The Daily World :
In a filing to a Seattle federal court Monday, the Department of Justice suggested it would not immediately turn to the U.S. Supreme Court to ask for the Trump administration’s travel moratorium to be reinstated after an appeals court dealt a blow to it last week.
In the filing, Acting Assistant Attorney General Chad Readler told the U.S. district court in western Washington that the department wanted to see how the case over the travel ban plays out in the 9th Circuit Court of Appeals before proceeding with the case in the lower court.
It’s the Seattle court where Judges James L. Robart on Feb. 3 called for a temporary nationwide halt to Trump’s travel ban, which the White House appealed to the 9th Circuit. Last week, three 9th Circuit judges upheld Robart’s decision. But then a judge from the full appeals court of 25 active judges asked for the wider court to vote on whether an en banc panel – 11 judges – should reconsider the government’s request to reinstate the travel ban.
Under court rules, the judge who made that request will remain anonymous. Legal scholars say the makeup of the 9th Circuit makes it its
unlikely that the court will vote differently if it reconsiders the government’s request. The court has set a deadline of 11 a.m. Thursday for briefs on whether it should vote for an en banc panel.
The Seattle court and the 9th Circuit have not decided on the constitutionality of the travel ban but have only said it would do irreparable harm if it was reinstated while its constitutionality is decided.
In a filing to a Seattle federal court Monday, the Department of Justice suggested it would not immediately turn to the U.S. Supreme Court to ask for the Trump administration’s travel moratorium to be reinstated after an appeals court dealt a blow to it last week.
In the filing, Acting Assistant Attorney General Chad Readler told the U.S. district court in western Washington that the department wanted to see how the case over the travel ban plays out in the 9th Circuit Court of Appeals before proceeding with the case in the lower court.
It’s the Seattle court where Judges James L. Robart on Feb. 3 called for a temporary nationwide halt to Trump’s travel ban, which the White House appealed to the 9th Circuit. Last week, three 9th Circuit judges upheld Robart’s decision. But then a judge from the full appeals court of 25 active judges asked for the wider court to vote on whether an en banc panel – 11 judges – should reconsider the government’s request to reinstate the travel ban.
Under court rules, the judge who made that request will remain anonymous. Legal scholars say the makeup of the 9th Circuit makes it its
unlikely that the court will vote differently if it reconsiders the government’s request. The court has set a deadline of 11 a.m. Thursday for briefs on whether it should vote for an en banc panel.
The Seattle court and the 9th Circuit have not decided on the constitutionality of the travel ban but have only said it would do irreparable harm if it was reinstated while its constitutionality is decided.
