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Sunday, July 9, 2017

Will the 9th circuit court decide to rule on the question of Bona Fide Relationship?

Last week the State of Hawaii asked the District Court to effectively overrule the Administration on their interpretation of what determines a "bona fide relationship". The District Judged failed to do so, rejecting the Hawaii lawsuit.

That lawsuit was promptly appealed to the 9th Circuit Court, who declined to intervene... but did apparently lay the groundwork for the sort of appeal that they would be willing to hear.
We lack jurisdiction to address Plaintiffs’ appeal of the district court’s order denying the motion to clarify the scope of the injunction. This court possesses jurisdiction to review only final judgments and a limited set of interlocutory orders. See 28 U.S.C. §§ 1291, 1292(a). The district court’s order neither resulted in a final judgment nor engaged in action deemed immediately appealable in 28 U.S.C. § 1292(a). Specifically, the district court’s order did not “grant[], continu[e], modify[], refus[e], or dissolv[e]” an injunction, or “refus[e] to dissolve or modify” an injunction. Id. § 1291(a)(1). Nor do any of the various judicially-crafted bases for appellate jurisdiction apply under these circumstances. Because the “practical effect” of Plaintiffs’ requested relief is declaratory in nature—not injunctive—we do not construe their clarification motion before the district court as one for injunctive relief.
So quite obviously, the state of Hawaii decided to go back to the original District Court Justice and seek an injunction, rather than clarification. I cannot imagine that the Justice in question can possibly rule any differently. If a District Judge does not feel that the District Court has the authority to clarify a USSC ruling, it certainly would not (using the same legal reasoning) have authority to issue an injunction (which would effectively clarify the USSC ruling under a more forceful definition).

However, once the District Judge has ruled  (assuming his baseline beliefs have not changed in the past few days then his ruling will be a denial of the injunction) it appears that the infamous 9th Circuit Court seems willing (if not eager) to take a crack at it. With the 9th Circuit Court, pretty much anything is possible.

We may be heading towards a time where the separation of powers becomes a distant memory, and your ever-growing Judicial branch will continue to expand their legislative and executive powers to the point where all laws and executive orders will be little more than a broad outline for the Courts to make a final determination on. This is "not" what our founding fathers had in mind, and could become a real serious constitutional crisis.

13 comments:

wphamilton said...

There will be no injunction for the District Court to modify or dissolve, or refuse to, so even if Hawaii seeks and injunction - which won't be granted - there will still be no jurisdiction for review.

opie said...

While don jr and jared twist their way around a meeting with russians to gain intel about hillary, our esteemed host is still obsessed with his bona fides of lawyering and worrying about the imminent threat of a grand ma sneaking in and blowing up the Mn state house......Bottom line, it does not affect him in any way other than his own fear of muslims. Sad.

KD, This Veteran Thanks this Commander n Chief said...

So President Trump goes and gets the Hat of the US Marine, not once, but twice, that is what Leadership Looks like.

Never Saw that during the Lost Years

caliphate4vr said...

More than half of the memos former FBI chief James Comey wrote as personal recollections of his conversations with President Trump about the Russia investigation have been determined to contain classified information, according to interviews with officials familiar with the documents.

This revelation raises the possibility that Comey broke his own agency’s rules and ignored the same security protocol that he publicly criticized Hillary Clinton for in the waning days of the 2016 presidential election.

opie said...

Another lying republicon' blaming outside influences coming to his town hall. A lie totally rebuked in every case of town halls going bad. Seems his own constituents are pissed all on their own.

Politics
Paul Ryan Won’t Hold Public Town Halls Due to Fear of Protesters
amp.slate.com Sat, Jul 8 6:25 AM PDT

House Speaker Paul Ryan won’t hold public town hall meetings because he’s concerned about protesters coming in from outside his district. Ryan, who once seemed to relish overflowing town halls, seemed to make the policy official after holding several closed-door meetings with constituents. “I don’t want to have a situation where we just have a screaming fest, a shouting fest,

Yep, he is another chicken shit afraid to face his own people.

KD, HATE TRUMP, ok and ??? said...

Which of the Special Elections did the Liberals win this year on the platform of "Hate TRUMP" ?

Zero

So what do the democrats have as a real platform that does not include the further Socializing of the US Economy.

The $$$$$ is in on the damage and destruction done by the anti-Capitalist protesters in Germany,,, 107 Million dollars. nice job leftist.

opie said...

Anonymous caliphate4vr said...
More than half of the memos former FBI chief James Comey wrote as personal recollections of his

So
And somehow you think this diminishes what he noted?

opie said...

He added, “My view was that the content of those unclassified, memorialization of those conversations was my recollection recorded.”

An unnamed source says otherwise. To our esteemed salesman, the originator is responsible for the classification of the document. I would venture to say, his assessment is correct and has been now subjected to second guessing. I'll wait for Mueller's assessment before jumping on the gotcha band wagon.

C.H. Truth said...

And somehow you think this diminishes what he noted?

As much as the fact that the emails were "hacked" diminishes the the embarrassing and politically damaging information that was exposed via the leaks of those DNC and Clinton emails.

opie said...

As much as the fact that the emails were "hacked" diminishes the the embarrassing and politically damaging information that was exposed via the leaks of those DNC and

Wow, that is about as germane as loretta's constant harangue about james. LOLOL. Your diminished intellect is duly noted.

Anonymous said...

Look at the ending of the article Cali cited at 6:46:

____________
Now,congressional investigators are likely to turn their attention to the same issues to determine if Comey classified information in his personal memos.

In order to make an assessment, congressional investigators will have to tackle key questions, such as:
*Where and how were the memos were created, such as whether they were written on an insecure computer or notepad.
*Where and how the memos were stored, such as inside his home, his briefcase or an insecure laptop.
*Were any memos shown to private individuals without a security clearance and did those memos contain any classified information
*When was it determined by the government that the memos contained classified information, before Comey took them and shared one or after.

One avenue for answering those questions is for a panel like Senate Intelligence, House Intelligence or Senate Judiciary to refer the matter to the Justice Department’s internal watchdog, the inspector general, or to the Director of National Intelligence and its inspector general, aides said.

Anonymous said...

*if Comey mishandled any classified information

KD, Winning G-20 Trip for President Trump said...

Poland Sees Trump Visit Catalyst to Cut Russian Gas Reliance "

That my friends on both sides of the political Isle is what is called in the Real World a Win-Win-Win.

Win #1 US companies provide the LNG to Poland

Win #2 Poland buys less from Russia

Win #3 , Putin has less money to be an asshole