9th Circuit Upholds Stay – Trump Shouldn’t Go to Supreme Court

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9th Circuit Upholds Stay – Trump Shouldn’t Go to Supreme Court
9th Circuit skeeze / Pixabay

After 9th Circuit court Ruling Wisest Strategy Would Be to Wait For Final Decision, and Nine-Justice Court
– The federal Court of Appeals for the 9th Circuit has upheld a stay of President Donald Trump’s executive order restricting people from seven named countries.

Public interest law professor John Banzhaf, who believes such a ban would be constitutional, but who nevertheless publicly predicted today’s decision, suggests that the administration may be wise to avoid seeking immediate relief from the U.S. Supreme Court at this time.

If the matter goes to the Supreme Court now, Trump will find a court with only eight justices, with many experts expecting a 4-4 tie which would result in a loss for Trump.

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This is especially true since the ruling is not one on the constitutionality of the order nor on the state’s legal standing to challenge it, but rather a more difficult to overturn ruling on whether the stay should remain in effect for a brief period until the major and complex legal issu