On Monday the DoJ petitioned the 9th Circuit Court of Appeals to restore Pres. Trump's temporary moratorium on travelers from seven majority-Muslim nations that are rife with Islamofascist terrorism. The filing came three days after a federal judge in Washington state halted Trump's order and granted a nationwide stay.
This is a bit obnoxious because federal statute (8 U.S.C. §1182(f)) makes it clear - crystal clear - that the purview of immigration, with regard to national security, rests exclusively with the Executive Branch:
"Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate..."
Now, the 9th Circuit is about as liberal as it gets so there is a good possibility that this will end up before the US Supreme Court. The question, then, is this. Will SCOTUS Nominee Gorsuch be seated on the court in order to affect a decision from the body? If the court comes to a 4-4 tie the appeals court decision stands and that would be a technical defeat for the Trump Administration.
It is stunning that judicial activists have been allowed to issue ipso facto legislation from the bench for so long. All federal judges - including US Supreme Court Justices - are seated in lifetime appointments. But, those lifetime appointment are only intact during "good behavior."
Perhaps it is time to start impeaching some judicial activists...