President Trump speaks with Attorney General Jeff Sessions on May 15, 2017.
Kevin Lamarque / Reuters
Justice Department lawyers defending one of the cases challenging President Donald Trump's travel ban asked a Michigan judge on Wednesday to put the case she is hearing on hold because the Supreme Court is likely to hear a different case challenging the ban.
And yet, the Justice Department has not even asked the Supreme Court to hear the case the lawyers mentioned — or any of the cases challenging the travel ban.
"Defendants respectfully seek a stay of the proceedings in this case pending
the Supreme Court’s likely consideration of the Fourth Circuit’s decision in a
substantially similar challenge to Executive Order No. 13780 (the 'Order')," Justice Department lawyers wrote in a Wednesday filing in Arab American Civil Rights League v. Trump, pending before Judge Victoria Roberts in Michigan.
On May 25, the US Court of Appeals for the Fourth Circuit, in a full sitting, ruled against Trump's travel ban. Although Attorney General Jeff Sessions said the department would be seeking Supreme Court review, the department has yet to file either a certiorari petition — the formal request for Supreme Court review — or a request for a stay pending the filing of the certiorari petition.
Review is optional. It would take the vote of four justices to agree to hear the case and five justices to grant a stay.
In addition to the fact that the Supreme Court doesn't have to hear the case, it also is possible that the justices would prefer to hear another case — still pending — out of the Ninth Circuit, which addresses more of the executive order than does the Fourth Circuit case (which only addresses one subsection of the order).
Read the filing:
Source BuzzFeed - Politics http://ift.tt/2rUK7kz
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