by John Galt
February 10, 2017 21:20 ET
In what can be only be called a strange turn of events after one full day of legal criticism by legal scholars, former judges, and attorneys nationwide, the 9th Circuit Court of Appeals has received a “sua sponte” request for an en banc hearing. For those who are unaware what that means, here is the legal definition of “sua sponte” and what it means (via Cornell Law):
Latin for “of one’s own accord; voluntarily.” Used to indicate that a court has taken notice of an issue on its own motion without prompting or suggestion from either party.
As a general rule, where grounds for dismissal exist, an action is subject to dismissal on a court’s own motion. A trial court has the power to dismiss an action sua sponte for want of prosecution, or failure to comply with the rules of civil procedure or a court’s orders. A court may sua sponte enter a motion to dismiss for want of jurisdiction even though both parties have agreed to appear in the court.
Fascinating. This means that maybe, just maybe, one or several of the judges on the full panel in the 9th realizes that the ruling issued was not on the subject matter of the Temporary Restraining Order or that in fact that the three judge panel exceeded its constitutional authority by assigning due process rights to non-U.S. citizens not within U.S. territory and shockingly enough, to illegal aliens. If they are indeed going to reverse part or all of the three judge panel’s ruling and send it back down to the so-called judge in Seattle with the TRO being dismissed in the final ruling, it will make the cases in Brooklyn, NY and Alexandria, VA the primary battlegrounds for the anti-Trump forces.
Here are the pertinent documents filed online by the 9th Circuit tonight:
And here is their explanatory document:
Stay tuned as next week could get interesting; especially if the hearing is held live and AG Sessions decides to handle it himself. That should make for one hell of a media circus.