Page 13 - Circuit Split News Today : Breaking News, Live Updates & Top Stories | Vimarsana

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? it's the drug dealers that are on the mexican side. if the drug dealers that were bringing drugs into our country. that's where they need to look for guilt. >> laura: but they are retrying the border agent. they are retrying the border agent for i guess it's manslaughter. art, i want to go to you on this. there's a circuit split and i'm trying to be the log he care but the fifth circuit court of appeals r...

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? >> there's 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 which is that it interferes with the political branch's jurisdiction over not only the national securi...

>> whoever loses -- >> both sides are going to appeal it because it is a big controversy. because it's 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 what's called a circuit split. in one part you have one ruling, another going the other direction and they need to resolve a tie. they don't need that. they can take any case that's right where someone's appealing and they want to settle it. these kind of power cases are typically resolved by the supreme court one way or the other. >>...

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 court for one of those big limits on the presidential power. >> we are watching it all. next we'll go ...

>> that's a fascinating question, because if the 9th circuit rules against the trump administration it goes to the supreme court. the 9th circuit's 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 in deciding to take cases. so you'll have not only a circuit splis split, but a simultaneous circ...