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June 12 Digest

Posted By Administration, Tuesday, June 13, 2017

Gorsuch's Maiden Opinion: Terse, Plain-Spoken and Text-Based

New U.S. Supreme Court Justice Neil Gorsuch delivered his first opinion Monday, a tightly written unanimous decision that follows his pledge to focus on the text of statutes before the court.

Gorsuch’s decision in Henson v. Santander Consumer USA, a case argued April 18, followed the high court’s tradition of giving the newbie a positive experience by assigning him or her to write in a relatively straightforward case likely to yield a unanimous decision.

Read the full story at The National Law Journal

 

 Trump's Travel Ban Suffers New Loss in Ninth Circuit

A federal appellate court on Monday handed President Donald Trump his second major defeat in a month after finding his executive order suspending immigration from six Muslim nations and the U.S. refugee program violated federal law.

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in an unsigned opinion in Hawaii v. Trump, held that the executive order exceeded Trump’s authority under federal immigration law. That decision comes less than a month after the Fourth Circuit, on different grounds, upheld an injunction stopping the order from taking effect in International Refugee Assistance Project v. Trump.

Read the full story at The National Law Journal

 

 Trump's Tweets Are 'Authority' in Advocates' New Travel Ban Filings

In what may be a first at the U.S. Supreme Court, President Donald Trump’s Twitter account was identified Monday as an “authority” along with the cases, law review articles and news citations that lawyers typically use to bolster their arguments.

The cited authority—”Donald J. Trump (@realDonaldTrump), Twitter (June 5, 2017), https://twitter.com/realdonaldtrump—came from the challengers to the president’s second executive order restricting travel from certain Muslim-majority countries.

Read the full story at The National Law Journal

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