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Tuesday, February 7, 2017

The Ninth Circuit Argument Was Embarrassing

Judges are human beings.  That means that they bring their biases to court and those biases often affect the outcome.  Nevertheless, when you get to the federal Courts of Appeals, the judges are supposed to understand that their job is to transcend those biases and to apply the law evenly and fairly.  That was why tonight's argument in the Ninth Circuit was so disheartening.  I listened to judges who started the argument with clear biases and who brandished those biases like weapons to be used against the lawyers appearing before the court.

Having listened to the argument, it seems almost certain that the ruling will keep the temporary restraining order in place, a move which will put the courts in charge of a serious national security issue.  This is not something that was ever intended to happen.

The case will surely go to the Supreme Court in the near future.  The Ninth Circuit may well be reversed one more time.  That court is, after all, the most reversed court in the federal system.  Nevertheless, it was a disgrace to our system of government to listen to these judges go so overboard.


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