A Supreme Court Deadlock on Trump’s Travel Ban? Not So Fast: Watch Justice Kennedy

National Review ^ | 02/07/2017 | Andrew McCarthy

[rolling_stone]

trump should take a page from FDR if they dont go his way threaten to add 3 more judges...see a switch in time saves nine.

[SharpRightTurn]

Given the shakiness of appealing the order of this idiot leftist district judge (Robart) to the 9th Circus, and then on to the SC, I think an appeal should be engineered from a judge who will interpret the law, rather than legislate from the bench (example: Judge Andrew S. Hanen, Federal District Court in Brownsville, TX), which would be appealable to the 5th Circuit Court of Appeals, which at least has some justices who will follow the law.

If a favorable ruling was had from that court, then an appeal to the SC resulting in a deadlocked 4-4 decision would leave the decision from the 5th Circuit standing. The result would be conflicting rulings from different circuits, which is not unusual at all. That would allow enforcement of Trump’s EO in the states located in the 5th Circuit at least.

Clearing up the conflicting circuit court rulings would have to await the confirmation of Gorsuch. Such a partial interim victory might be the only hope at this time, with the four leftist judges on the SC and Kennedy as the wildest of wild cards.

[rb22982]

Spot on

[Leep]

SCJ decisions are like predicting the weather a week in advance.
If the projected weather looks bad then by weeks end it will be good.
And vise versa.

[MayflowerMadam]

Sounds like a great solution — Pres. Trump adding more SCOTUS members. The left loves FDR, so cite his actions as precedent to tamp down argument. (BTW, I choose Ann Coulter and Jeanine Pirro as two of ‘em.)

This is war and we have this one last chance to save America.

[Fhios]

Isn’t it funny that the supreme court could rule that municipal governments can seize property through eminent domain but the President cannot have a say on who comes into the country?

[Svartalfiar]

Wow. This has to be one of the most annoyingly written articles I've seen in a long time. Full of all sorts of big words and overly wordy sentences (dispositive, proclivity, commentariat, prognostication, sovereign imperative, plenary authority, judicial usurpation of presidential and congressional prerogatives, etc), yet they write this: , a situation that will obtain until the vacancy created by Justice Scalia’s death is filled. How do you confuse 'remain' with 'obtain'? Did they just add as many multi-syllable words as possible for the Word reading score thing?

[Georgia Girl 2]

This is BS. Even the 9th semi follows the constitution. They will overturn Roberts insanely unconstitutional ruling.