#Justice | #
Not Quite #WhatTheyVotedFor
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.”
The Evergreen Tip (Trump Trump Mix)
“The States have satisfied the Winter test because they have shown that they are likely to succeed on the merits of the claims that would entitle them to relief; the States are likely to suffer irreparable harm in the absence of preliminary relief; the balance of equities favor the States; and a TRO is in the public interest. The court also finds that the States have satisfied the ‘alternative’ Cottrell test because they have established at least serious questions going to the merits of their claims and that the balance of equities tips sharply in their favor. As the court noted for the Winter test, the States have also established a likelihood of irreparable injury and that a TRO is in the public interest.”
A Note on Temperament and Character
#trumpswindle | #GOP
This is a bit worrisome:
I am not surprised by President Donald Trump’s antics this week. Not by the big splashy pronouncements such as announcing a wall that he would force Mexico to pay for, even as the Mexican foreign minister held talks with American officials in Washington. Not by the quiet, but no less dangerous bureaucratic orders, such as kicking the chairman of the Joint Chiefs of Staff out of meetings of the Principals’ Committee, the senior foreign-policy decision-making group below the president, while inserting his chief ideologist, Steve Bannon, into them. Many conservative foreign-policy and national-security experts saw the dangers last spring and summer, which is why we signed letters denouncing not Trump’s policies but his temperament; not his program but his character.
We were right. And friends who urged us to tone it down, to make our peace with him, to stop saying as loudly as we could ‘this is abnormal,’ to accommodate him, to show loyalty to the Republican Party, to think that he and his advisers could be tamed, were wrong. In an epic week beginning with a dark and divisive inaugural speech, extraordinary attacks on a free press, a visit to the CIA that dishonored a monument to anonymous heroes who paid the ultimate price, and now an attempt to ban selected groups of Muslims (including interpreters who served with our forces in Iraq and those with green cards, though not those from countries with Trump hotels, or from really indispensable states like Saudi Arabia), he has lived down to expectations.
Precisely because the problem is one of temperament and character, it will not get better. It will get worse, as power intoxicates Trump and those around him. It will probably end in calamity—substantial domestic protest and violence, a breakdown of international economic relationships, the collapse of major alliances, or perhaps one or more new wars (even with China) on top of the ones we already have.
Eliot A. Cohen is a former Bush administration lawyer under Condoleezza Rice at the State Department. By no means should we disregard his analysis, but it is from the outset nearly stereotypical in its partisan and personal interest: Good for him, you know, because he is not surprised. And, hey, pat him and his friends on the back, because they were right: The problem is not President Trump’s policies, but his temperament, as his policies demonstrate. It is not his program, but his character, as his program makes clear.