Ninth Circuit
Punts Emergency Stay on Immigration Until Later This Week
by Ken Klukowski 5 Feb 2017Washington, D.C.
A federal appeals court on Sunday declined to issue an
immediate stay of Judge Robart’s nationwide injunction blocking President
Trump’s executive order, but will likely rule on the motion for an emergency
stay later this week.
Late on Friday, Judge James Robart of the U.S. District
Court for the Western District of Washington issued a temporary restraining
order (TRO) against the president and the U.S. Departments of State and Homeland Security,
declaring Trump’s
executive order illegal.
Robart’s injunction is being heavily criticized for not
specifying why the executive order is illegal, since the plaintiffs—the states
of Washington and Minnesota—filed a lawsuit that throws the kitchen sink at the
federal government, claiming 10 separate violations of the Constitution
and federal law that Trump’s order allegedly violates. The sweeping court order
is also being criticized for blocking all implementation of the immigration
measure nationwide, instead of merely exempting Washington and Minnesota from
it.
A TRO is granted only in extreme circumstances
and typically lasts for only up to 10 days, to give a court time to fully
consider whether to grant a preliminary injunction that would last for however
many weeks or months are needed for the full judicial process to play out in
court.
On Saturday the U.S. Department of Justice filed for an emergency stay of the district
court’s TRO, including a request for an immediate administrative stay of the
TRO while the states are filing their legal briefs in opposition to the motion.
In the early morning hours of Sunday, the U.S. Court of
Appeals for the Ninth Circuit, which has jurisdiction over
Washington, denied the request for an immediate administrative stay. Contrary
to media reports, the court did not deny the Justice Department’s motion for an
emergency stay pending appeal.
Instead, a two-judge administrative panel of the San
Francisco-based appeals court ruled
that the court would not decide on the motion for an emergency stay until it
had received all legal briefs presenting the arguments on both sides. It
further ordered that Washington and Minnesota must file their brief by 3 PM ET
on Sunday, then the Justice Department must file its reply by 6 PM ET on
Monday. The court could then rule on the motion for an emergency stay at any
time after Monday’s filing.
Both appeals judges are Democratic appointees. Judge
William C. Canby was appointed by President Carter and is semi-retired. Judge
Michelle Friedland was appointed by President Obama. The Ninth Circuit is one of two most liberal
appeals courts in the nation.
U.S. Court of Appeals for the Ninth Circuit
Jay S. Bybee is a
judge for the U.S. Court of Appeals for
the Ninth Circuit, was an assistant attorney general for the Office of Legal Counsel, and an attorney
for the U.S. Department of Justice.
Note: Office of
Legal Counsel is a division of the U.S.
Department of Justice.
Steven G.
Bradbury was a deputy assistant attorney general for the Office of Legal Counsel, and an associate
at Covington & Burling LLP.
Covington
& Burling LLP was the lobby firm for the Americans for Responsible Solutions.
Americans
for Responsible Solutions is a “Gun
Safety, Gun Control” PAC for guns.
Alex Kozinski
was an attorney at Covington & Burling
LLP, and is the chief judge for the U.S.
Court of Appeals for the 9th Circuit.
Eric H. Holder Jr.
is a partner at Covington & Burling
LLP, was a board member for the American
Constitution Society, an intern at the NAACP
Legal Defense & Educational Fund, the attorney general at the U.S. Department of Justice for the Barack Obama administration, and a
trustee at the Morehouse School of
Medicine.
Faith Elizabeth
Gay was a board of adviser’s member for the American Constitution Society, and was an attorney at Sidley Austin LLP.
Michelle Obama
was a lawyer at Sidley Austin LLP.
Barack
Obama was an intern at Sidley Austin
LLP.
Open
Society Foundations was a funder for the American
Constitution Society.
George
Soros is the founder & chairman for the Open Society Foundations, and was the chairman for the Foundation
to Promote Open Society.
Foundation
to Promote Open Society was a funder for the NAACP
Legal Defense & Educational Fund, and the Brookings Institution (think tank).
Bureau
of Alcohol, Tobacco, Firearms and Explosives is a division of the U.S. Department of Justice.
Morehouse
School of Medicine is a medical school at Morehouse College.
Jerome Farris was
a trustee at Morehouse College, and
a judge for the Court of Appeals for the
Ninth Circuit.
Jay S. Bybee is a
judge for the U.S. Court of Appeals for
the Ninth Circuit, was an assistant attorney general for the Office of Legal Counsel, and an attorney
for the U.S. Department of Justice.
