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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHow will the 9th circuit rule, and what about the SCOTUS?
Pretty sure the 9th circuit will uphold the ban. Anyone see any reason they would not? I think they understand that giving in to tRump would set a dangerous precedent. However, if (when) it goes to the SCOTUS, that is a completely different story. I can see an even split.
drray23
(7,615 posts)As far as the supreme court I dont think it will be a split. The supreme court justices may be left or right leaning but they all want the rule of law to prevail. They wont let the executive branch try to bully the judicial branch into passing what most experts and courts so far have found unconstitutional. I am pretty sure even justice Roberts will rule against the ban. There is no wiggle room to be had there.
ProudLib72
(17,984 posts)depositions from both sides. But I don't count that as an indication of leaning toward one side or the other. I'm just going off the premise that has been espoused here on DU that they are liberal.
Blue_true
(31,261 posts)Bench. But given that the Bench is the most progressive in the country, it is likely the full Bench will reject the ban (which is the just outcome). I hope that the full Bench smash the ban into pieces and leave no doubt.
drray23
(7,615 posts)Ms. Toad
(33,992 posts)Horizens
(637 posts)If the 9th circuit court upholds the ban and the Supreme Court splits evenly, I think the 9th circuit ruling stands.
drray23
(7,615 posts)onenote
(42,531 posts)In any event, if the 9th circuit does uphold the lower court stay, the likely next step for the administration would be to go to the Justice assigned to the 9th Circuit and ask for an emergency ruling lifting the stay. That Justice, as it turns out, is Anthony Kennedy. If he refuses, it probably means the administration is faced with at least a 5-3 loss in the Supreme Court. If he grants the relief (i.e., lifts the stay), you could still end up 4-4.
This is getting confusing. The ban on the ban. Yeah, I mean upholding the federal judge's decision.
Blue_true
(31,261 posts)Normally poll the entire Supreme Court before granting or rejecting a stay.
LAS14
(13,769 posts)truebluegreen
(9,033 posts)with Alito and Thomas dissenting. Semi-sane VERY pro-business Roberts and Kennedy would vote with the liberal wing (mustn't upset the new world order, and this EO does nothing to maintain a stable world business climate); the two xenophobes will vote against.