Updates with Trump’s executive order suspending immigration — that was blocked Friday night with a temporary restraining order by a federal district judge in Washington: (Previous video link) http://bit.ly/2lht3xV
There was an appeal from Trump’s Dept. of Justice on Sunday to immediately restore the order, but the 9th U.S. Circuit Court of Appeals, a higher-level court in San Francisco, denied it.
This same court will make a ruling on Trump’s order sometime this week. If they block it, then the appeal will go to the Supreme Court.
Let’s look at how the U.S. federal court hierarchy works — I’ll show you an image, focus on the left part. [Image]
So you see that the Supreme Court is at the top, below it are 13 appellate courts, and under that are 94 district courts.
The courts are split up according to geographical boundaries, 11 districts for the country and two in D.C. [Map]
Trump’s order was challenged in a Seattle district court — by the states of WA and MN. The Seattle district court is in the 9th circuit. The appeal then goes to the Ninth Circuit Court of Appeals in San Francisco. This circuit court has more than 40 judges, all appointed by various U.S. presidents since 1971.
How it works in the courtroom — a panel of three judges will be assigned to the case. They will read legal briefings from both sides and possibly hear oral arguments from lawyers. Then they will make a decision.
They will need to determine — is this temporary ban of seven countries and refugees within the constitutional powers of the U.S. President? Is this ban warranted for “national security reasons?” Is this ban unnecessary, discriminatory, and harmful to U.S. citizens, U.S. businesses, U.S. states, and green card holders?
Whatever the 9th Circuit Court’s decision is, either side can appeal it to the Supreme Court, but right now it is split 4-4, which means any “tie” vote gives the lower court the final say. But this thing could go a different way, as there are many other lawsuits in various federal courts all over the U.S. We’ll see where this goes.
Trump’s pick for Supreme Court — Judge Gorsuch — will take several weeks before he’s confirmed (if he is confirmed at all) — and he appears to not be a factor in this process.
President Trump has criticized the Seattle judge — Judge Robart — multiple times on Twitter over the weekend and suggested that if anything happened in the U.S. (terrorism-related), we should blame him.
[Tweet: The judge opens up our country to potential terrorists and others that do not have our best interests at heart. Bad people are very happy!]
[Tweet: I have instructed Homeland Security to check people coming into our country VERY CAREFULLY. The courts are making the job very difficult!]