First, let us review the facts.
As commander-in-chief as well as the chief executive officer of the $4 trillion federal government, President Trump ordered the border patrol to restrict for 90 days travel from six war-torn nations and Iran. He also suspended for 120 days the intake of refugees.
Democrats appealed, and a Democratic judge in Washington state issued an edict blocking the C-in-C from protecting the nation. This was a political decision that asserted judicial authority in a policy decision, a power the Constitution does not grant the court.
Trump blistered the judge on Twitter, and appealed. A three-judge panel on the 9th Circuit Court upheld the unconstitutional blocking.
Then Trump changed the game. He refused to appeal the case to an en blanc panel of 11 judges in the 9th Circuit (which has 29 judges).
That was unexpected.
The court blinked.
From Dan Abrams of LawNewz reported:
In a rare move, one of the judges on the Ninth Circuit of Appeals has made a request that a vote be taken as to whether the order issued by the three judges Thursday night should be reconsidered en banc, which means before 11 federal judges of the Ninth Circuit.
It’s not clear if this means that this judge (who was not named in the order) believes that there are enough votes to overturn the lower court’s decision which put a temporary halt on Trump’s controversial travel ban or if the judge simply wasn’t satisfied with the panel’s decision.
Regardless, it is an interesting move that could bode well for President Trump, and throws yet another legal twist into the ongoing court battle between Trump and those trying to prevent his controversial immigration ban from being enforced.Scott Johnson of Powerline has little hope for common sense prevailing and the court gracefully honoring the balance of power among the three branches of government.
The Ninth Circuit gets a lot wrong in its 29-page opinion, but can it be rectified by this court? Not bloody likely. Nevertheless, hope springs eternal. Cooler heads should prevail. Unfortunately, cooler heads are in short supply on the court.
As a supporter of the president’s prerogative to act in defense of the national security under relevant provisions of immigration law, I can’t suppress my unsophisticated reaction to the Ninth Circuit order: Somebody get me out of here.Ah, but the ball is still in President Trump's hands.
He can play nice and let the appeals run their course. Likely.
He can vacate his executive order and craft a replacement that complies with the first court order. Doubtful.
He can vacate his executive order and craft a replacement that shoves the temporary restraining order right back at the court, the media, and the Democratic Party. Oh that would be so cool.
We are witnessing "The Art of the Deal."
President Trump is negotiating with the judiciary. He is playing in their court and under their referees, and yet somehow this weekend, he wound up with the better position.
My money, as always, is on Donald Trump. Those 3,500 lawsuits he's filed or fought over the last 45 years provided him a very practical legal education.
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