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.
Continue reading “Trump Says Administration Will Issue New Immigration Order Next Week”
It appears that the problem with the Internet in Palau resulted in the deletion of the original post on the decision in Virginia. I did not want to delete any discussion so I am keeping this post. I am in Guam now with better Internet access. Virginia federal district court Judge Leonie Brinkema granted a preliminary injunction which requires a higher showing for the challengers. In that sense, this is an obvious victory but it could also be an opportunity for the Trump Administration. I believe that the Brinkema decision might be the better option for the Administration to appeal given its focus on religious discrimination and its reliance on campaign statements and the bizarre statements of Rudy Giuliani.
My seventh day was sent on Palau, a true island paradise. The first day was spent in three lectures to the Palau bar with Ninth Circuit Judge Paul Watford. The day was a good time to be indoors. A tropical storm moved in with torrential rain.
If you are looking for a fun romantic getaway for Valentine’s Day, you might want to pass on Pakistan. The High Court in Islamabad has 
The sixth day was just about as exciting as it can get. Our hosts in Saipan knew of my love for military history and Chief Justice Alexandro Castro said that he would be happy to take my to Tinian on his fishing boat. With Ninth Circuit Judge Paul Watford and his wife joined us, it became quite an adventure after he hit unpredictably rough seas in the small boat. It only added to the exciting day, however, as we visited one of the truly most unique places on Earth.
My fifth day was spent giving three lectures to the bar of Saipan. It was a fascinating day with the judges and lawyers of this beautiful island. Tomorrow Judge Watford and I will be going to Tinian Island where the B-29s took off to drop the bombs on Hiroshima and Nagasaki. These islands are steeped in the military history of World War II. Having read about the battles for years, it is amazing to be here and walk along the beaches of the invasions. Saipan was also the scene of one of the most horrific moments of the Pacific war when 1,000 Japanese civilians committed suicide by jumping off the cliffs on the Northern part of the island. They believed the propaganda about the Americans and took their lives rather than be captured. It is hard to imagine such horror on an island that is indescribably beautiful and peaceful.
