BREAKING NEWS: 9th Circuit Court Judge Requests Full En Banc Hearing on Travel Ban

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.

  • sawbuck57

    All the good stuff happens on Friday nights! You can bet there has been MUCH discussion among the judges and some are trying to save what is left of the 9th Circuit’s (admittedly poor) reputation.

    • IMHO, if they let this so-called opinion stand, the Congress would impose judicial term limits and these baboons realized it.

      • Publius

        Do you really believe Congress would attempt to impose judicial term limits?

        1. The GOP has no spine.
        2. Democrats would fight such legislation tooth and nail, and probably prove triumphant in the battle to win over public opinion.
        3. Congress can, alternatively, create a new circuit court to limit the 9th’s influence.
        4. If they resort to a scorched earth plan, they have the authority to eliminate the lower courts altogether.

        • Caroline Van Winkle

          Last year GOP tried to break it up and was shot down…two republicans one of them McCain from Arizona and sorry don’t remember the name of the second one…have started to break it up again…..I imagine the effort will be redoubled since the stupidity shown by 9th circus court

        • The Congress and GOP have to take a stand at some point or the Tyranny of the Robes will expand, not end.

  • sawbuck57

    And it just struck me, even if the whole Circuit votes to uphold the stay, the action is going to be in (what I expect to be blistering) dissents – which will be part of the record up it goes to the Supreme Court. And I thought football season was over for a few months!

  • fb274

    Sessions need to replace the Clinton hire who handled the case. Listening to him he did not sound prepared to argue the case………a lay person probably could have present better arguments. Did he intentionally try to Fail??????

  • kstep15

    Drain the swap President Trump!!

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