has ruled against Mr. Trump's appeal. By its terms, the Unanimous Opinion sends the case back to Seattle, where a briefing schedule started tonight (below, in blue), on a preliminary injunction. That preliminary injunction would extend the TRO, and be entered in favor of the "banned people" in Mr. Trump's executive order. I suppose Mr. Trump could (right now, or promptly) file a writ of mandamus to the US Supreme Court, but that would be (another) fools' errand, in my view.
So it is onward, to the trial court level proceedings on a preliminary injunction -- per the below schedule. Told 'ya.
Quoting the Ninth Circuit now: ". . .Whatever role the United States Constitution envisions for the Executive in its exchanges with other nations or with enemy organizations in times of conflict, it most assuredly envisions a role for all three branches when individual liberties are at stake. . . ." Hamdi v. Rumsfeld, 542 U.S. 507, 536 (2004)
[End, updated portion.]
So, first filing in Seattle tomorrow, IF. . . If the Ninth Circuit Does NOT enter a reasoned opinion "on the merits" against Mr. Trump's position, and if Mr. Trump doesn't then take an immediate appeal to the Supremes -- in short, if this case is treated like any other federal case, and the TRO is left standing, as the latest appeal by Mr. Trump was prematurely improper at this juncture -- then, back in Seattle, this will be the briefing schedule on a preliminary injunction -- as ordered by the very capable Judge Robarts yesterday (in blue below).
I suppose there is a reasonably good chance (based on the audio feed questions) that the Ninth Circuit will position this for an immediate appeal to the Supremes -- given the truly historic nature of this clash, between the long established right, and responsibility (ever since Marbury v. Madison) of federal judicial review, on the one hand, and the claims of completely untethered executive authority (even putatively rising above the proscriptions in the Establishment Clause of our First Amendment), by this particular 45th President.
. . . .ORDER ON BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION
The plaintiffs shall file their motion for preliminary injunction no later than 11:59pm Pacific Standard Time on 2/9/17;
The defendants shall file their opposition to plaintiffs' motion no later than 11:59pm PST on 2/15/17;
The plaintiffs to file their reply in support of their motion no later than 11:59pm PST on 2/17/17.
/s/ Judge James L. Robart. (RS) Modified on 2/7/2017 to cc Ninth Circuit. . . .
I cannot find any right wing blogger (responsible, or otherwise), with a law degree -- that is predicting a win for Mr. Trump now -- after yesterday's evisceration before the Ninth Circuit panel -- heard live by over 175,000 people, apparently -- breaking all prior records, in the circuit. So -- I expect an order from the Ninth Circuit tonight, or tomorrow. Then it is either on to the Supremes, or back to the trial court in Seattle -- but mark my words, the TRO will remain in place.
Now you know. Hopping a plane in a few. Be excellent to one another. . . .