In another legal twist to President Donald Trump’s immigration order, a judge on Ninth Circuit U.S. Court of Appeals is requesting a vote to reconsider the decision handed down Thursday.
The judge, who was not named in the order, requested that a vote be taken as to whether the unanimous decision by the panel of three Ninth Circuit federal judges could be reconsidered en banc, before the 11 federal judges of the Ninth Circuit Court, Law Newz reported.
— LawNewz (@law_newz) February 10, 2017
It was not clear whether the move by the judge was due to his dissatisfaction with the court’s decision or if he believed their votes could be overturned.
On Thursday, the panel of three judges with the extremely liberal San Francisco-based Court delivered a unanimous decision that upheld a temporary restraining order suspending Trump’s travel ban from seven Muslim-majority nations.
According to Law Newz:
Chief Judge Sidney Thomas of the 9th Circuit Court has instructed both Trump’s DOJ team and lawyers for the State of Washington and Minnesota to file briefs due by Thursday February 16th, stating whether they believe the motion should be considered en banc. To get a rehearing, a majority of the 29 active judges on the court would need to vote in favor. Some legal experts contend however that it is unlikely that a majority of judges (most of whom were appointed by Democrats) would agree to this.
While Trump has not requested an en banc review by the full Ninth Circuit panel, he indicated that he plans to fight the decision and has other options available.
“We’ll win that battle, but we also have a lot of other options, including just filing a brand-new order,” Trump told members of the press aboard Air Force One on Friday.