Meanwhile, In Brooklyn… 45 Is Likely To Lose. Again. His Brief Is Due, At High Noon Eastern, Tomorrow.

life-brooklyn-no-ban-stay-2017The very able trial level federal jurist in New York’s Eastern District (sitting in Brooklyn), Judge Carol Bagley Amon — just endorsed the parties’ expedited briefing schedule.

In Brooklyn, the posture of the Muslim Ban is that the enforcement of 45’s executive order has been stayed, until the court can be briefed and rule. That stay would expire on its own by February 21, 2017 — but now that the nationwide TRO entered in Seattle will continue until either the Supremes reject an appeal by Mr. Trump, or the trial level judge rules on a preliminary injunction, there is really no danger — if February 21 comes and goes, for the “banned people”.

Of course, 45 is very focused on trying to remove this stay — but again, that’s likely a loser — based on the Ninth Circuit’s unanimous opinion of this evening. Here’s the East Coast schedule then:

. . . .(1) Defendants will file their brief in response to Plaintiffs’ Emergency Motion for a Stay of Removal, as well as their motion to dismiss, by noon, February 10, 2017;

(2) Plaintiffs will file their responsive brief on both motions by February 16, 2017; and

(3) Defendants will file their reply by February 19, 2017. . . .

life-ninth-circ-ahmed-no-ban-02-06-17 [Separately, it looks more and more likely now, based on his raging ALL CAPS tweets tonight (charming!), that 45 will order the DoJ to appeal directly to the Supremes, on the Ninth Circuit decision. So much so, that the State of Washington sought — and was apparently granted — a waiver from filing its trial level brief, on the preliminary injunction, tonight.] But that Supremes gambit is a pure loser, for 45, in any event, IMHO. Now you know.

Here’s to hoping that copper colored, twisty silence isn’t the new normal. . . smile. . . .



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