President Trump said today that he will sign a new immigration executive order next week and that he would appeal the 9th Circuit Court’s ruling against his travel ban. He further called the Ninth Circuit a court “in chaos” and “turmoil.” I do not see the chaos or the turmoil on the Ninth Circuit, which is the largest circuit in the country. One can certainly disagree with the decision on the executive order, but the panel decision was a good-faith decision of three judges who unanimously ruled against the order on the effort to stay the lower court’s temporary restraining order (TRO). Update: there appears another disconnect between the White House and the DOJ. In today’s filing the DOJ requested that the Nunth Circuit vacate the prior order because the new order will rescind and replace the old order.
President Trump stated that “That circuit is in chaos… that circuit is in turmoil.” There is a move to divide the Ninth Circuit, which has been long discussed. Under one plan, the new Ninth Circuit would be largely California — something unique in the nation where circuits cover multiple states. Under the Senate proposal, Oregon, Hawaii, Guam, and the Northern Marianas would join California. That means that the circuit would be composed almost exclusively of judges from one state. Indeed, California alone produces as many or more appeals than the entire Fifth Circuit (the second largest circuit).