Why are they wasting their time with this?
Bump it to SCOTUS.
There is a chance that the full court will say there’s nothing wrong with the executive order. The problem is the idiots reviewing the visas who never actually read the rules.
Why not drag it out and wait to Neil Gorsuch is confirmed. Have a better chance to win at the Supreme court level, a 4-4 tie means the 9th circuit decision holds, until such time another case gets to the Supreme Court, and there is a 5-4 decision either way.
Trump can always have another Executive order to issue, let the libs play there hand in court, find out what will fly muster, and then hit them again harder later.
Because the Judiciary has over-stepped its constitutional boundaries and left unchallenged, a dangerous legal precedent is being set where the Courts (with ZERO National Intelligence Role or briefings) determine foreign policy, rather than the Executive Branch -- which DOES have the Constitutional responsibility of.
It's time to smack down the over-reaching judicial system. Long over due. Go Trump!
Nooooo. Unless they can guarantee a SCITUs victory....and no one can do that. Just write a new EO
With very few rare exceptions, SCOTUS won’t look at it until all lower appeals processes are exhausted.
I feel they will. Perhaps they are buying time or perhaps they just want the 9th Circus to dig in a bit deeper. Maybe even the wackiest far flung chance the 9th will take this as a way to save some face and correct themselves. *chuckle*
In any event, this is still a precedent that needs to be defeated. The Executive branch needs to make clear that such rulings do not fall under the courts jurisdiction within the separation of powers.
Scotus is 4/4 right now... if it goes to Scotus and the leftist act as activists, which almost certainly Ginsberg, Sotomayor and Kagan will... If Kennedy decides to play activist as well.. you get a 4-4 and the lower court stands...