They think they can get a more favorable ruling from the Supreme Court so they want to bypass the appeals courts and normal process. Trump recently trashed the 9th Circuit but they are not the most overturned court.
Trump is trying to gin up personal fight between himself and the courts in order to delegitimize them in eyes of his base. Once he does that, it'll be hard for GOP to defend independent judiciary. Then it becomes a partisan football. Then rule of law dies. https://t.co/Tw4Pfepw6Y
— Ian Bassin (@ianbassin) November 21, 2018
Trump’s goal is not to make a point about the Ninth Circuit. It is to delegitimize the courts (and the Chief Justice) because they, like the media and like DOJ, are an institution that serves as a check & balance against his impulsivity and reckless disregard for the rule of law. https://t.co/2rw73632Rq
— Neal Katyal (@neal_katyal) November 21, 2018
as predicted! "vast number" overturned…. The 9th Circuit is not the most overturned court by the annual reversal rate. here are the facts –> https://t.co/Wztbm1A09j https://t.co/yOS2Gv0wMl
— Glenn Kessler (@GlennKesslerWP) November 21, 2018
This @JoshuaMatz8 post on the Solicitor General repeatedly asking #SCOTUS for emergency relief against district courts is worth reading.
It's not just that these moves disrespect the courts of appeals; they could also cause long-term harm to the SG's credibility with the Court. https://t.co/j54mFuk5aa
— Steve Vladeck (@steve_vladeck) November 12, 2018
Trump administration asks Supreme Court to immediately take up transgender military ban https://t.co/H8t18EhogL
— The Washington Post (@washingtonpost) November 23, 2018
This manifestly unjustified petition urging SCOTUS to leapfrog the lower courts to uphold the #TransBan has just landed. It should be tossed out instantly, ideally with a reminder that the SG’s credibility is already a fully depreciated asset. @JoshuaMatz8 https://t.co/XeRJpPQuAu
— Laurence Tribe (@tribelaw) November 23, 2018
The disrespect DOJ has been showing to the courts comes from the top-down, as we vividly witnessed this week. It's tragic. https://t.co/wgXrRxhTIN
— Neal Katyal (@neal_katyal) November 23, 2018
Read this totally devastating shredding by @steve_vladeck of Trump’s imbecilic (and threatening to the very idea of an independent judiciary) attack on the asylum ruling against his clearly lawless order and on the Ninth Circuit. https://t.co/aXA181obht
— Laurence Tribe (@tribelaw) November 22, 2018