Last week, the 9th Circuit Court of Appeals ruled 3-0 President Donald Trump’s travel ban was unconstitutional. That’s hardly the end of it, however.
Thomas Sowell joked over a decade ago that there would be a day when the 9th Circuit rules the constitution unconstitutional, and given their track record of having over 80% of their decisions overturned (if reviewed by the Supreme Court), that’s probably true. Heck — a child flipping a coin to decide cases would make the right decision at least 50% of the time, unlike the 9th Circuit’s 30%.
Following the ruling, Trump tweeted he’d be seeing them in Court (which is convenient for them, given that they work in a court).
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
There are a number of options Trump has at his disposal to get around the 9th Circuit. He could file an emergency application to the Supreme Court, asking the justices to rule on the trial court’s ruling blocking his executive order suspending travel from seven mostly Muslim countries. He could get a ruling in a few days if he were to pursue that strategy.
In addition to his “see you in court” comment, Trump also floated the idea of simply signing a new executive order. Of course, that option would require Trump to acknowledge faults in his original executive order, which seems unlikely given his confidence in its constitutionality.
With that in mind, the New York Post just reported:
President Trump plans to appeal the decision that halted his ban on immigration from seven countries, according to a report on Fox Business on Monday.
Lawyers for the federal government and the states that opposed the executive order will discuss the ruling at 6 p.m. Eastern time on Monday, Fox Business reported.
Trump’s lawyers will seek an en banc hearing — meaning the court would select 11 judges at random from a judicial pool of about 30 judges in that circuit to hear the appeal.
Only three of the 9th Circuit judges heard the case and all ruled against the administration.
Meanwhile, House Republicans are currently pushing to split up the “nutty” 9th Circuit — including John McCain, who’s certainly no Trump fan. Congressional efforts to split the circuit up date back to 1941 — it’s needless to say that the Circuit has been unpopular for qiote some time.
[Note: This post was written by Matt Palumbo. Follow him on Twitter @MattPalumbo12]