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Right but just to be 100% clear this is still a procedural ruling. Merits haven't been evaluated yet. DOJ can kick it up to en banc full panel at 9th or SCOTUS. SCOTUS tie would defer to 9th Circuit ruling, so if I'm DOJ I go back to the well at the 9th en banc to try to set up a better procedural posture in the event that it's tied (zero risk in doing so beyond spending some time and perhaps the PR hit of another bad decision). SCOTUS will rule on TRO.
Merits will be pending review for a while I think.
Travel Ban
Re: Travel Ban
by John Galt » Thu Feb 09, 2017 10:32 pm
Americans learn only from catastrophe and not from experience. -- Theodore Roosevelt
My life has become a single, ongoing revelation that I haven’t been cynical enough.
My life has become a single, ongoing revelation that I haven’t been cynical enough.
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Re: Travel Ban
by ToddStarnes » Fri Feb 10, 2017 9:54 am
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Re: Travel Ban
by spacemonkey » Fri Feb 10, 2017 12:00 pm
Open the gates, let all in who wants in. There are no bad people and America has an infinite supply of everything for the entire world forever. How do we pay? That's easy, everyone with a job will have a 75% tax increase. See how easy that was.
The hardest part of doing nothing is knowing when your done.
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Re: Travel Ban
by spacemonkey » Fri Feb 10, 2017 12:02 pm
The hardest part of doing nothing is knowing when your done.
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Re: Travel Ban
by Winchester » Fri Feb 10, 2017 2:23 pm
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