Sunday, February 5, 2017

Ninth Circuit Punts Emergency Stay on Immigration Until Later This Week



Ninth Circuit Punts Emergency Stay on Immigration Until Later This Week
by Ken Klukowski 5 Feb 2017Washington, D.C.
A federal appeals court on Sunday declined to issue an immediate stay of Judge Robart’s nationwide injunction blocking President Trump’s executive order, but will likely rule on the motion for an emergency stay later this week.

Late on Friday, Judge James Robart of the U.S. District Court for the Western District of Washington issued a temporary restraining order (TRO) against the president and the U.S. Departments of State and Homeland Security, declaring Trump’s executive order illegal.

Robart’s injunction is being heavily criticized for not specifying why the executive order is illegal, since the plaintiffs—the states of Washington and Minnesota—filed a lawsuit that throws the kitchen sink at the federal government, claiming 10 separate violations of the Constitution and federal law that Trump’s order allegedly violates. The sweeping court order is also being criticized for blocking all implementation of the immigration measure nationwide, instead of merely exempting Washington and Minnesota from it.

A TRO is granted only in extreme circumstances and typically lasts for only up to 10 days, to give a court time to fully consider whether to grant a preliminary injunction that would last for however many weeks or months are needed for the full judicial process to play out in court.

On Saturday the U.S. Department of Justice filed for an emergency stay of the district court’s TRO, including a request for an immediate administrative stay of the TRO while the states are filing their legal briefs in opposition to the motion.

In the early morning hours of Sunday, the U.S. Court of Appeals for the Ninth Circuit, which has jurisdiction over Washington, denied the request for an immediate administrative stay. Contrary to media reports, the court did not deny the Justice Department’s motion for an emergency stay pending appeal.

Instead, a two-judge administrative panel of the San Francisco-based appeals court ruled that the court would not decide on the motion for an emergency stay until it had received all legal briefs presenting the arguments on both sides. It further ordered that Washington and Minnesota must file their brief by 3 PM ET on Sunday, then the Justice Department must file its reply by 6 PM ET on Monday. The court could then rule on the motion for an emergency stay at any time after Monday’s filing.

Both appeals judges are Democratic appointees. Judge William C. Canby was appointed by President Carter and is semi-retired. Judge Michelle Friedland was appointed by President Obama. The Ninth Circuit is one of two most liberal appeals courts in the nation.

U.S. Court of Appeals for the Ninth Circuit
Jay S. Bybee is a judge for the U.S. Court of Appeals for the Ninth Circuit, was an assistant attorney general for the Office of Legal Counsel, and an attorney for the U.S. Department of Justice.

