Ninth Circuit Court of Appeals Refuses to Reinstate Trump Travel Ban

A late night decision (Read the PDF here) from a three-judge panel on the Ninth Circuit Court of Appeals came down in the early hours of Sunday morning:

Washington (CNN)A federal appeals court early Sunday morning denied the US government’s emergency request to resume President Donald Trump’s travel ban.

The Ninth Circuit Court of Appeals has asked for both sides to file legal briefs before the court makes its final decision after a federal judge halted the program on Friday.

What this means is that the ruling by US District Court Judge James Robart, who suspended the ban, will remain in place — for now.

The US Justice Department filed an appeal just after midnight Sunday, asking to pause Robart’s sweeping decision that temporarily halted enforcement of several key provisions of Trump’s executive order.

Lawyers from both sides have until Monday (tomorrow) to make any filings. If the Ninth Circuit upholds Robart’s TRO, expect the Department of Justice to file an appeal with the Supreme Court. If SCOTUS agrees to hear the case with its current 8 justice lineup, that means that if the opinion is a 4-4 partisan split, the Ninth Circuit opinion will stand. If the Supreme Court rules by a 5-3 majority or greater, then its opinion will supersede the Ninth Circuit’s.

DNC Chair Candidates React to Gorsuch Supreme Court Nomination

Sally Boynton Brown:

Ray Buckley:

“This is a stolen seat. The process for Antonin Scalia’s replacement has been delayed by Senate Republicans for nearly a year, and now we have an historically unpopular president who lost the popular vote by three million votes nominating a Scalia clone to the High Court. The American people won’t stand for this, and the Democratic Party will stand in lockstep with them.”

Pete Buttigieg:

Jehmu Greene:

Jaime Harrison:

“The judge nominated by President Obama for this Supreme Court seat, Merrick Garland, was called ‘a consensus nominee’ by Senator Orrin Hatch.  But Senate Republicans refused to even give him a hearing; Mitch McConnell said, ‘Let’s let the American people decide.’  Well, by a margin of almost 3 million, more Americans chose Hillary Clinton over Donald Trump to fill this seat.  So President Trump would have been wise to choose a consensus nominee like Merrick Garland.  But given Trump’s radical actions since the start of his presidency, we should not be surprised that he has chosen a judge whose record favoring big corporations and opposing civil rights suggests that he is a right-wing zealot.  Unless the hearings somehow reveal that Judge Gorsuch’s extreme record will not continue on our nation’s highest court, bring out the cots for a filibuster.”

Tom Perez:

“I always say that past is prologue, and today President Donald Trump proved that theory true when he announced a nominee just as extreme and divisive as his past 12 days in office. President Trump’s selection of Judge Gorsuch to serve a lifetime term on our nation’s highest court only further cements what we’ve witnessed over the first 12 days of his administration: that he doesn’t give a damn about upholding the Constitution.

“Judge Gorsuch has already led the attack on women’s reproductive health from the bench and would eagerly overturn Roe v. Wade if confirmed. He has an abysmal record on protecting citizens from police brutality and would seriously jeopardize bipartisan efforts toward criminal justice reform. He would similarly dismantle the gains we’ve made for LGBT Americans and serve as a reliable vote in favor of voter suppression on the high court.  In short, a Justice Gorsuch would discriminate against a majority of Americans from the bench. This alone is disqualifying.

“And just yesterday, Donald Trump demonstrated that what he’s most concerned with is putting in place sycophants who can’t be trusted to hold him accountable when he breaks the law and violates the Constitution. We should expect nothing less from his judicial nominees.

“Simply put, a Justice Gorsuch on the Supreme Court is intolerable and it’s up to Democrats to block his nomination.

“As I’ve said before, we need to afford Donald Trump the same level of cooperation Mitch McConnell afforded President Obama. That starts with making sure that Judge Gorsuch never sits on the Supreme Court.”

I haven’t seen any statements on Keith Ellison’s campaign and congressional websites or any of his social media accounts. This post will be updated if he issues a statement or makes a public comment.

Democrats Skipping Meeting with Trump Supreme Court Nominee Tonight

From NBC’s Kelly O’Donnell: