Trump lost. He lost so bigly. And unlike his previous court battles as a private citizen, when he settles it’s completely out in the open.
So zero details on what and how this EO will be different than the one being blocked by the courts.
Key question -
will it be so close to the previous order that it results in the issuance of contemp of court sanctions.
Well, you can’t just traipse into court with an executive order already subject to a restraining order , say you’re drafting up a new one, and expect that that will moot the case. So this is just a case of Trump flapping his lips.
Among other things, we should be grateful to be Ninth Circuit for showing us how toothless and Executive Order can be and how chaotic government by fiat is in a country where the legislative function is in another branch of government.
In all seriousness, I think this is just all way too complicated for Donald Trump. He is a pretty simpleminded person and keeping three branches of government in the air at once is obviously too taxing.
I would tend to doubt it.
A new Executive Order will be the subject of a new case. Trump seems to have the impression that now that he is president, he can change the facts of the case that is not going well for him.
I have not heard many comments about this subject, but I am not used to hearing these kinds of pronouncements from the president , as opposed to his attorney general.
Let’s hear from Jeff Sessions! What a hoot that is going to be!
My take is that he is not going to be able to get around the main problem with the EO in the first place - what is the need for it? Where is the evidence that national security demands it?
And then of course he has popped off for 2 years now about Muslims and the 9th said that his campaign rhetoric can be used in evidence. So, 1st Amendment, even if he tries to get around it in a new order.
It’s not going to be possible for him to do what he wanted to do because there is no way to change an order to fit the court’s ruling that will accomplish what he wanted.
Well, that’s assuming it can be struck down not he merits as you (and others) think it might. I don’t disagree with that, but that is still the open question. I’ll be curious as to what they will try differently in the wording, etc. that they think will keep them from getting it blocked by the courts to take up and review (again)…?
Wouldn’t that be wonderful to have him slapped with a contempt ruling for trying to jam the same turd through again?
But I think that might only be possible if the litigants in the current case bring up the new order as violating the retraining order. Not sure if that needle can be threaded that way, but would be good to have another roadblock to this travesty thrown up.
Yeah it is but one of the factors a court weighs in granting TROs is the likelihood that the thing being enjoined will fail on the merits. The 9th went out of their way to address some of the merits of the government’s argument and that was partly why.