Note: Office of Legal Counsel is a division of the U.S. Department of Justice.
Steven G. Bradbury was a deputy assistant attorney general for the Office of Legal Counsel, and an associate at Covington & Burling LLP.
Covington & Burling LLP was the lobby firm for the Americans for Responsible Solutions.
Americans for Responsible Solutions is a “Gun Safety, Gun Control” PAC for guns.
Alex Kozinski was an attorney at Covington & Burling LLP, and is the chief judge for the U.S. Court of Appeals for the 9th Circuit.
Eric H. Holder Jr. is a partner at Covington & Burling LLP, was a board member for the American Constitution Society, an intern at the NAACP Legal Defense & Educational Fund, the attorney general at the U.S. Department of Justice for the Barack Obama administration, and a trustee at the Morehouse School of Medicine.
Faith Elizabeth Gay was a board of adviser’s member for the American Constitution Society, and was an attorney at Sidley Austin LLP.
Michelle Obama was a lawyer at Sidley Austin LLP.
Barack Obama was an intern at Sidley Austin LLP.
Open Society Foundations was a funder for the American Constitution Society.
George Soros is the founder & chairman for the Open Society Foundations, and was the chairman for the Foundation to Promote Open Society.   
Foundation to Promote Open Society was a funder for the NAACP Legal Defense & Educational Fund, and the Brookings Institution (think tank).
Bureau of Alcohol, Tobacco, Firearms and Explosives is a division of the U.S. Department of Justice.
Morehouse School of Medicine is a medical school at Morehouse College.
Jerome Farris was a trustee at Morehouse College, and a judge for the Court of Appeals for the Ninth Circuit.
Jay S. Bybee is a judge for the U.S. Court of Appeals for the Ninth Circuit, was an assistant attorney general for the Office of Legal Counsel, and an attorney for the U.S. Department of Justice.
Office of Legal Counsel is a division of the U.S. Department of Justice.
Virginia A. Seitz was an assistant attorney general for the Office of Legal Counsel, an assistant attorney general for the U.S. Department of Justice, and is a partner at Sidley Austin LLP.
David B. Barlow was the U.S. attorney for the District of Utah for the U.S. Department of Justice, and is a partner at Sidley Austin LLP.
James M. Cole was a deputy attorney general for the U.S. Department of Justice, and is a partner at Sidley Austin LLP.
Michelle Obama was a lawyer at Sidley Austin LLP.
Barack Obama was an intern at Sidley Austin LLP.
Bradford A. Berenson was a partner at Sidley Austin LLP, and Anthony M. Kennedy’s clerk.
Anthony M. Kennedy’s clerk was Bradford A. Berenson, and a justice for the U.S. Court of Appeals for the 9th Circuit.
Cameron F. Kerry is a senior counsel at Sidley Austin LLP, John F. Kerry’s brother, and a fellow at the Brookings Institution (think tank).
John F. Kerry is Cameron F. Kerry’s brother, the secretary at the U.S. Department of State for the Barack Obama administration, and married to Teresa Heinz Kerry.
Teresa Heinz Kerry is married to John F. Kerry, and an honorary trustee at the Brookings Institution (think tank).
Cyrus F. Freidheim Jr. is an honorary trustee at the Brookings Institution (think tank), and a member of the Commercial Club of Chicago.       
Commercial Club of Chicago, Members Directory A-Z (Past Research)
Tuesday, December 17, 2013
R. Eden Martin is the president of the Commercial Club of Chicago, and counsel at Sidley Austin LLP.
Newton N. Minow is a member of the Commercial Club of Chicago, and a senior counsel at Sidley Austin LLP.
Michelle Obama was a lawyer at Sidley Austin LLP.
Barack Obama was an intern at Sidley Austin LLP, and was the attorney for ACORN vs. Illinois State Board of Elections.
Association of Community Organizations for Reform Now was the plaintiff in ACORN vs. Illinois State Board of Elections.
Sidley Austin LLP was the legal adviser for the Association of Community Organizations for Reform Now (ACRORN).
David F. Hamilton was a canvasser for the Association of Community Organizations for Reform Now (ACRORN), is a judge for the U.S. Court of Appeals for the 7th Circuit, and Lee H. Hamilton’s nephew.
Lee H. Hamilton is David F. Hamilton’s uncle, an honorary trustee at the Brookings Institution (think tank), and a member of the Homeland Security Advisory Council.
John R. Allen is a fellow at the Brookings Institution (think tank), and a member of the Homeland Security Advisory Council.
Cyrus F. Freidheim Jr. is an honorary trustee at the Brookings Institution (think tank), and a member of the Commercial Club of Chicago.       
R. Eden Martin is the president of the Commercial Club of Chicago, and counsel at Sidley Austin LLP.
Newton N. Minow is a member of the Commercial Club of Chicago, and a senior counsel at Sidley Austin LLP.
Michelle Obama was a lawyer at Sidley Austin LLP.
Barack Obama was an intern at Sidley Austin LLP, and was the attorney for ACORN vs. Illinois State Board of Elections.
Bradford A. Berenson was a partner at Sidley Austin LLP, and Anthony M. Kennedy’s clerk.
Anthony M. Kennedy’s clerk was Bradford A. Berenson, and a justice for the U.S. Court of Appeals for the 9th Circuit.
Jay S. Bybee is a judge for the U.S. Court of Appeals for the Ninth Circuit, was an assistant attorney general for the Office of Legal Counsel, and an attorney for the U.S. Department of Justice.
Office of Legal Counsel is a division of the U.S. Department of Justice.
Steven G. Bradbury was a deputy assistant attorney general for the Office of Legal Counsel, and an associate at Covington & Burling LLP.
Covington & Burling LLP was the lobby firm for the Americans for Responsible Solutions.
Americans for Responsible Solutions is a “Gun Safety, Gun Control” PAC for guns.
Alex Kozinski was an attorney at Covington & Burling LLP, and is the chief judge for the U.S. Court of Appeals for the 9th Circuit.

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