Oh, the winning… it’s often too funny. The Ninth Circuit Court of Appeals is now independently, on its own impetus, requesting an internal vote on a full panel en banc hearing to review its own decision.
Additionally, the full ninth are asking the Trump administration to file an additional brief telling the court why the three member original appeals ruling authority was wrong. In essence, the smart judges know what wasn’t considered, and are now looking for an out.
You just can’t make this stuff up.
Prior to expanding the conversation, allow us to set the current stage with a few tweet optics:
Wait, wha… huh? Yes, that’s the 9th circuit requesting its own judicial membership ruling to be reviewed by the entire larger 9th circuit appeals court panel. Ya think maybe they recognize they just jumped head-first into showcasing their own insufferable moonbattery…
Meanwhile, President Trump is saying he has no intentions to challenge the crazy:
It’s a classic representative example of ‘be careful what you wish for, because you just might get it‘.
Currently, thanks to the ridiculous political judicial opinion of the 9th Circuit, the entire professional left and Democrat party are on display trying to block President Trump from protecting the American people. As a direct consequence they own any negative outcomes, including any act of terrorism, that might happen in the next several months.
Why would President Trump remove that political liability? If he’s smart, and he’s proven he is way beyond smart, he won’t.
Behind the scenes, and unrelated to the judicial ruling, President Trump can use his cabinet team to construct immigration and visa review policy that accomplishes the security goal. The Attorney General (Sessions), DHS (Kelly) and State Department (T-Rex) can execute departmental policy objectives under existing legal authority.
President Trump never really needed the majority parts of the executive order to carry out the security agenda. However, using the XO provided a highly public approach toward showing the American electorate he was fulfilling a campaign security promise. Tightening the visa approval process and executing “extreme vetting” doesn’t require anything except a policy and procedural change.
If President Trump does nothing, the underlying challenges to the Executive Order continue forward in the courts, while he gets his SCOTUS pick -Gorsuch- on the bench. If he so chooses, the DOJ can eventually bring the case to the Supreme Court, where almost everyone admits the Ninth Circuit and Judge Robarts decision will be overturned and all of the protestation from the left will have been for naught.
In the interim of the slow case proceeding, ANY instance of violence and terrorism provides President Trump the opportunity to use his bully pulpit -and Twitter- to hang the occurrence, foreign or domestic, like a millstone around the neck of Democrats up for elected office in 2018.
There is no downside on the domestic security agenda for President Trump; however, the Democrats are fraught with fear that something might just happen. Ultimately, THIS, the politics behind the entire construct, is the reason for the ninth circuit tonight asking for an en banc hearing of their own judicial ruling.
Smile, you’re worth it.
…”Complicated business folks…. complicated business”…
Oh boy, I just can’t wait for the Trump budget.