Judge not, lest ye be judged

Judged they were
and found wanting

In one of the most ruthless opinions issued of fellow panel judges, five judges from across the political spectrum in the Ninth Circuit went out of their way to issue an opinion about a dismissed appeal, to remind everybody just how embarrassingly bad the prior Ninth Circuit stay panel decision was on Trump’s travel ban.

The language of the opinion was almost Scalian: the five Ninth Circuit judges noted their “obligation to correct” the “manifest” errors so bad that the “fundamental” errors “confound Supreme Court and Ninth Circuit precedent.” The district court questioned any judge issuing a “nationwide TRO” “without making findings of fact or conclusions of law” on the merits of the matter and conducting published opinions on seminal matters of national security based on “oral argument by phone involving four time zones.”

Aside from the procedural defects of the process, the five panel jurists then noted the deep legal problems with the panel’s order: its a-historicity, it’s abdication of precedent, and its usurpation of Constitutionally delegated Presidential rights.
[RTWT it's delicious]

A spanking! A spanking!

(but, no, not, you know… that kind)
Cultural ref
Cultural ref’s cultural ref


  1. dick, not quite dead white guy
    Posted March 16, 2017 at 8:31 pm |

    That is very scrumptious, but although I see where the five judges’ scathing opinion roundly condemns the three judge panel’s earlier decision in every facet, I don’t see where it reverses it. It’s more like a judicial editorial that does not have the force of law.

    I think if it did reinstate Trump Travel Ban One, the news would be screaming it all over, and we’d hear the sound of Maddow heads exploding across the land. As it is, I haven’t seen a thing in MSM, which I’d expect, but not even Fox mentioned it.
    Damn shame.

  2. staghounds
    Posted March 17, 2017 at 5:11 am |

    Yes, it’s only a dissent.

  3. Fawkes News (Fun Lovin' Thought Criminal)
    Posted March 17, 2017 at 8:42 am |

    I especially liked the part where a US citizen of Egyptian descent was given standing because the travel ban hurt his feeeeeeeeelings.

  4. Jess
    Posted March 17, 2017 at 11:22 am |

    I’m sure the Hawaiian judge will ignore the dissent as much as he ignores his responsibility. It’s not as though they can shoot him, although it would probably be best.

  5. Lord of the Fleas
    Posted March 18, 2017 at 8:16 am |

    ^ It’s more like a judicial editorial that does not have the force of law.

    To me, the original decision lacks the force of law as well. But then what do I know?…

    And just for shits and giggles, I decided to watch the first Cultural ref with Sammy Davis Jr on Laugh-In. And for further S&G, carried on to the following vid with Sammy and Goldie Hawn (who proved that Dan Rowan was right in calling her the worst cold reader in TV). Watch that one through to the end – it’s freaking amazing. Two supposedly comical items of “News from the Future – Twenty Years from Now” turn out to be bang-on accurate. Scary, actually.