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Wednesday
Feb152017

POLITICS (National): President Donald Trump, executive order, immigration ban, court proceedings: "Judge, in effect, tells Trump administration: See you in court" ....  

* San Francisco Chronicle (Bob Egelko):  "Judge, in effect, tells Trump administration: See you in court" - From the Chronicle:

A lawsuit that has succeeded in blocking President Trump’s ban on travel to the U.S. from seven Muslim-majority countries will proceed in federal courts in Seattle and San Francisco after a judge on Tuesday rejected the Trump administration’s request to put part of the case on hold.

Trump’s Jan. 27 executive order was suspended Feb. 3 by U.S. District Judge James Robart of Seattle in a lawsuit by the states of Washington and Minnesota. A three-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco on Thursday left Robart’s ruling in place, saying Trump’s order may violate the constitutional rights of immigrants and refugees, and rejecting the Justice Department’s argument that courts should not “second-guess” the president on national security issues.

The Trump administration is considering an appeal to the U.S. Supreme Court, but its lawyers asked Robart on Monday to delay further proceedings while appeals court judges vote on a request by an unidentified colleague to rehear the case before an 11-judge panel. The judge said Tuesday, however, that there was no basis for a postponement. He cleared the way for further proceedings, which will allow the state to seek information on the motivation for the travel ban.

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The opposing sides are due to present written arguments to the appeals court Thursday on the request for a rehearing, which would require votes by a majority of the court’s 25 active judges. The court also wants further briefing by March 29 on disputed issues in the case, in preparation for a hearing and a more-detailed ruling on whether Trump’s order should be reinstated while the case proceeds .............