Ninth Circuit -- Donald Trump's Immigration Ban Case May Be Reheard

RealClear Contributor


Out of the 29 active members of the circuit court, at least one member has requested reconsideration in the matter of State of Washington and Minnesota v. President Trump

On Friday, the Ninth Circuit chief judge requested an en banc hearing which means that eleven judges or possibly the entire panel would hear the case, rather than the select three-judge panel that issued the 3-0 ruling against Trump’s executive order.

And, procedurally any judge on the circuit court may sua sponte (on his or her own accord) request a reconsideration before a fuller bench, rather than the select panel.

The court requested briefs on the issue by February 16. The vote is likely to occur after the briefs are filed.

After the briefs are filed Thursday, the members of the court will vote on whether the matter should be reconsidered, and if a majority of the active judges vote to rehear the matter, then President Trump may get another day in court.

It is unclear if a majority of the active judges on the bench will agree to hear the case.

Chief Judge Sidney R. Thomas, a Clinton appointee, issued the request.

The Justice Department said in a statement it is "considering its options" in response to Thomas' request.

If Trump wins with an en banc ruling, it will be a significant victory for the executive administration and will be valuable to the Ninth Circuit’s weakening reputation for legitimacy and fairness. If he loses, it may provide more grounding to simply redraft the executive order and cure the supposed constitutional problems.

Source: National Review



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