As I predicted (and this time correctly), the Ninth Circuit Court of Appeals has ruled—unanimously—that the ban on implementing part of Trump’s immigration order will stand. (Remember that one of those judges was appointed by George W. Bush.)
The ruling, as I hear on the news, is very strong, calling part of those orders unconstitutional. This is a strong rebuke to Trump and his program, and stands as a monument to the power of the judiciary in curbing the executive branch of government. This is what we’ll have to count on, and why when Gorsuch takes his seat on the Supreme Court things will become more dire.
But right now, an appeal to the Supreme Court will probably be fruitless: if the Court divides on the usual lines, it will be a 4-4 tie, which will allow the lower court’s stay to stand. (The Trump administration can always ask for a temporary “emergency” overruling of the appeals court decision.)
And Gorsuch won’t be able to break that tie since he can’t adjudicate this case: he’s not even on the bench.
Our benighted President has already issued a tw**t:
Rationality triumphs—at least this time.