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United States News Title: Trump Illegal Alien Executive Orders - Follow the Litigation Bouncing Ball Trump Illegal Alien Executive Orders - Follow the Litigation Bouncing Ball nolu chan Today, the Trump Administration filed an Application with SCOTUS for a Stay of a recent 9th Circus opinion which upheld a District Court of Hawaii opinion. Today's application for a stay asserted of the 9th Circus, "Despite this Court’s rulings, last Thursday the Ninth Circuit affirmed the entire modified injunction. The court of appeals did not even attempt to reconcile its decision with this Court’s July 19 Order. Instead, the court of appeals deferred to the district court’s interpretation of this Court’s June 26 stay ruling." In short order, today Justice Anthony Kennedy issued an Order stating, "IT IS ORDERED that the mandate of the United States Court of Appeals for the Ninth Circuit, case No. 17-16426, is hereby stayed with respect to refugees covered by a formal assurance, pending receipt of a response, due on or before Tuesday, September 12, 2017, by 12 p.m., and further order of the undersigned or of the Court. " That is harsh, requiring a response by noon tomorrow. It may be that Justice Kennedy is not amused by the antics of the 9th Circus upholding the District of Hawaii on the basis of the District interpretation of the U.S. Supreme Court's interpretation. http://law.justia.com/cases/federal/district-courts/hawaii/hidce/1:2017cv00050/132721/270/ Hawaii v. Trump, DCHI 17-cv-00050 (29 Mar 2017) ORDER GRANTING MOTION TO CONVERT TEMPORARY RESTRAINING ORDER TO A PRELIMINARY INJUNCTION Upon consideration of the parties’ submissions, and following a hearing on March 29, 2017, the Court concludes that, on the record before it, Plaintiffs have met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim, that irreparable injury is likely if the requested relief is not issued, and that the balance of the equities and public interest counsel in favor of granting the requested relief. Accordingly, Plaintiffs’ Motion (ECF No. 238) is GRANTED. https://www.supremecourt.gov/opinions/16pdf/16-1436_l6hc.pdf Trump v. Intl Refugee Assistance Project, et al, (16436), (16A1190); Trump v. Hawaii, et al, (16-1540) (16-A1191), S. Ct. 582 U.S. ____ (26 June 2017), per curiam, The Government filed separate petitions for certiorari,as well as applications to stay the preliminary injunctions entered by the lower courts. We grant the petitions for certiorari and grant the stay applications in part. http://cases.justia.com/federal/district-courts/hawaii/hidce/1:2017cv00050/132721/322/0.pdf Hawaii v. Trump, DCHI 17-cv-00050 (6 July 2017) Hawaii v. Trump, 17-16426 (9th Cir., 7 Sept. 2017), per curiam, For the reasons that follow, we conclude that in modifying the preliminary injunction to preserve the status quo, the district court carefully and correctly balanced the hardships and the equitable considerations as directed by the Supreme Court in Trump v. International Refugee Assistance Project, 137 S. Ct. 2080, 2088 (2017), and did not abuse its discretion. We affirm. http://www.scotusblog.com/wp-content/uploads/2017/09/17A275-Trump-v.-Hawaii-App.-Stay-1.pdf Trump v. Hawaii, S. Ct. 16-1540, APPLICATION FOR A STAY of the Mandate of the United States Court of Appeals for the Ninth Circuit Affirming the Modified Prelminary Injunction (11 Sept. 2017) Despite this Court’s rulings, last Thursday the Ninth Circuit affirmed the entire modified injunction. The court of appeals did not even attempt to reconcile its decision with this Court’s July 19 Order. Instead, the court of appeals deferred to the district court’s interpretation of this Court’s June 26 stay ruling. The Ninth Circuit thus upheld the district court’s determination that a refugee is exempt from the Order if a U.S. resettlement agency has made a promise to the federal government (known as an “assurance,” Addendum (Add.) 25) to provide services to the refugee when the refugee arrives in this country, notwithstanding that such agencies typically do not have any pre-arrival contact with the refugee himself. That conclusion effectively reads out of this Court’s June 26 stay ruling its requirement that the refugee have a “relationship with” a U.S. entity, IRAP, 137 S. Ct. at 2089, and it requires the admission of refugees who have no connection to the United States independent of the refugee-admission process itself. No. 17A275 DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., O R D E R UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the mandate of the United States Court of Appeals for the Ninth Circuit, case No. 17-16426, is hereby stayed with respect to refugees covered by a formal assurance, pending receipt of a response, due on or before Tuesday, September 12, 2017, by 12 p.m., and further order of the undersigned or of the Court. /s/ Anthony M. Kennedy Dated this 11th ... To be continued. Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 1.
#1. To: nolu chan (#0)
Actually, it's months overdue. What took him so long? I'd prefer that Texas and the other dozen states had moved ahead to have DACA stricken down. It was a mistake to let Trump give himself another six months extension on 0bama's unconstitutional power grab. And in 6 months, he'll almost certainly extend it again. So he'll end up being just as big a scofflaw as 0bama was.
#2. To: Tooconservative (#1)
Power grab? Trump is actually attempting to realign US Constitutional objectives stripped away from Presidential Orders.
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