An article from The New York Times offers insight into the judiciary possibilities of President Trump’s executive order on immigration. From the article:
“If a majority of the court’s active judges voted to rehear the case, it would typically be considered by an 11-member panel made up of the circuit’s chief judge and 10 judges chosen at random.
Rehearing motions filed by parties and requests for votes on rehearings requested by judges are not particularly unusual. The Ninth Circuit rehears decisions issued by three-judge panels 15 to 25 times a year, the court said.
The Ninth Circuit has 25 active judges, 18 of whom were appointed by Democratic presidents.”
“In a separate order, the three-judge panel last Thursday set a schedule for submitting briefs in the underlying appeal. (The question decided on Thursday was whether to stay the trial court order. The question at issue in the new briefs is whether that ruling was correct.) The last of those briefs is due March 29.”
The entire article is can be found here:
What’s Next for Trump’s Travel Ban? Justice Dept. and States Weigh Options
-The New York Times (2-13-17)