Justafan Posted February 10, 2017 Report Share Posted February 10, 2017 Why? Because he would lose. Jamalisms 1 Link to post Share on other sites More sharing options...
Justafan Posted February 10, 2017 Author Report Share Posted February 10, 2017 http://www.cnn.com/2017/02/10/politics/immigration-executive-order-white-house/ I know, I know. Fake news. LOL. Link to post Share on other sites More sharing options...
OILERMAN Posted February 10, 2017 Report Share Posted February 10, 2017 See you in court! not really Jamalisms, Justafan, Somedude, and 1 other 4 Link to post Share on other sites More sharing options...
Jamalisms Posted February 10, 2017 Report Share Posted February 10, 2017 Meanwhile the legality of Obamacare has been tested so thoroughly it's just about the most legal thing this country has ever seen. heyitsmeallen, and Justafan 2 Link to post Share on other sites More sharing options...
9 Nines Posted February 10, 2017 Report Share Posted February 10, 2017 22 minutes ago, Justafan said: Why? Because he would lose. Likely hoping another appellate court will take it up. An attorney, on Chris Matthews's show, discussed this yesterday. If The Trump Administration immediately appealed it to the Supreme Court and the court split 4-4 (fairly likely) then the lower court ruling would stand until the Supreme court took it up again (which could be a while.) As I understand it, if it went that route, I think no other federal appellate court could take it up since the Supreme Court touched it. The way it is now, another appellate court, if a similar case flowed to it, can now take it up. If one does, and rules in the Trump administration's favor, then with a 1-1 appellate ruling, a Supreme Court tie would favor the Trump Administration view. I forgot what the attorney called that situation but the 1-1 ruling would allow the government to proceed on a Supreme Court tie. So going that route gives the Trump Administration the best chance of success (it would prevail under any scenario accept the Supreme Court ruling against it - so 2-3 odds of winning as far as the 3 possible outcomes.) Last night, the attorney stated this is pretty simple legal strategy and any rationale attorney would delay appeal, hoping another appellate court took it up then and roll the dice for a favorable ruling because worst case, you lose there also, then you are back to where you are now, as far as appealing to the Supreme Court on one ruling. What was in doubt last night was whether the Trump Administration would take the rationale approach. Evidently it did. Jamalisms, Justafan, and Mythos27 3 Link to post Share on other sites More sharing options...
freakingeek Posted February 10, 2017 Report Share Posted February 10, 2017 I love it. Message sent...... There IS a Constitution. We WILL uphold it. Link to post Share on other sites More sharing options...
Btowner Posted February 10, 2017 Report Share Posted February 10, 2017 1 hour ago, Justafan said: Why? Because he would lose. I really don't think they care about losing. It's red meat for the base. He can claim the liberal justice system derailed his Muslim ban. If we have another terrorist attack, he now has an ace to play. He will use this decision to say. "I told you so". It will not even matter if the person is an American citizen and not from one of the seven countries. Looking at this, it made his life easier. Now let's see if he has the self discipline to hang onto that ace. Link to post Share on other sites More sharing options...
OILERMAN Posted February 11, 2017 Report Share Posted February 11, 2017 1 hour ago, Jamalisms said: Meanwhile the legality of Obamacare has been tested so thoroughly it's just about the most legal thing this country has ever seen. Haven't seen anything on eliminating Obamacare in a while now Justafan, and 9 Nines 2 Link to post Share on other sites More sharing options...
oldschool Posted February 11, 2017 Report Share Posted February 11, 2017 (edited) 2 hours ago, OILERMAN said: See you in court! not really Did you see the a Washington AG's response to Trump? He said we've already been to court and won twice against him. Lol good stuff. Edited February 11, 2017 by oldschool Justafan, and OILERMAN 2 Link to post Share on other sites More sharing options...
oldschool Posted February 11, 2017 Report Share Posted February 11, 2017 (edited) 2 hours ago, 9 Nines said: Likely hoping another appellate court will take it up. An attorney, on Chris Matthews's show, discussed this yesterday. If The Trump Administration immediately appealed it to the Supreme Court and the court split 4-4 (fairly likely) then the lower court ruling would stand until the Supreme court took it up again (which could be a while.) As I understand it, if it went that route, I think no other federal appellate court could take it up since the Supreme Court touched it. The way it is now, another appellate court, if a similar case flowed to it, can now take it up. If one does, and rules in the Trump administration's favor, then with a 1-1 appellate ruling, a Supreme Court tie would favor the Trump Administration view. I forgot what the attorney called that situation but the 1-1 ruling would allow the government to proceed on a Supreme Court tie. So going that route gives the Trump Administration the best chance of success (it would prevail under any scenario accept the Supreme Court ruling against it - so 2-3 odds of winning as far as the 3 possible outcomes.) Last night, the attorney stated this is pretty simple legal strategy and any rationale attorney would delay appeal, hoping another appellate court took it up then and roll the dice for a favorable ruling because worst case, you lose there also, then you are back to where you are now, as far as appealing to the Supreme Court on one ruling. What was in doubt last night was whether the Trump Administration would take the rationale approach. Evidently it did. Lawyers and their bullshit hypotheticals. No other AG is going to challenge in another district to allow a conflicting ruling in appellate court becuase the Washington ruling is nation wide. I also don't buy Trump is giving up, his ego won't allow it. The 9th Circuit destroyed the executive order in its opinion. The White House will have to prove an imminent threat to get the case overturned and they can't do it. Edited February 11, 2017 by oldschool Link to post Share on other sites More sharing options...
Little Earl Posted February 11, 2017 Report Share Posted February 11, 2017 First off Trump never said that. Trump said he is considering issuing a new travel ban executive order, while Priebus said the administration could still escalate it over to the Supreme Court. But they most likely wouldn't like to do that until after Gorsuch is seated. Fact is it will take too long to go thru the Supreme Court. They are probably going to issue a new order so they can start up again right away with the ban. Trump2020 1 Link to post Share on other sites More sharing options...
woolfolksunclesuncle Posted February 11, 2017 Report Share Posted February 11, 2017 4 minutes ago, Little Earl said: Fact is it will take too long to go thru the Supreme Court. They are probably going to issue a new order so they can start up again right away with the ban. Yeah man! Fuck proper channels! IsntLifeFunny, Jamalisms, Stranger, and 1 other 4 Link to post Share on other sites More sharing options...
9 Nines Posted February 11, 2017 Report Share Posted February 11, 2017 Situation pointing to asking for an 'en banc' review by all the judges in that court to overturn that panel decision. Such a request has to pass a lot of requirements and the judges still might not accept it. As political as this has become, I would guess the judges would deny the request unless overwhelming compelling reason to take it up. Link to post Share on other sites More sharing options...
TitanDuckFan Posted February 11, 2017 Report Share Posted February 11, 2017 It seems the court is having second thoughts about the decision by the 3-judge panel. I think they know that decision puts the entire immigration system in jeopardy, by artificially granting "rights" to non-citizens. Shyster lawyers could go from chasing ambulances to globetrotting, looking for clients to sue the dotgov to enter the country. Link to post Share on other sites More sharing options...
heyitsmeallen Posted February 11, 2017 Report Share Posted February 11, 2017 (edited) Edited February 11, 2017 by heyitsmeallen MamlngEnvy, and Somedude 2 Link to post Share on other sites More sharing options...
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