The Justice Department has filed its written arguments to appeal a federal judge’s ruling to halt the executive order on immigration banning seven predominantly Muslim countries. As we’ve discussed, it will be a very difficult and interesting fight for the Trump Administration. Let’s take a look at the judges who will be presiding over the appeal.
These are the three Justices that will hear the government’s stay motion and are expected to rule by week’s end.
- Judges William Canby – A Jimmy Carter appointee
- Michelle Friedland – A Barack Obama appointee
- Richard Clifton, a George W. Bush appointee
Two of the three justices are left-leaning having been appointed by democrat and highly liberal administrations. The third, a mild conservative, is the sole republican appointment.
They will not rule on the constitutionality of the order but whether the hold should remain in force while those large issues are resolved.
Rest assured they will most likely rule that it should remain in place as this case seems to be guided more by politics than sound legal reading.
If they do rule that the hold remains in place, the expect this to go straight to the Supreme Court where another interesting scenario awaits us. SCOTUS only has 8 out of 9 members and the court is even in terms of ideology meaning that it will most likely return a 4-4 tied vote. In that scenario, the case would be remanded back down to the lower court. If that were to happen it would mean a defeat for the Trump administration.