Page 107 - Circuits News Today

That is being asked about the executive order. today the other news item that we are awaiting a ruling from the ninth circuit court of appeals in san francisco on the presidents executive order often described as the most liberal of all of those courts. there is a day with a temporary suspension of the executive order right now. they are going to be ruling on it. how do you think that story is impacting neil gorsuch? >> i dont think it is at all. he is not going to be voting on this. i do think ...

The appellant court denied the motion for the immediate stay, and at least for the next few days or so the status quo will probably be maintained. >> jessica, do you see this expanding all the way to the supreme court when all is said and done? >> it most likely will. we are dealing with issues of constitutionality and separation of powers and whether or not the executive branch can issue such limiting and restrictive orders on peoples ability to travel and come to the united states, and so very...

The states of washington and minnesota, could that be over ridden by whats going on either in massachusetts or new york or another state? >> no. the circuits act independently and it happens very often that one circuit may make a decision that is completely opposite and contrary to what another circuit decides. and in that case, that is the exact type of case that the united states supreme court wants to take up. right now we have an eighth person united states supreme court. they could end up r...

That executive order. >> the 9th circuit court of appeals is considered to be one of the most liberal in the country. just because it has a high proportion of judges that were picked by democratic presidents. >> not just that. but they are the most overturned of all the circuits by the united states supreme court. in the legal community, theyre sometimes referred to as pejoratively as the 9th circus. >> how does that factor into the decision we just found out about in. >> well, i mean, thats rea...

Ultimately, potentially, to the united states supreme court. >> and again, whats the time frame on that, roughly speaking? >> so if were talking about the emergency stay, the emergency -- >> no, i mean the overarching decision of whether or not this case is -- the executive order is constitutional. youve explained there are several steps before we get to that. ultimately thats what people are interested in. >> well, the united states supreme court, if the 9th circuit decides this in any way, cou...

Were going to be arguing in courts going forward as to how to defend this. and the incoming acting ag, boente, when he said he would defend it, had to put forward arguments that could be used universally. but remember, people have to remember, a few hours before this washington ruling happened in massachusetts, a court ruled exactly the opposite. they found that the government was likely to prevail in the same sort of context and that people didnt even have a property right to a visa and they we...

And, frankly, given the state of the different circuits and the circuits courts, a reasonable judge on the 9th circuit might agree with the kurcurrent trump administration. reasonable minds may differ, because as you can see, they do. >> jessica, for people who attempted to come into the country and found themselves last week it they were okay to get on essentially on the plane friday afternoon eastern time, but by the time they got here, they were under this ban. what protections would they hav...

Circuit is this going and what search warrant the is their reputation? >> i can say the majority of the circuits are controlled by democratic appointees and majority of federal district judges are democratic appointees and it will take a long time for the senate to tip that balance. so there are many, many potential blocks to the implementation of this travel ban as we move forward. >> confusion has reined since the order was initially put into effect by the president. do you expect that there w...

Argueing that this should be applied nation-wide, that you needed nation-wide uniformity in the application of immigration laws and president trump is in the same difficult position. the next court that will hear this would be the ninth circuit court of appeals which has the most democratic tilt of any of the circuits, about 2-1 dem g t democratic owe poi democratic appointees. >> to have this heard, we have to have this appeal filed by the department of justice, by the federal government. i wan...

Again, whether thats warranted or not, not the black lives matter statement. >> absolutely. we know that this circuit in washington is traditionally more liberal than many other circuits. and when this judge made this ruling last night, almost immediately critics of him went out and said that this was an activist move. and thats something that donald trump campaigned on regularly, replacing activist judges. the challenge with this, the narrative that activism is something thats unique to the lef...