Monday, February 27, 2017

Ninth Circuit Tells Trump To "Get Those Briefs On File" -- Now.

For over two full weeks now, the erstwhile federal appeals court sitting in Seattle has been told a varying set of stories -- effectively by Mr. Trump himself, about whether 45 intends to replace the Muslim-banning executive order at issue in an appeal the administration itself took to the Ninth Circuit. [That deeply flawed executive order is now subject to three separate halts, around the nation.]

It would seem that the patience of the Ninth Circuit panel is wearing thread-bare, at the elbows. As a general rule, one would expect a party to cite a rule, or a case, allowing it to effectively delay an appeal it "took upstairs on its own," from a trial court order.

The administration didn't bother to cite any rule or precedent -- it essentially told the appellate panel to just "slow down, while we sort ourselves out here, internally (cuz' we say so)". About an hour ago, the panel declined to do so. It set a slightly later opening brief due date, but kept the case on-track for a speedy -- and likely final -- resolution:

. . . .On our own motion, we extend the briefing schedule for this appeal.

The opening brief is due March 10, 2017; the answering brief is due March 31, 2017; and the optional reply brief is due April 5, 2017 . . .

What this means is that if 45 doesn't issue a superseding executive order before March 10, 2017 -- he is looking at a very bad precedent (for his claim to act) being entered, in the Ninth Circuit -- one that would leave him essentially with only an appeal to the Supremes. Mr. Trump is learning day by day that there are three independent branches in our federal system.

Separately, I quite whole-heartedly agree with 43's statements, this afternoon -- ones that break his eight plus year self-imposed silence -- on his view of the role of the President, in our system of ordered liberty. He has made it clearly evident (albeit in very polite terms, at the moment) that he fundamentally disagrees with 45's approach to governing (one month in) -- while he never even implied such a notion, as to 44's two terms. So -- I am smiling here (ear to ear). . . .


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