Image: GOP Hopes to Finally Break Up 'Liberal' 9th Circuit Court of Appeals
Protests outside of the U.S. Ninth Circuit Court of Appeals building June 28, 2002 in San Francisco, California in a case involving the constitutionality of the Pledge of Allegiance. (Photo by Justin Sullivan/Getty Images)

A federal appeals court declined the U.S. government’s bid to have President Donald Trump’s travel ban from seven Muslim countries reinstated.

The San Francisco-based U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s ruling to suspend the executive order. It was put in place by U.S. District Judge James Robart, who issued a temporary restraining order that was prompted by a suit from Washington state and Minnesota.

The Justice Department had urged the court to lift the stay, arguing in part that the president could do as he wanted to combat terrorism.

Next likely stop for this whole sorry situation: The U.S. Supreme Court.  What is the Republican response revenge they and President Trump have had enough of these Clowns.

A Republican push to split up the controversial court — and shrink its clout — is gaining steam on Capitol Hill.

Republican Sens. Jeff Flake and John McCain of Arizona introduced legislation last month to carve six states out of the San Francisco-based court circuit and create a brand new 12th Circuit.

They argue that the 9th is too big, too liberal and too slow resolving cases. If they succeed, only California, Oregon, Hawaii and two island districts would remain in the 9th’s judicial fiefdom.

Right now, Flake said, the circuit is far too sprawling.

“It represents 20 percent of the population — and 40 percent of the land mass is in that jurisdiction. It’s just too big,” Flake told Fox News on Wednesday. “We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just don’t have it.”

Flake says it typically takes the court 15 months to hand down a decision.

“It’s far too long,” he added.

Conservatives have mocked the 9th Circuit for years, often calling it the “Nutty 9th” or the “9th Circus,” in part because so many of its rulings have been overturned by the U.S. Supreme Court.

The court has a reputation as one of the most liberal in the country, in large part because of its makeup. Eighteen of the court’s 25 active judges have been appointed by Democrats. Former President George W. Bush appointed six justices, while former President Barack Obama appointed seven.

President Donald Trump has four vacancies to fill on the Ninth Circuit, which has had 18 of its 25 active judges appointed by Democratic presidents, but legislation breaking up the court, which has failed by Democratic opposition for decades, stands a better chance with the GOP-held Congress.

Judge Napolitano to Trump: Rescind the executive order, issue a new one

“We need speed for reasons of security.”


President Trump told reporters on Friday he is considering signing a “brand new order” on immigration as his original executive order faces legal trouble.

The comments, made aboard Air Force One, come after the administration signaled it would not ask the Supreme Court to review an appeals court decision that keeps the travel ban frozen.

“We also have a lot of other options, including just filing a brand new order,” Trump said, according to pool reports.

Asked if his intention is to issue a new executive order, Trump said, “It very well could be. We need speed for reasons of security, so it very well could be.”

Trump dropped a similar hint earlier in the day.

“We’ll be doing something very rapidly having to do with additional security for our country,” Trump said during a joint press conference with Japanese Prime Minister Shinzo Abe. “You’ll be seeing that sometime next week.”

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