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Ninth Circuit Declines to Convene 11-Judge Panel to Consider Trump’s Moratorium as Debate Continues Over the Size of the Ninth Circuit

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The Ninth Circuit declined to convene an 11-judge panel to consider President Trump’s moratorium on admitting refugees and travelers from six predominantly Muslim countries. In a brief order, the judges voted to reject the request by Hawaii to skip the standard first step of review by a three-judge panel and move directly to an “en banc” panel. The order did not provide any details about the judges’ vote or reasoning.

 The request to have the case heard before a larger panel reflects the long standing debate about the geographic size of the Ninth Circuit. President Trump just stated this week that he seeks to break-up the Ninth to make an additional Twelfth Circuit.  

 

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