And we have no difficulty concluding that the States’ injuries would be redressed if they could obtain the relief they ask for: a declaration that the Executive Order violates the Constitution and an injunction barring its enforcement. The Government does not argue otherwise. “ February 9, 2017 ~ Tim Hogan ~ Leave a comment
TRUMP LOSES: “Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.” February 9, 2017 ~ Tim Hogan ~ Leave a comment stay-order-denied
UPDATED Accessing Hearing Audio #Trump Muslim #Travelban Case from the 9th Circuit Court Clerk The previous order regarding live streaming of the oral argument scheduled for February 7, 2017 at 3:00 p.m. PST is clarified as follows: Because the hearing will be conducted telephonically, the stream is audio only and there will be no courtroom proceedings or associated video feed. Here is the URL of the hearing audio. http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000010884 I’ve also created a link. February 6, 2017February 6, 2017 ~ Tim Hogan ~ Leave a comment
TimInHonolulu 