Monday, October 29, 2018

DACA II Ninth Circuit Appeal Update / Upshot?: Trump Is... Grumpy.


Team Trump has effectively told the Ninth Circuit to "hurry up" -- and rule. [Background: Trump is losing here, as well.]

This is an extraordinary breach of federal appellate court protocol (no rule violation; just poor form -- a breach of etiquette, as it openly implies the learned jurists are. . . lazy). The case was argued in mid-May, and the Ninth Circuit is highly likely to affirm the trial court, here. I predict. . . Trump will lose. Again.

Moreover, the Supremes already denied cert., on an interim basis -- all as filed by 45's team -- earlier in the summer. But the claim by the government is that the Supremes won't get to the ultimate issues until NEXT term, if the Ninth doesn't issue its opinion soon. Yawn. Welcome to being a litigant, 45. You cannot make political hay at the midterms out of losing on DACA II, in California -- so just get used to it.

. . . .We respectfully write to inform the Court that, in order to ensure review by the Supreme Court during its current Term, we intend to again petition the Supreme Court for a writ of certiorari before judgment to review the district court’s preliminary injunction order and related orders. . . .


Uh-huh. You are a servant of the people, not a king, 45. I predict the Supremes will slap that threatened latest cert. request right down too.

In sum, Trump thinks pestering the appellate court, and rushing the jurists will. . . help him. Complying with the APA would have helped him, but that. . . he did not do.

So. The. Attempted. Hurry-Up / Rush. Will. Not. Help. Either. Onward.

नमस्ते

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