The liberal San Francisco-based 9th Circuit Court of Appeals delivered a surprise decision in its recent review of an attempt by fellow liberal judge in Hawaii to circumvent the Supreme Court’s reinstatement of Trump’s travel ban.
The Supreme Court argued that the ban will remain in effect until a full hearing except for refugees who have an immediate family relation already in the U.S.
The Hawaii judge moved to broaden that definition to extended family as well. And that’s when the 9th Circuit denied the request to expand the exception.
But, in typical liberal fashion, it just couldn’t help itself from offering instructions on how exactly to get the exception granted.
Which means the circle firing squad among the federal courts will continue through the summer until the Supremes finally decide the case.
Here’s more from Breitbart…
One day after U.S. District Judge Derrick Watson denied the state of Hawaii’s motion to broaden the definition of “bona fide relationship” for refugees and visa applicants affected by Executive Order 13780, the Ninth Circuit Court of Appeals followed suit.
In its June 26 decision, the Supreme Court let stand the temporary travel and refugee ban contained in that executive order but added that the ban would not apply to refugees and visa applicants with a “bona fide relationship” to an American resident.
The Trump administration quickly defined “bona fide relationship” as parent, child, sibling, spouse or fiance. The state of Hawaii wants a broader definition that would include grandparents, aunts, uncles, cousins, and possibly more distant relations.
Late Friday, the Ninth Circuit said no to Hawaii’s request for an emergency appeal of Judge Watson’s denial, saying it lacked jurisdiction to hear the appeal.
But the liberal judges on the panel could not resist giving Hawaii a road map to get what they want.
The Ninth Circuit ruled that Hawaii should have asked Judge Watson to modify his previous injunction halting the Executive Order on March 15 (partially overturned by the Supreme Court on June 26) instead of asking for him to “clarify” the Supreme Court’s decision.