2017-02-07

UPDATE: Ninth Circuit Denies Stay of TRO, State of Washington vs Trump

State of Washington et al vs Trump et al, re: Trump's Executive Order on immigration, TRO, and appeal to  United States Court of Appeals for the Ninth Circuit in San Francisco for stay: 

UPDATE Feb 9, 2017: Trump Loses at Ninth Circuit: "... the emergency motion for a stay pending appeal is DENIED."  Opinion excerpt (p.26 of 29):
Opinion in full embed below:

17-35105 State of Washington v. Trump 3:00 pm PT (6:00pm ET), February 7, 2017

LIVE audio stream from Courtroom One in the James R. Browning Court of Appeals Building in San Francisco, California, scheduled for February 7, 2017, 3:00 pm PT (6:00pm ET). Because the hearing will be conducted telephonically, the stream is audio only and there will be no courtroom proceedings or associated video feed.

The United States Court of Appeals for the Ninth Circuit in San Francisco will hear arguments over whether to stay the temporary restraining order (TRO), essentially restoring the President's Executive Order, from attorneys representing the U.S. Department of Justice and the States of Minnesota and Washington.

The issue: note this Ninth Circuit hearing is not about whether or not Trump's executive order is unconstitutional, but whether to maintain a temporary block (TRO) on Trump's order pending further proceedings including consideration of the constitutional question.

The temporary block went into place last week after U.S. District Judge James Robart in Seattle ruled in favor of the two states over the Justice Department. The Ninth Circuit Judges scheduled to hear the arguments: Judges William Canby Jr., a Jimmy Carter appointee, Michelle Friedland, a Barack Obama appointee, and Richard Clifton, a George W. Bush appointee.

U.S. Department of Justice's Motion for Stay:

States of Washington and Minnesota response:

U.S. Department of Justice reply:

The 9th Circuit is likely to rule later this week, and many legal scholars expect the appeal court to affirm the temporary block, possibly leading to further proceeding(s) before the U.S. Supreme Court which is explained in depth here: Donald Trump Immigration Ban: The Supreme Court and What Happens Next | Fortune.com:
"Trump has a good shot at winning the underlying legal question, but only after more court wrangles and more criticism over how he's handled the process so far ... In light of the incredible controversy it has generated, the White House may choose to modify the ban, which could make the whole issue moot before the Supreme Court has a chance to decide."
Ninth Circuit Documents 17-35105 State of Washington & State of Minnesota v. Trump. WD Wash. 2:17-cv-141:

What Do Europeans Think About Muslim Immigration? | ChathamHouse.org"... Drawing on a unique, new Chatham House survey of more than 10,000 people from 10 European states, we can throw new light on what people think about migration from mainly Muslim countries. Our results are striking and sobering. They suggest that public opposition to any further migration from predominantly Muslim states is by no means confined to Trump’s electorate in the US but is fairly widespread ..."




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