Its nice to see three of them together. I fear kennedy will go to the other side on this
Anyone know why DOJ did not ask for expedited hearing?
Probably for the same reason they didn't appeal the 9th Circuit decision until after it was made. If SCOTUS had outright struck the orders below, there would be no urgency to be heard in court.
SCOTUS is being its usual disingenuous self when it says "hearing in October because the government didn't ask us to expedite it."
I have always guessed that this didnt really matter that much to the Trump admin, it was more of a bone to his voter. That this matter was used as a diversion from the other things they were getting done, and they knew it would win in the end, so why not let the left bite on this ankle for a little while longer.
Why ask for an expedited hearing outside normal cycle when you get MOST of what you want?
These 3 originalist judges were able to bring unanimous agreement for a stay of the bulk of the lower courts orders. This, as they wrote, due to the likelihood the administration will prevail on the merits.
The did leave intact an exclusion that obliquely affects US citizens/legal residents and US entities...a historic recognition by the courts. They do have jurisdiction here. They seized it over 100 years ago and have never been seriously challenged since.
But that exclusion also signals they will revisit even this precept.
I hope for a ruling next year that says the courts have absolutely NO ROLE in immigration law or conduct of its enforcement.
Constitutionally, the US Congress is charged with the development of these laws and they have, by statute assigned the bulk of their authority to the Executive.
National Security is also outside the purview of the Courts...and today immigration is a National Security issue.