The 9th Circuit Court of Appeals will have a live link to the Oral Arguments in the Trump Executive Order case being held at 3:00 pm Pacific Time today. They have allowed the live link because of the national interest in the results.
The 9th Circuit also has a page up with all of the court documents and filings. People can access the actual documents and read for themselves the details of the case. 9th Circuit Court Case link.
Comments ahead of time
For those who have never really seen or heard the inside of a Court Room with a case ongoing, this is a great opportunity to get a feel of what court is really like. You will probably be confused at times, wondering what is really going on, but this is “court”. It is not all nice, pretty and easy to understand as television would have you believe.
For those of us who have been in court and understand the process, this is a great time to comment below to help others understand what is going on.
I will be listening and commenting myself.
What to listen for
This is a WAG (wild ass guess) as to what to listen for, but I can provide hints.
- Pay close attention to questions from the bench and to which party they are directed at. The tone and content of the questions may provide a clue as to what the judges are thinking. (There are two Dem appointed judges and one Rep appointed judge.)
- In the Opening Arguments, the points emphasized should reflect the key arguments for each side.
- Expect the AG to focus upon two main issues, Legal Status of the State to file the complaint, and the Separation of Powers issue, primarily focused upon the issue that the States have no authority to question the powers of President Trump to regulate immigration of refugees.
- The Washington State side should focus upon “the people”. They will try to claim that the EO’s harm these people and give them rights to challenge the EO. Washington will also try to claim that the State will be hurt financially, and that gives them standing.
The judges will also be focused upon Legal Standing and Separation of Powers. For Washington, they will likely want clarification on why Washington can file a legitimate lawsuit over the EO.
For the Trump side, questions will be directed at the attorney trying to trip him up and show that there is no major threat so as to issue the order. They will also try to negate the Separation of Powers argument.
I expect that the ruling will be announced tonight. Essentially, they already know how they will rule, unless something exceptional occurs in the Oral Arguments. If the judges follow the Constitutional Powers of the President, they will rule for Trump. If not, they go with Washington.
Either way the Court rules, the ruling will be appealed to SCOTUS.
Something else to consider
I do not believe anyone has mentioned this, but it is something else to consider.
If the Ninth does rule for the President, of if it goes to SCOTUS, then there is another benefit to President Trump. A ruling that he has full control over the refugee issue, and the Federal Government does also control the other aspects of immigration means that:
The Sanctuary City and Sanctuary State claim is invalid. Neither would exist because the Courts would have ruled that the Feds and the President control all aspects of Immigration.
Therefore, President Trump could immediately go after those cities and CA claiming such status and failing to cooperate with the Federal authorities.
Everyone, I keep saying that there is a “long game” being played with everything that Trump is doing. This is evidence of that.
Wonder what else is planned?