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SCOTUS To Lower Courts On The Travel Ban: Knock It Off
The Daily Caller ^ | 12/6/17 | Kevin Daley

Posted on 12/07/2017 6:56:59 AM PST by x1stcav

The U.S. Supreme Court appears somewhat irritated with federal courts that have repeatedly barred the Trump administration from enforcing immigration policies halting the entry of certain classes of migrants and refugees.

The high court’s latest orders sent three clear signals to lower courts, all of which are positive signs for President Donald Trump.

First, the Supreme Court is quite clearly expressing its view that the government will prevail on the merits of this dispute. The Court would not grant an application with these facts if a majority of the justices did not believe the administration will ultimately be vindicated. As such, the orders appear to be a signal to the 4th and 9th U.S. Circuit Courts of Appeal, two venues currently adjudicating travel ban challenges — proceed prudently, and with sufficient respect for the presumption that the administration is acting in good faith.

Secondly, the Court, for the most part, spoke as an institution. The order was forthright and terse, suggesting the Court sees little ambiguity in this case. The sober style means to communicate decisiveness, competence and the sense that the Court is conducting its business without dramatics, unlike the rest of the government. What’s more, just two of the nine justices registered their dissent. Given these facts, it appears the justices are doing their best to speak as a Court and not as an amalgamation of nine separate jurists. Advertisement When it comes to investing, are you a risk taker? Ad By Charles Schwab

Third, the order instructs the 4th and 9th Circuits to “render [their] decision with appropriate dispatch.” This language is highly unusual in a Supreme Court order. It seems to suggest that the justices plan to take the case themselves, and dispose of it as quickly as possible. Timing is especially relevant here. The Court’s current term ends in June, leaving just six months from this writing for briefing, argument, and deliberation.

All told, the coalition of civil rights groups and Democratic attorneys general fighting the latest iteration of Trump’s travel restrictions would seem to have trouble ahead of them.

The 9th Circuit will hear a travel ban challenge Wednesday, and the 4th Circuit will hear a second challenge Friday. Decisions are expected before the end of the year.


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: 9th; circuit; supreme; travel
Breaking with tradition, and under extreme pressure from the posting wardens, I am non-excerpting for the first time in sixteen years.

May God have mercy.

1 posted on 12/07/2017 6:56:59 AM PST by x1stcav
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To: x1stcav

Too bad it’s so hard to impeach and disbar idiot judges.


2 posted on 12/07/2017 6:59:37 AM PST by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
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To: x1stcav

9th Circuit response: “Who the hell cares what the Supreme Court says??”


3 posted on 12/07/2017 7:00:39 AM PST by ClearCase_guy (Benedict McCain is the worst traitor ever to wear the uniform of the US military.)
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To: x1stcav

If I’m not wrong, Congress could also send a message and just eliminate the 4th and 9th Circuit courts entirely.


4 posted on 12/07/2017 7:01:31 AM PST by PGR88
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To: x1stcav

I don’t mind going to the link to read the article. Don’t get yourself in trouble for not adhering to guidelines.


5 posted on 12/07/2017 7:03:00 AM PST by Ciexyz (I'm conservative & traditionalist, a nationalist and patriot.)
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To: PGR88
If I’m not wrong, Congress could also send a message and just eliminate the 4th and 9th Circuit courts entirely.

Or just pass a law that says that the Supreme Court has original jurisdiction on the constitutionality of Presidential executive orders, and that no lower court has the authority to rule on EO constitutionality.

6 posted on 12/07/2017 7:07:25 AM PST by PapaBear3625 (Big governent is attractive to those who think that THEY will be in control of it.)
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To: PGR88

If I’m not wrong, Congress could also send a message and just eliminate the 4th and 9th Circuit courts entirely.


There have been numerous proposals to break up the 9th Circuit.

It is a good idea. The time to do it has come early in the Trump Presidency.


7 posted on 12/07/2017 7:07:43 AM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: x1stcav
The Court’s current term ends in June, leaving just six months from this writing for briefing, argument, and deliberation.

The 9th Circuit will hear a travel ban challenge Wednesday, and the 4th Circuit will hear a second challenge Friday. Decisions are expected before the end of the year.

I'm just cynical enough to think the "judges" on the 9th Circus are petty enough to wait until after the SCOTUS term expires before rendering a verdict....

8 posted on 12/07/2017 7:15:31 AM PST by jeffc (The U.S. media are our enemy)
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To: x1stcav

The purpose of the lawsuits is NOT to overturn the travel bans, although they will take it if it is given. The true purpose is to tie up the Trump DOJ in courts for 4 years slowing everything down to a snail’s pace crawl. They know they were unlikely to win and did not care. Their ‘job’ is to file lawsuit after lawsuit to keep the Trump DOJ from focusing on anything else.....................


9 posted on 12/07/2017 7:19:01 AM PST by Red Badger (Road Rage lasts 5 minutes. Road Rash lasts 5 months!.....................)
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To: PGR88

Yes, The Congress can create and destroy ‘courts’ at whim. It’s expressly written in the Constitution....................


10 posted on 12/07/2017 7:20:18 AM PST by Red Badger (Road Rage lasts 5 minutes. Road Rash lasts 5 months!.....................)
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To: jeffc

I’d put quotes around “verdict”, too.

All the leftists know how to do is double down, thanks to their god the fraud for 8 years.


11 posted on 12/07/2017 7:20:26 AM PST by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: ClearCase_guy

When the SCOTUS says the travel ban can stay in place while legal challenges are decided they are sending the lower courts a clear signal that high court decisions will not go their way.


12 posted on 12/07/2017 8:00:04 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: x1stcav

The lower federal court judges who repeatedly barred the Trump administration from enforcing immigration policies need to be impeach and removed, then indicted, tried, convicted, sentenced and publicly hanged for giving aid and comfort to the enemy.


13 posted on 12/07/2017 8:54:23 AM PST by Carl Vehse
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To: x1stcav

For the crap decisions from lower courts, Trump should give them Andrew Jackson’s words, “They have made their decision,now let them enforce it”.


14 posted on 12/07/2017 9:22:06 AM PST by GoldenPup
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To: x1stcav
I am non-excerpting for the first time in sixteen years.

There are many web sites that do not need to be excerpted. Typically, if the posting page doesn't complain about the article not being excerpted, it doesn't need to be.

15 posted on 12/07/2017 10:18:31 AM PST by upchuck ("Ex-obama" ... That phrase itself honors America. ~ h/t glennaro)
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