I think the target objective is the same, but the procedure will be slightly different with a more obtuse and longer effect. There has been legislature just introduced this past week to add a new 12th circuit and thereby split up the "nutty" 9th circuit. The proposed legislation will split off California, Hawaii, and Oregon off from the other six states. Something tells me that the 3-state district will have a worse concentration of Democratically appointed judges. Then try to water this proportion with newly appointed judges. This is similar to redistricting in the House to increase the number of desirable judge philosophies. One of the reasons being quoted is to correct the large load on the 9th circuit and reduce some sort of 15 month waiting time. This sounds to me part of Trump's deal making strategy and part of his war with California immigration procedures. This is some sort of squeeze play to put pressure on this liberal immigration policy by changing the geographical jurisdiction to make the new 6-state circuit at least be more conservative in its judges. The key will be which of the current 18 ?? circuit court judges will be moved to this circuit.
Also, what seems to not be emphasized is that the entire order is not under a restraining order --- only the travel ban part. The extreme vetting and the study on how to do this will proceed with this order. The vetting change is what will have the biggest effect on slow-walking the cases. In the mean time, the Trump administration has committed to make this a SCOTUS case to be considered. The tricky part of this is how do get the constiutional issue resolved with the new Supreme Court nominee becoming effective to fix the possible 4-4 tie problem where the circuit court decision remains in effect. GEEE -- maybe the deal will be to drop the new legislation if the Dems do not filibuster and let the new SCOTUS nomination go through quickly.
BOTTOM LINE ----- If you do not like the game, then change the rules and the playing field used in the game.
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Last edited: Feb 12, 2017