Page 7 - Circuit Split News Today

Murder and now they are just beating a dead horse and they want to go after him and they want to make sure -- if somebody has got to be guilty. at the reality is, where are the guilty people? its the drug dealers that are on the mexican side. if the drug dealers that were bringing drugs into our country. thats where they need to look for guilt. >> laura: but they are retrying the border agent. they are retrying the border agent for i guess its manslaughter. art, i want to go to you on this. ther...

Status, refugee status. if you have a right to sue in federal court in this kind of theory, i think anything goes. this is obviously going to go to the supreme court. your take on this as you know the facts to be? >> theres plainly a circuit split between the fifth circuit and the ninth circuit as you say. the ninth circuit erred and recognized and applied right of action for damages for alleged constitutional violations by a border patrol agent for a number of reasons. first and foremost of whi...

>> whoever loses -- >> both sides are going to appeal it because it is a big controversy. because its in so many cases we and our legal unit counted at least nine cases and counting. so that sets up one of the main ways we get cases at the supreme court which is whats called a circuit split. in one part you have one ruling, another going the other direction and they need to resolve a tie. they dont need that. they can take any case thats right where someones appealing and they want to settle it....

That goes to appeals court. the supreme court is more likely to let that all play out, that is to let many months go by while different appeals courts rule on it. you get there with a circuit split and now you need the supreme court to break the tie but they are the supreme court. they can get involved whenever they want, including earlier if they see a legal reason to do so. i would say if a matter of months to potentially a year, this is the kind of case we would expect to go to the supreme co...

>> thats a fascinating question, because if the 9th circuit rules against the trump administration it goes to the supreme court. the 9th circuits ruling will be the first one that gets there. that would become, technically, the law of the land. so people are going to come to realize pretty quickly, having a 4-4 split ideologically on the supreme court as we currently do, can have a big impact on the nation. >> speaking of splits, this is exactly the kind of thing that the supreme court looks for...

Something. the court ruled you are saying two things. number one, i voted. which in this world means you are telling you friends today is the day. and you could be showing who you are voting for and thats political speech thats protected. >> interesting. where does it go? >> other states may test it and the supreme court may want to take a circuit split. with one court in part of the country saying yes you can do this. and the first circuit said you cant. thats what could lead to the supreme cou...

Want to ask is this possible if they decide against usage in fair housing, can that then spread to our general understanding of what counts as discrimination? >> it absolutely is very dangerous for them to be challenging the results test in these kind of race discrimination cases in this fair housing standard in that it might have ripple effects, but also specifically because congress had never intended for there to be an intense test -- intent test. theres no evidence that congress wanted that ...

An institution if people have the perception its splitting along partisan or ideological lines? >> yes. if i believe that that was the reason for the split which i dont. the fact that theres a circuit split makes it clear that there are different ways of looking at the situation and that the answers not a slam dunk. >> nbc latino sandra lily sat down with the justice. good to see you. >> good to see you. >> another topic that justice sotomayor went after, affirmative action. the court will hear ...

Unconstitutional. >> reporter: well lets see what the judges here think. they are here in the fourth circuit split equally republican a pointies and democratic a point hes. they are randomly picked. they are three democratic judges, two appointed by president obama. this is known as the rocket docket. these cases are decided very quickly. regardless of who wins or loses it should end up in the supreme court in a matter of months. >> reporter: thank you for the update from virginia there. we are ...

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