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9th Circuit Judge Wants Another Vote over Trump Travel Ban Decision


In a rare move, one of the judges on the Ninth Circuit of Appeals has made a request that a vote be taken as to whether the order issued by the three judges Thursday night should be reconsidered en banc, which means before 11 federal judges of the Ninth Circuit. It’s not clear if this means that this judge (who was not named in the order) believes that there are enough votes to overturn the lower court’s decision which put a temporary halt on Trump’s controversial travel ban or if the judge simply wasn’t satisfied with the panel’s decision. Regardless, it is an interesting move that could bode well for President Trump, and throws yet another legal twist into the ongoing court battle between Trump and those trying to prevent his controversial immigration ban from being enforced.

On Thursday night, in a big blow to the Trump administration, a panel of three Ninth Circuit federal judges refused to lift a stay which was issued by Seattle federal Judge James Robart.

Earlier today, Trump indicated that he did not plan to appeal the Ninth Circuit’s decision to the U.S. Supreme Court or request an en banc review by the full Ninth Circuit panel. Instead, his attorneys said they planned to fight the case on the merits in the lower federal court. But then minutes after one White House official said the Trump administration would not appeal to SCOTUS, White House Chief of Staff Reince Priebus told The Washington Posthat they are actually still “reviewing all of our options in the court system.” Regardless, federal judges are allowed to call for an en banc vote themselves even if neither party petitions for a rehearing.

Chief Judge Sidney Thomas of the 9th Circuit Court has instructed both Trump’s DOJ team and lawyers for the State of Washington and Minnesota to file briefs due by Thursday February 16th, stating whether they believe the motion should be considered en banc. To get a rehearing, a majority of the 29 active judges on the court would need to vote in favor. Some legal experts contend however that it is unlikely that a majority of judges (most of whom were appointed by Democrats) would agree to this.

Stay with for the latest developments on this breaking story. We will update this post accordingly. This post has also been corrected to note the number of judges on the Ninth Circuit. 

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Rachel Stockman is President of Law&Crime which includes Law&Crime Productions, Law&Crime Network and Under her watch, the company has grown from just a handful of people to a robust production company and network producing dozens of true crime shows a year in partnership with major networks. She also currently serves as Executive Producer of Court Cam, a hit show on A&E, and I Survived a Crime, a new crime show premiering on A&E this fall. She also oversees production of a new daily syndicated show Law&Crime Daily, which is produced in conjunction with Litton Entertainment. In addition to these shows, her network and production company produce programs for Facebook Watch, Cineflix and others. She has spent years covering courts and legal issues, and was named Atlanta Press Club's 'Rising Star' in 2014. Rachel graduated from Northwestern University's Medill School of Journalism and Yale Law School.