NEW – No appeal to Supreme Court by feds on Trump immigration order – waiting on full Ninth https://t.co/cESfaqho5b pic.twitter.com/lO4i8aTTZT
— Jamie Dupree (@jamiedupree) February 13, 2017
“At this time, defendants believe the appropriate course is to postpone any further proceedings in the district court,” Justice Department attorneys wrote.
Donald Trump’s executive order that was solely aimed at
“Protecting the Nation from foreign terrorist entry Into the U.S.,”
Judge Robart had granted temporary restraining on it days later.
On Thursday, US 9th Circuit Court of Appeals, a panel of three judges unanimously upheld the decision.
However, the States participated in the lawsuit had submitted their own documentation requesting the continuity of proceedings. The lawyers from Minnesota and Washington have declared in the documents:
“Given the gravity of the States’ constitutional allegations, Defendants’ stated national security concerns, and the public interests at stake, the States respectfully submit that discovery should proceed without delay.”
The En Banc Petition Procedure
How does 9th Circuit do en banc? A handy chart…
1) All 25 active judges vote
2) En banc panel = Chief Judge + 10 randos@MichelLawyers pic.twitter.com/IlpbjI4o5E— Ira Goldman (@KDbyProxy) February 10, 2017
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