Saturday, July 08, 2017

Hawaiian Noises

The 9th Circuit (yes, that (th Circuit) sort of has a broken clock moment:
The Ninth Circuit ruled that Hawaii should have asked Judge Watson to modify his previous injunction halting the Executive Order on March 15 (partially overturned by the Supreme Court on June 26) instead of asking for him to “clarify” the Supreme Court’s decision.

In order to obtain a temporary partial victory in the matter, the state of Hawaii could now appeal the current 9th Circuit decision directly to the Supreme Court–which could issue a ruling even though it is not in session if Justice Kennedy, who has that authority, chooses to act alone on behalf of SCOTUS.

Each court of appeals is under the supervision of a justice. Kennedy is the circuit justice for the Ninth Circuit. One of the things a circuit justice can do solo is to stay any appellate decision from his circuit.

Alternatively, it could follow the Ninth Circuit’s advice, file a new motion with Judge Watson, and hope for a favorable ruling, which would likely be appealed by the Department of Justice to the Ninth Circuit, whose ruling would be appealed to the Supreme Court again by the losing party.
Given the current Court, that may or may not happen...

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