Office of
Legal Counsel is a division of the U.S.
Department of Justice.
Virginia A. Seitz
was an assistant attorney general for the Office
of Legal Counsel, an assistant attorney general for the U.S. Department of Justice, and is a
partner at Sidley Austin LLP.
David B. Barlow
was the U.S. attorney for the District of Utah for the U.S. Department of Justice, and is a partner at Sidley Austin LLP.
James M. Cole was
a deputy attorney general for the U.S.
Department of Justice, and is a partner at Sidley Austin LLP.
Michelle Obama
was a lawyer at Sidley Austin LLP.
Barack
Obama was an intern at Sidley Austin
LLP.
Bradford A.
Berenson was a partner at Sidley
Austin LLP, and Anthony M. Kennedy’s
clerk.
Anthony M. Kennedy’s
clerk was Bradford A. Berenson, and a
justice for the U.S. Court of Appeals
for the 9th Circuit.
Cameron F. Kerry
is a senior counsel at Sidley Austin LLP, John F. Kerry’s brother, and a fellow at the Brookings Institution (think tank).
John
F. Kerry is Cameron F. Kerry’s brother,
the secretary at the U.S. Department of
State for the Barack Obama
administration, and married to Teresa
Heinz Kerry.
Teresa Heinz
Kerry is married to John F. Kerry,
and an honorary trustee at the Brookings
Institution (think tank).
Cyrus F.
Freidheim Jr. is an honorary trustee at the Brookings Institution (think tank), and a member of the Commercial Club of Chicago.
Commercial Club of Chicago, Members Directory A-Z (Past
Research)
Tuesday, December 17, 2013
R. Eden Martin is
the president of the Commercial Club of
Chicago, and counsel at Sidley
Austin LLP.
Newton N. Minow
is a member of the Commercial Club of
Chicago, and a senior counsel at Sidley
Austin LLP.
Michelle Obama
was a lawyer at Sidley Austin LLP.
Barack
Obama was an intern at Sidley Austin
LLP, and was the attorney for ACORN
vs. Illinois State Board of Elections.
Association
of Community Organizations for Reform Now was the plaintiff in ACORN vs. Illinois State Board of Elections.
Sidley Austin
LLP was the legal adviser for the Association
of Community Organizations for Reform Now (ACRORN).
David F. Hamilton
was a canvasser for the Association of
Community Organizations for Reform Now (ACRORN), is a judge for the U.S. Court of Appeals for the 7th Circuit,
and Lee H. Hamilton’s nephew.
Lee H. Hamilton is
David F. Hamilton’s uncle, an honorary
trustee at the Brookings Institution
(think tank), and a member of the Homeland
Security Advisory Council.
John R. Allen is
a fellow at the Brookings Institution
(think tank), and a member of the Homeland
Security Advisory Council.
Cyrus F.
Freidheim Jr. is an honorary trustee at the Brookings Institution (think tank), and a member of the Commercial Club of Chicago.
R. Eden Martin is
the president of the Commercial Club of
Chicago, and counsel at Sidley
Austin LLP.
Newton N. Minow
is a member of the Commercial Club of
Chicago, and a senior counsel at Sidley
Austin LLP.
Michelle Obama
was a lawyer at Sidley Austin LLP.
Barack
Obama was an intern at Sidley Austin
LLP, and was the attorney for ACORN
vs. Illinois State Board of Elections.
Bradford A.
Berenson was a partner at Sidley
Austin LLP, and Anthony M. Kennedy’s
clerk.
Anthony M. Kennedy’s
clerk was Bradford A. Berenson, and a
justice for the U.S. Court of Appeals
for the 9th Circuit.
Jay S. Bybee is a
judge for the U.S. Court of Appeals for
the Ninth Circuit, was an assistant attorney general for the Office of Legal Counsel, and an attorney
for the U.S. Department of Justice.
Office of
Legal Counsel is a division of the U.S.
Department of Justice.
Steven G.
Bradbury was a deputy assistant attorney general for the Office of Legal Counsel, and an associate
at Covington & Burling LLP.
Covington
& Burling LLP was the lobby firm for the Americans for Responsible Solutions.
Americans
for Responsible Solutions is a “Gun
Safety, Gun Control” PAC for guns.
Alex Kozinski
was an attorney at Covington &
Burling LLP, and is the chief judge for the U.S. Court of Appeals for the 9th Circuit.
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