Neil Gorsuch

The Futility of Disbelief (One Hundred Days and Nights of Donald)

#wellduh | #WhatTheyVotedFor

President Donald J. Trump (@realDonaldTrump): "No matter how much I accomplish during the ridiculous standard of the first 100 days, & it has been a lot (including S.C.), media will kill!" [via Twitter, 21 April 2017]

Perhaps Pramuk and Schoen come across as, well, disbelieving and perhaps a bit tacit:

Donald Trump just called using his first 100 days in office to judge him a “ridiculous standard,” but he repeatedly boasted about what he would achieve in that exact time frame before he took office.

And, no, that isn’t so much, but that’s also just the lede. The remaining five paragraphs seem to presume something everybody ought to be in on, some vital tacitry. And this is President Donald Trump, so, yes, yes there is indeed some vital tacitry afoot.

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Not Quite #WhatTheyVotedFor

#Justice | #WhatTheyVotedFor

washington-v-trump-bw

Let us start with Maura Dolan of the Los Angeles Times:

A three-judge panel of the U.S. 9th Circuit Court of Appeals declined early Sunday to immediately block an order from a federal judge in Washington that halted the travel ban.

Instead, the panel established a rapid schedule for written arguments.

A brief from the two states that challenged the ban was filed early Monday. The administration’s response was due at 3 p.m. Pacific time. A panel ruling could come anytime after that―most likely within a week, experts said.

The three judges who happen to be sitting on the 9th Circuit’s motions panel this month and who will rule on the case are William Canby Jr., a President Carter appointee; Richard Clifton, appointed by President George W. Bush; and Michelle T. Friedland, appointed by President Obama.

Clifton is considered moderately conservative and the two Democrats are viewed as moderately liberal. The 9th Circuit is broadly viewed as the most liberal federal appeals court.

If Trump loses, he could immediately go to the U.S. Supreme Court. Justice Anthony M. Kennedy, who handles matters from the 9th Circuit, would probably ask the other justices to weigh in.

Erwin Chemerinsky, dean of the UC Irvine School of Law, suggested Sunday that the 9th Circuit was likely to rule against the Trump administration.

“Virtually every judge to consider the executive order has said that there is a substantial likelihood that it is unconstitutional,” Chemerinsky said in an email. “Both Republican and Democratic appointees have come to this conclusion. Having read some of the briefs in these cases, I think any court is likely to come to this conclusion.”

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