Supreme Court Expedites Trump’s Petition on Executive Order Case

[jem]

I guess we will find out how important it is to appoint Sup Ct. justices who follow the constitution vs those who find law out of penumbras and emanations and or make up laws out of their imagination.


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---Immigration activists sued, along with several immigrants and their families. A liberal federal district judge in Maryland granted a preliminary injunction blocking Section 2(c) of the EO. The U.S. Court of Appeals for the Fourth Circuit then affirmed the trial court’s injunction in a 10-3 decision, ruling that the EO violated the Constitution’s Establishment Clause, and taking the almost unheard-of step of all the court’s judges hearing the case, instead of sending it to a three-judge panel.

The U.S. Department of Justice (DOJ) filed a petition for review at the Supreme Court on Thursday. Under the Court’s rules, a response from the plaintiffs would be due July 3. By that time the Court would be on recess for the summer, meaning that the justices would vote at the Court’s annual pre-Term conference, which will take place on September 25, on whether to take the case. That would typically mean hearing arguments in December or January, with a final decision coming down in early or mid-2018.

Acting Solicitor General Jeff Wall at DOJ also asked Chief Justice John Roberts (who supervises the Fourth Circuit) to stay the appellate court’s decision until the justices can decide the matter.

On Friday, the Supreme Court rapidly expedited everything. The ACLU—which represents the plaintiffs—have been ordered to file their response by 3:00 p.m. on Monday, June 12. The ACLU lawyers must also respond to DOJ’s application for a stay by that time.

The Court could conceivably then vote immediately on whether to take the case, or anytime shortly thereafter. Under a normal briefing schedule, the Court would then hear arguments in October, and issue a decision by the end of 2017.

It’s also possible that the Court could accelerate briefing on an emergency basis, then hold arguments over the summer, or possibly even in June before recessing for the summer. The Court could make clear by the week of June 12 which course it is pursuing.

The case is Trump v. International Refugee Assistance Project, No. 16-1436.

Ken Klukowski is senior legal editor for Breitbart News. Follow him on Twitter
http://www.breitbart.com/big-govern...ites-trumps-petition-on-executive-order-case/

 

[java]

Oh man, I would not want to be arguing that case with a name like that. Their only hope is to start right off the bat alleging it is not international, they are not refugees, there is no assistance and it's not even a project. Trump has already lost this one in the media. So, are you pro Trump or pro refugee assistance?

 

[jem]

Nice pick up.

Jeff Wall....at DOJ

I would think all they would have do is say... Immigration and Security are better left to the President per the Constitution and common sense and the good of the republic.

Oh man, I would not want to be arguing that case with a name like that. Their only hope is to start right off the bat alleging it is not international, they are not refugees, there is no assistance and it's not even a project. Trump has already lost this one in the media. So, are you pro Trump or pro refugee assistance?

 

[AAAintheBeltway]

The court system is from Abe Lincoln's day, with their leisurely schedules, long breaks and general lack of urgency. Lincoln could walk into the Supreme Court today and feel right at home. Can you imagine how lost a surgeon from his day would be in a modern hospital, or pretty much any other professional, even a farmer.

We live in a world where existential threats can cross the globe in hours, yet we are forced to twiddle our thumbs for months so that the President can get the go-ahead from the Supreme Court to do exactly what several other modern presidents have done, ie stop immigration from problematic countries. Trump needs to address the country and say he is not going to allow terrorists to come in here and do what they are doing every week in Europe. The courts can go screw themselves. At the end of the day, if he ignores them there is not a damn thing they can do. That is the inevitable result when they stray from deciding actual cases and intrude into the political affairs of the country.

 

[java]

The court system is from Abe Lincoln's day, with their leisurely schedules, long breaks and general lack of urgency. Lincoln could walk into the Supreme Court today and feel right at home. Can you imagine how lost a surgeon from his day would be in a modern hospital, or pretty much any other professional, even a farmer.

We live in a world where existential threats can cross the globe in hours, yet we are forced to twiddle our thumbs for months so that the President can get the go-ahead from the Supreme Court to do exactly what several other modern presidents have done, ie stop immigration from problematic countries. Trump needs to address the country and say he is not going to allow terrorists to come in here and do what they are doing every week in Europe. The courts can go screw themselves. At the end of the day, if he ignores them there is not a damn thing they can do. That is the inevitable result when they stray from deciding actual cases and intrude into the political affairs of the country.

I think some of these strategies were from the days when media support, or at least absence from media attack, was deemed necessary. Trump is a black swan, nobody ever thought about what they would do, it just seemed to improbable to plan for.

 

[jem]

If he banned all immigration until we could screen out terrorists I would 100 percent agree... he should challenge the court if they tried to shut his policy down.

If I were president I would not pick this partial short term order to be my hill to die on.
This baby step crap is far too little for me so far. He should have started off big and strong and easily defensible... then he could have allowed exceptions as screening got better. I don't know who was advising him... but they were wrong to go with the partial crap.

There is no way the sup ct should overturn this type of executive order... but I don't see the point of starting a constitutional crisis over it if they do.

If this one loses he should go to the full cessation of immigration.

The court system is from Abe Lincoln's day, with their leisurely schedules, long breaks and general lack of urgency. Lincoln could walk into the Supreme Court today and feel right at home. Can you imagine how lost a surgeon from his day would be in a modern hospital, or pretty much any other professional, even a farmer.

We live in a world where existential threats can cross the globe in hours, yet we are forced to twiddle our thumbs for months so that the President can get the go-ahead from the Supreme Court to do exactly what several other modern presidents have done, ie stop immigration from problematic countries. Trump needs to address the country and say he is not going to allow terrorists to come in here and do what they are doing every week in Europe. The courts can go screw themselves. At the end of the day, if he ignores them there is not a damn thing they can do. That is the inevitable result when they stray from deciding actual cases and intrude into the political affairs of the country.

 

[java]

If he banned all immigration until we could screen out terrorists I would 100 percent agree... he should challenge the court if they tried to shut his policy down.

If I were president I would not pick this partial short term order to be my hill to die on.
This baby step crap is far too little for me so far. He should have started off big and strong and easily defensible... then he could have allowed exceptions as screening got better. I don't know who was advising him... but they were wrong to go with the partial crap.

There is no way the sup ct should overturn this type of executive order... but I don't see the point of starting a constitutional crisis over it if they do.

If this one loses he should go to the full cessation of immigration.

Advice is on his list of things to get after he does something.

 

[Tony Stark]

The court system is from Abe Lincoln's day, with their leisurely schedules, long breaks and general lack of urgency. Lincoln could walk into the Supreme Court today and feel right at home. Can you imagine how lost a surgeon from his day would be in a modern hospital, or pretty much any other professional, even a farmer.

We live in a world where existential threats can cross the globe in hours, yet we are forced to twiddle our thumbs for months so that the President can get the go-ahead from the Supreme Court to do exactly what several other modern presidents have done, ie stop immigration from problematic countries. Trump needs to address the country and say he is not going to allow terrorists to come in here and do what they are doing every week in Europe. The courts can go screw themselves. At the end of the day, if he ignores them there is not a damn thing they can do. That is the inevitable result when they stray from deciding actual cases and intrude into the political affairs of the country.

I'm sure you felt differently about executive powers when Obama was President

 

[java]

I'm sure you felt differently about executive powers when Obama was President

We only like the constitutional ones.

 

[Tom B]